IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 16163 of 2011(U) ---------------------------------- PETITIONER(S): ------------------- SHYAMALA K.P., PART TIME SWEEPER, PAYYANNUR CO-OPERATIVE URBAN SOCIETY, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------------- 1. JOINT REGISTRAR OF CO-OP.SOCIETIES, KANNUR. PIN - 670 001. 2. BOARD OF DIRECTORS, REPRESENTED BY ITS PRESIDENT, URBAN CO-OPERATIVE SOCIETY, PAYYANNUR - 670 307, KANNUR DISTRICT. R1 BY GOVT.PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 16163/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF REPRESENTATION DDATED 09/06/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P1(a):COCPYCC OF THE POSTAL RECEIPT OF EXT.P1. P2: COPY OF RELEVANT PAGE OF REPORT IN MALABAR NEWS DAILY DATED 06/05/2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ---------------------------------- W.P.(C)No. 16163 OF 2011 --------------------------------------------- Dated this the 16th day of June, 2011 J U D G M E N T The petitioner, who claims to be a Part time Sweeper in the Payyannur Co-operative Urban Bank since 16.11.2001 has filed this writ petition for an order directing the first respondent, the Joint Registrar of Co-operative Societies, Kannur to consider Ext.P1 representation and pass order thereon within a time limit to be fixed by this Court. She has also prayed for an order directing the Board of Directors to keep one post of Peon vacant. 2. A reading of the writ petition and Ext.P1 representation discloses that the main grievance of the petitioner is that in violation of the feeder category rules and ignoring her claim for promotion to the category Peon / Attender, the bank is taking steps to effect appointments by direct recruitment. In my opinion, if as claimed by the petitioner the bank is acting contrary to the feeder category rules, the petitioner can seek appropriate reliefs before the Co-operative Arbitration Court under section 69 of the Kerala Co-operative W.P.(C)No. 16163 OF 2011 2 Societies Act. Sub section (2) of section 70 of the Kerala Co- operative Societies Act empowers the Co-operative Arbitration Court to pass interim orders pending resolution of the main dispute. From the decision of the Co-operative Arbitration Court an appeal lies to the Kerala Co-operative Tribunal. Further, in view of the provisions contained in section 69 of the Act, the Joint Registrar of Co-operative Societies cannot interfere in disputes which can be entertained by the Co-operative Arbitration Court. Such being the situation, this Court cannot direct the Joint Registrar of Co-operative Societies to consider Ext.P1 and pass orders thereon. The writ petition fails and is accordingly dismissed leaving open the petitioner's contentions and reserving liberty with her to move the Co-operative Arbitration Court seeking redressal of her grievances. P.N.RAVINDRAN, JUDGE dmb