IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33603 of 2011(A) ------------------------------------- PETITIONER: M/S.PRECOT MERIDIAN EMPLOYEES' CO-OPERATIVE SOCIETY LTD NO.P806, P.O.KANJIKODE WEST, PALAKKAD-678 623 REP. BY ITS HONORARY SCRETARY G.KUNJU. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: 1. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, P.B.NO.85, KALA NIVAS, CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM PIN 695 001. 2. K.VIJAYAN, A-31, LAKSHNI, AKSHARA NAGAR, KADAMKODE, KARINGARAPULLY P.O., PALAKKAD-678 551. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PALAKKAD PIN 678 001. BY GOVT. PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 33603/2011 EXT. P1 TRUE COPY OF THE SHOW CAUSE NOTICE25.6.2011 ADDRESSED TO THE SECOND RESPONDENT EXT. P2 TRUE COPY OF THE REPLY DT. 6.7.2011 SENT BY THE SECOND RESPONDENT ADDRESSED TO THE PRESIDENT O THE PETITIONER SOCIETY EXT. P3 TRUE COPY OF THE REPORT DT. 12.9.2011 SUBMITTED BY SRI.P.R.SATHEESAN, RETIRED ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (AUDIT) ADDRESSED TO THE PRESIDENT OF THE PETITIONER SOCIETY EXT. P4 TRUE COPY OF THE COMMUNICATION DT. 12.9.2011 SENT BY SRI.P.R.SATHEESAN, RETIRED ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (AUDIT) ADDRESSED TO THE PRESIDENT OF THE PETITIONER SOCIETY EXT. P5 TRUE COPY OF THE APPLICATION DT. 28.7.2011 MADE BY THE SECOND RESPONDENT FOR DISBURSEMENT OF GRATUITY AMOUNT EXT. P6 TRUE COPY OF THE COMMUNICATION DT. 4.8.2011 SENT BY THE PRESIDENT OF THE PETITIONER SOCIETY TO THE SECOND RESPONDENT EXT. P7 TRUE COPY OF THE NOTICE DT. 4.11.2011 SENT BY THE PETITIONER SOCIETY TO THE SECOND RESPONDENT EXT. P8 TRUE COPY OF THE REPLY DT.16.11.2011 SENT BY THE SECOND RESPONDENT TO THE HONORARY SECRETARY OF THE PETITIONER SOCIETY EXT. P9 TRUE COPY OF THE ARBITRATION REQUEST FILED UNDER SECTION 69(1)(e) OF THE CO-OPERATIVE SOCIETIES ACT FILED BY THE PETITIONER BEFORE THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PALAKKAD EXT. P10 TRUE COPY OF THE COMMUNICATION MADE BY THE PETITIONER SOCIETY ON 4.7.2011 BEFORE THE FIRST RESPONDENT EXT. P11 TRUE COPY OF THE COMMUNICATION DT. 6.9.2011 SENT BY THE FIRST RESPONDENT TO THE PETITIONER EXT. P12 TRUE COPY OF THE RESOLUTION DT. 20.9.2011 SENT BY THE PETITIONER SOCIETY ADDRESSED TO THE FIRST RESPONDENT /TRUE COPY/ P.N.Ravindran, J. ------------------------------------------- W.P.(C)No.33603 of 2011 A ------------------------------------------- Dated this the 15th day of December, 2011 JUDGMENT The petitioner, a co-operative society registered under the Kerala Co-operative Societies Act, has filed this writ petition for an order restraining the Kerala State Co-operative Employees Pension Board from proceeding with disbursement of pensionary benefits to the second respondent till a decision is taken on the arbitration case stated to have been instituted by the petitioner society against him. It is contended that large amounts are due from the second respondent, the former Secretary of the petitioner society, who retired from service on 30.06.2011 and in such circumstances, if pending disposal of the arbitration case, pensionary benefits are disbursed to the second respondent, the petitioner society will suffer irreparable injury and loss. 2. Exhibit P9 discloses that the plaint in the arbitration case was sent by registered post to the Assistant Registrar of Co- operative Societies (General), Palakkad only in the first week of WPC 33603/2011 2 December 2011. Sub-section (6) of section 70 of the Kerala Co- operative Societies Act empowers the Registrar or the Arbitrator to make interlocutory orders as he may deem necessary in the interests of justice. Therefore, even assuming that the pensionary benefits can be attached or an order restraining the Pension Board from paying of the pensionary benefits can be passed, it is for the petitioner to move the Arbitrator seeking appropriate interlocutory orders. In this context, it is relevant to note that a Division Bench of this Court has in Kuttappan v. Registrar (1968 KLT SN 46 (Case No.105)), interpreting the provisions contained in sub-section (3) of section 70 of the Kerala Co-operative Societies Act, which is paramateria with sub-section (6) of section 70 of the Act as it now stands, held that while exercising the power under section 70(3), the Registrar has to apply his mind to the question whether a prima facie case has been made out by the person raising the dispute and whether interests of justice require the passing of an interlocutory order. The Division Bench also held that the power to pass an interlocutory order should be exercised sparingly and WPC 33603/2011 3 only in cases where interests of justice demand such a course. 3. The petitioner has chosen to invoke the remedy available to it under section 69 of the Kerala Co-operative Societies Act. In such circumstances, it is for the petitioner to move the Arbitrator, before whom the arbitration case is pending, for appropriate interlocutory orders. I, therefore, find no reason to entertain this writ petition. The writ petition fails and is accordingly dismissed without prejudice to the petitioner's right to move the Arbitrator seeking appropriate interlocutory orders. (P.N.Ravindran, Judge) tkv