IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 31584 of 2010(W) ---------------------------------------- PETITIONER(S): ------------------------ NAZEEMA N.A., NAVAROGI PURAYIDAM, LEGANATH WARD, ALAPPUZHA, BY ADVS. SRI.K.KARTHIKEYA PANICKER, SMT.DAYA K. PANICKER. RESPONDENT(S): --------------------------- 1. THE DIRECTOR OF COIR DEVELOPMENT, COIR DEVELOPMENT DIRECTORATE, THIRUVANANTHAPURAM -695 001. 2. KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD, ALAPPUZHA REPRESENTED BY ITS MANAGING DIRECTOR,COIRFED,ALAPPUZHA-12. R1 & R2 BY ADV. SRI. HARIHARAPUTHRAN, SC, COIRFED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.31584 OF 2010 -------------------------------------------- Dated this the 15th day of October, 2010 JUDGMENT The petitioner is aggrieved by Ext.P4 resolution passed by the second respondent. As per Ext.P4 resolution, the Managing Committee of the second respondent resolved to approach the Government with a prayer to grant permission to regularise the services of certain temporary employees belonging to it. The contention of the petitioner is that the said resolution is against Ext.P1 Circular No.31/96 issued by the Registrar of the Co-operative Societies. That apart, it is the further contention of the petitioner that it virtually violates Exts.P2 and P3 orders of this Court. Essentially, the grievance of the petitioner is against Ext.P4 resolution passed by the Managing Committee of the second respondent. It is further contended that after the introduction Section 80(3A) of the Co-operative Societies Act, recruitment to the posts referred in Ext.P4 are to be effected through the Public Service Commission and such posts can be temporarily filled up only through the employment exchange. The persons who were appointed through the employment exchange cannot continue in service beyond the period of 179 days, it is contended. It is based on the aforesaid W.P.(C) NO.31584/2010 2 circumstances that the petitioner contends that the decision taken by the Managing Committee of the second respondent to regularise the services of the temporary employees is illegal and warrants interference by this Court. I am of the considered view that since the grievance of the petitioner is against the resolution passed by the Managing Committee of the second respondent, she has to work out her remedies as provided under the Co-operative Societies Act and Rules. The legality or otherwise of a resolution has to be looked into by the authorities who are entrusted with the powers under the Co-operative Societies Act and the Rules. It is made clear that it will be open to the petitioner to resort to the appropriate remedy as contemplated under the Co-operative Societies Act and the Rules. Subject to the above observations, this Writ Petition is dismissed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.31584/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.31584/2010 4