IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 7597 of 2010(Y) -------------------------------------- PETITIONER(S): ------------------------ V.C.JOSE, S/O.CHUMMAR, AGED 62 YEARS, VADAKKEL HOUSE, VELLAYANKUDI KARA, KATTAPPANA. BY ADV. SRI.A.C.DEVASIA RESPONDENT(S): -------------------------- 1. KATTAPPANA MARKETING SOCIETY LTD.NO. K-328, REPRESENTED BY ITS SECRETARY, MARKETING SOCIETY BUILDING, KATTAPPANA- IDUKKI DISTRICT. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PYNAVU- IDUKKI. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. R2 & R3 BY GOVT. PLEADER SRI.P.M.MANOJ R1 BY ADVS. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7597/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CHARGE MEMO DTD. 27.2.2006. P2:- COPY OF THE REPLY SUBMITTED BY THE PETITIONER DTD. 4.3.2006. P3:- COPY OF THE ENQUIRY REPORT DTD. 5.4.2007 WITH COVERING LETTER DTD. 19..07. P4:- COPY OF THE MINUTES BOOK ISSUED BY THE IST RESPONDENT SOCIETY AS PER RIGHT TO INFORMATION ACT DTD. 24.12.07. P5:- COPY OF THE NOTICE DTD. 21.12.2007 ISSUED BY THE JOINT REGISTRAR (GENERAL) IDUKKI. P6:- COPY OF THE COUNTER FILED BY THE PRESIDENT OF THE IST RESPONDENT SOCIETY DTD. 16.1.2008. P7:- COPY OF THE NOTICE DTD. 18.4.2006. P8:- COPY OF THE DISMISSAL ORDER DTD. 6.8.07. P9:- COPY OF THE PETITION DTD. 1.6.06 SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE LEAVE LETTER DTD. 9.12.2005. R1(b):- COPY OF THE FINAL REPORT IN CRIME 60/2006 OF THE KATTAPPANA POLICE STATION DTD. 9.5.06. TRUE COPY P.A. TO JUDGE tss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.7957 of 2010 ------------------------------- Dated this the 28th day of January, 2011 J U D G M E N T Ext.P3 enquiry report finding the petitioner guilty of the charges levelled against him and Ext.P8 order passed by the Managing Committee of the first respondent society rejecting the appeal filed by the petitioner from the order imposing the punishment of dismissal from service are under challenge in this writ petition. The main contention raised by the petitioner is that he attained the age of superannuation on 28.2.2006 and it was thereafter that the enquiry report was received and the order dismissing him from service was passed and therefore the order imposing punishment is liable to be set aside. 2. The petitioner is an employee of a Co-operative society. Section 69(2)(d) of the Kerala Co-operative Societies Act, 1969, as amended with effect from 2.1.2003, states that any dispute arising in connection with employment of officers and servants of the different classes of societies specified in sub-section (1) of section 80 is a dispute which can be decided by the Co-operative Arbitration Court . From the decision of the Co-operative Arbitration Court, an appeal lies to the Kerala Co-operative Tribunal. In such W.P.(C) No.7597 of 2010 2 circumstances, I am of the opinion that the petitioner should invoke the alternate remedy available to him instead of seeking the intervention of this Court at this stage. Apart from the question whether a writ will lie against a co-operative society, there is also the fact that the petitioner has an equally efficacious alternative remedy. I therefore decline jurisdiction and dismiss the writ petition leaving open the petitioner's contentions and reserving liberty with him to move the Co-operative Arbitration Court seeking redressal of his grievances. P.N. RAVINDRAN, JUDGE. nj.