G. Manoj Kumar vs Kuruvilassery Service Co-Operative Bank and The Joint Registrar of Co-Operative

P.N. Ravindran, J.—The Petitioner is an employee of the first Respondent bank. He was placed under suspension by Ext.P4 order dated 21.1.2011 pending enquiry. Three days thereafter the Petitioner filed Ext.P5 representation dated 24.1.2011 before the Joint Registrar of Co-operative Societies (General) Thrissur invoking the power of the Joint Registrar under Rule 176 of the Kerala Co-operative Societies Rules for rescinding the resolution and consequently to reinstate him in service. This writ petition was thereafter filed on 11.2.2011 mainly for an order directing the Joint Registrar of Co-operative Societies to consider Ext.P5 and pass orders thereon expeditiously. The Petitioner has also prayed for setting aside Ext.P4 order.

Section 69 of the Kerala Co-operative Societies Act (hereinafter referred to as ''the Act'' for short) entitles the Petitioner to question Ext.P4 before the Co-operative Arbitration Court. As a matter of fact there is an express stipulation to the effect that in the matter of disputes between an employee of a Co-operative Society and the Society, the Co-operative Arbitration Court in the case of non-monetary disputes and the Arbitrator in the case of monetary disputes shall have exclusive jurisdiction to deal with such disputes. Sub-section (2) of Section 69 of the Act clarifies the position by stipulating that any dispute between the employer and the employee shall be deemed to be a dispute for the purpose of Section 69 of the Act. From the decision of the Co- operative Arbitration Court an appeal lies to the Kerala Co-operative Tribunal. The Petitioner thus has an effective and meaningful alternate remedy. Section 70 of the Act also empowers the Co-operative Arbitration Court to pass interim orders pending resolution of the main dispute. I am therefore of the opinion that the Petitioner should move the Co-operative Arbitration Court seeking redressal of his grievances. In the light of the statutory provisions contained in Section 69(2) of the Act, the Joint Registrar of Co-operative Societies cannot entertain the request made by the Petitioner in Ext.P5.

I accordingly dispose of the writ petition with a direction that in the event of the Petitioner filing an arbitration case in the Co-operative Arbitration Court challenging Ext.P4 order of suspension, the Arbitration Court shall dispose of the same in accordance with law with notice to the first Respondent bank expeditiously and in any event within four months from the date on which the arbitration case is filed before the arbitration court. It will be open to the Petitioner to move for appropriate interim reliefs and in the event of such an application being filed, the Co-operative Arbitration Court shall consider the same and pass orders thereon after notice to the first Respondent bank within one month from the date on which the Petitioner files such an application.