IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 8048 of 2011(E) ------------------------- PETITIONER(S): --------------- PREETHA KUMARIU.S, W/O. C. SREEKUMAR, AGED 46 YEARS, PREETHASREE, SGRA - 37, ATHIYANNUR ARALAMMOODU.P.O, NEYYATINKARA, TRIVANDRUM. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM - 695 001. 2. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, VANCHIYOOR.P.O, TRIVANDRUM, PIN - 695 035. 3. POLICE STAFF CO-OPERATIVE SOCIETY LTD., NO.T.696, VAZHUTHACAUD, TRIVANDRUM-695 014, REPRESENTED BY ITS SECRETARY. 4. THE DIRECTOR BOARD, POLICE STAFF CO-OPERATIVE SOCIETY LTD., NO.5.696, VAZHUTHACAUD, TRIVANDRUM - 695 014, REPRESENTED BY ITS PRESIDENT. 5. T.S. BAIJU, PRESIDENT, POLICE STAFF CO-OPERATIVE SOCIETY LTD., NO.T.696, VAZHUTHACAUD, TRIVANDRUM - 695 014. ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE FOR R4-R5 SRI.P.K.MANOJ KUMAR FOR R4-R5 SMT.HENA BAHULEYAN FOR R4-R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.8048/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE CIRCULAR NO.4/2006 DATED 20.2.2006 OF THE REGISTRAR, CO-OPERATIVE SOCIETIES EXT.P2. TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT DATED 1.7.2009 EXT.P3. TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER. EXT.P4. TRUE COPY OF THE MEMO ISSUED TO THE PETITIONER DATED 5.2.2011 BY THE 5TH RESPONDENT. EXT.P5. DTRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 8.2.2011 TO THE CITY COMMISSIONER OF POLICE, TRIVANDRUM EXT.P6. TRUE COPY OF THE JUDGMENT DATED 22.2.2011 IN W.P(C) No.4926/2011 OF THIS HON'BLE COURT. EXT.P7. TRUE COPY OF THE ORDER OF THE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM IN I.A.NO.18/2011 IN A.R.C.NO.12/2011 DATED 4.3.2011. EXT.P8. TRUE COPY OF THE APPLICATION OF THE PETITIONER ALONG WITH THE ACKNOWLEDGMENTS ISSUED BY THE SECRETARY OF THE 3RD RESPONDENT SOCIETY DATED 7.3.2011 EXT.P9. TRUE COPY OF THE APPLICATION OF THE PETITIONER ALONG WITH THE ACKNOWLEDGEMENTS ISSUED BY THE PRESIDENT OF THE 3RD RESPONDENT SOCIETY DATED 7.3.2011., / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.8048 of 2011 ----------------------------------------- Dated this the 21st March, 2011 JUDGMENT The prayer in this writ petition is for an order directing respondents 3 to 5 to obey and implement Ext.P7 order passed by the Co-operative Arbitration Court. The brief facts of the case are as follows. 2. The petitioner was an employee of the 3rd respondent society. By Ext.P4 memo dated 5.2.2011 the President of the 3rd respondent society informed the petitioner that she need not report for duty from 7.2.2011 onwards. The petitioner thereupon filed W.P(C)No.4926 of 2011 in this Court. By Ext.P6 judgment delivered on 22.2.2011, I dismissed the writ petition reserving liberty with the petitioner to challenge Ext.P4 in appropriate proceedings before the Co-operative Arbitration Court. I also directed that in the event of the petitioner invoking the jurisdiction of the Co-operative Arbitration Court and moving for interim relief, the Co-operative Arbitration Court shall pass appropriate orders on the application for stay within one week from the date on W.P(C) NO.8048/2011 -:2:- which it is filed. The petitioner accordingly filed A.R.C.No.12 of 2011 in the Co-operative Arbitration Court. Along with that case she also filed I.A.No.18 of 2011 for an order staying the implementation of Ext.P4 which was impugned before the Co- operative Arbitration Court. By Ext.P7 order passed on 4.3.2011 the Co-operative Arbitration Court stayed the operation of the order impugned before it and directed the respondents in the arbitration case to re-admit the petitioner to duty with immediate effect. The petitioner thereupon produced a copy of the said order before the President of the 3rd respondent society along with the original of Ext.P8 letter. The instant writ petition is filed contending that notwithstanding Ext.P7 order passed by the Co- operative Arbitration Court directing respondents 3 to 5 to re- admit the petitioner to duty, the said order has not been complied with. In this writ petition the petitioner seeks a direction to respondents 3 to 5 to implement Ext.P7 order passed by the Co- operative Arbitration Court forthwith. 3. The respondents have been served and they have entered appearance. Sri.P.K.Manoj Kumar learned counsel appearing for respondents 4 and 5 submitted that respondents 3 to 5 have filed I.A.No.20 of 2011 in A.R.C.No.12 of 2011 seeking W.P(C) NO.8048/2011 -:3:- a modification of Ext.P7 order and that it stands posted for hearing to 28.3.2011. The learned counsel submitted that in such circumstances this writ petition may be adjourned to a date after 28.3.2011 to await the orders of the Co-operative Arbitration Court. In my opinion that cannot be a reason to keep this writ petition indefinitely pending. What the petitioner seeks in this writ petition is a direction to respondents 3 to 5 to obey Ext.P7 order passed by the Co-operative Arbitration Court. Ext.P7 order was passed on 4.3.2011. More than 16 days have passed after Ext.P7 order was passed. I accordingly dispose of the writ petition with a direction to the Co-operative Arbitration Court to take up I.A.No.20 of 2011 filed by respondents 4 and 5 in A.R.C.No.12 of 2011 and pass orders thereon on 28.3.2011 itself. Respondents 3 to 5 shall, in the event of Ext.P7 order continuing in force, implement the same by re-admitting the petitioner to duty, subject to the outcome of A.R.C.No.12 of 2011. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.8048 of 2011 ---------------------------- JUDGMENT 21st March, 2011