IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 WP(C).No. 30726 of 2010(M) -------------------------- PETITIONER(S): --------------- P.V.CHANDRALAL, BRANCH MANAGER (UNDER ORDER OF DEMOTION TO THE POST OF JUNIOR MOST ACCOUNTANT) EAST ELERI SERVICE CO-OPERATIVE BANK LTD.NO.8832, CHITTARIKKAL P.O., KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH SMT.M.SHAZIA SULTHANA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KASARAGOD. 3. THE BOARD OF MANAGEMENT, THE EAST ELERI SERVICE CO-OPERATIVE BANK LTD.NO.8832, CHITTARIKKAL, CHITTARIKKAL P.O., PIN-671 326, KASARAGOD DISTRICT. 4. THE EAST ELERI SERVICE CO-OPERATIVE BANK LTD.NO.8832, CHITTARIKKAL, CHITTARIKKAL P.O., PIN-671 326, KASARAGOD DISTRICT REPRESENTED BY ITS SECRETARY. 5. THE DISIPLINERY ACTION SUB COMMITTE THE EAST ELERI SERVICE CO-OPERATIVE BANK LTD.NO.8832, CHITTARIKKAL, CHITTARIKKAL P.O., PIN-671 326, KASARAGOD DISTRICT REPRESENTED BY ITS DIRECTOR/CHAIRMAN. WP(C).No. 30726 of 2010(M) 2 6. THE EAST ELERI SERVICE CO-OPERATIVE BANK LTD.NO.8832, CHITTARIKKAL, CHITTARIKKAL P.O., PIN-671 326, KASARAGOD DISTRICT REPRESENTED BY ITS PRESIDENT. 7. ANCYKUTTY THOMAS, BRANCH MANAGER, THE EAST ELERI SERVICE CO-OPERATIVE BANK, PLAVAYAL BRANCH, KASARAGOD DISTRICT. ADV. SRI.N.RAGHURAJ FOR R3 TO 5 SMT.K.AMMINIKUTTY FOR R3 TO 5 SRI.V.N.RAMESAN NAMBISAN FOR R7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.30726 of 2010 ----------------------------------------- Dated this the 23rd May, 2011 JUDGMENT Ext.P7 order passed by the Sub Committee of the 4th respondent society and Ext.P12 decision taken by the Managing Committee of the said society on appeal filed by the petitioner are under challenge in this writ petition. By Ext.P7 order the Sub Committee of the 4th respondent society imposed on the petitioner the punishment of reduction from the post of Branch Manager to the next lower post of Accountant. That was confirmed in appeal by Ext.P12 order. Under section 69 of the Kerala Co-operative Societies Act, 1969 any dispute between an employee of a co- operative society and the society, even in matters relating to service conditions, can be adjudicated upon by the Co-operative Arbitration Court. In fact there is an express stipulation to the effect that the Co-operative Arbitration Court alone shall have jurisdiction to decide the dispute. From the decision of the Co- operative Arbitration Court an appeal or a revision would lie to the Kerala Co-operative Tribunal. In such circumstances as the W.P(C) NO.30726/2011 -:2:- petitioner has an effective and meaningful alternate remedy, I am of the opinion that he should pursue the same instead of invoking the jurisdiction of this Court at this stage. I accordingly dismiss the writ petition reserving liberty with the petitioner to challenge the impugned orders before the Co-operative Arbitration Court. His contentions on the merits are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.30726 of 2010 ---------------------------- JUDGMENT 23rd May, 2011