IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 877 of 2009(D) ------------------------ PETITIONER(S): --------------- M.MANOJ KUMAR (G.NO.809), PUTHIYEDATH DEVIKA NIVAS, EAST KADUNGALLOOR, U.C.COLLEGE P.O., ALUVA. BY ADV. SRI.DILEEP VARGHESE SRI.C.ARUN PRASANTH RESPONDENT(S): --------------- 1. INDIAN COFFEE BOARD WORKERS CO-OPERATIVE SOCIETY LTD.NO.4227, HEAD OFFICE, M.G.ROAD, P.B.NO.184, THRISSUR 680001, REPRESENTED BY ITS SECRETARY. 2. THE GENERAL MANAGER (REGISTRAR), ZILLA VYAVAZAYA KENDRAM, THRISSUR. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, CO-OPERATIVE DEPARTMENT, TRIVANDRUM. R1 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.877 OF 2009 ------------------------------------------- Dated this the 26th day of February, 2009 JUDGMENT The petitioner, an employee of the first respondent, a co- operative society, was dismissed from service. He, instead of taking recourse to arbitration under Section 69 of the Kerala Co- operative Societies Act, 1969, challenged the proceedings before the Registrar. Ultimately, the officer exercising the powers of the Registrar issued Ext.P5, which is a single line order, really stating no reasons at all. By that process, the request of the petitioner before that authority has been rejected. I am clear in my mind that Ext.P5 does not stand for reasons more than one. Firstly, it is cryptic and secondly, no relevant facts are adverted to and considered for arriving at such decision. More importantly, the jurisdictional issue has not been considered at all. Interest of justice, essentially, therefore, requires that Ext.P5 should be set aside. Hence, Ext.P5 is set aside and the petitioner is left with liberty to seek redressal before the competent arbitration court under Section 69 of the Act since WPC.877/09 Page numbers that is a full fledged remedy in disciplinary matters. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.26/2.