Kerala High Court
P. Mohanarajan vs Pathanamthitta Primary Co-Operative ... on 5 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:67550
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WP(C) NO. 23822 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 23822 OF 2024
PETITIONER/S:
P. MOHANARAJAN,
AGED 67 YEARS
MANAZHIKEEZHATHIL HOUSE, AZHOOR, PATHANAMTHITTA P.O,
PIN - 689645
BY ADVS.
AJI V.DEV
ALAN PRIYADARSHI DEV
S.SAJEEVAN
RESPONDENTS:
1 PATHANAMTHITTA PRIMARY CO-OPERATIVE AGRICULTURAL &
RURAL DEVELOPMENT BANK,
PATHANAMTHITTA (NO-Q-390), REPRESENTED BY IT’S
SECRETARY, PIN - 689645
2 THE PRESIDENT,
PATHANAMTHITTA PRIMARY CO-OPERATIVE AGRICULTURAL &
RURAL DEVELOPMENT BANK, PATHANAMTHITTA (NO-Q-390), PIN
- 689645
3 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES,
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, MINI CIVIL STATION, PATHANAMTHITTA, PIN -
689645
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WP(C) NO. 23822 OF 2024
4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
D.P.I JN, JAWAHAR SAHAKARANA BHAVAN,
THIRUVANANTHAPURAM, PIN - 695014
5 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT
OF COOPERATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM –, PIN - 695014
BY ADV P.N.MOHANAN
BY SC - SRI. C.P.SABARI.
BY SR.G.P. SRI. SUNIL.V.K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 23822 OF 2024
JUDGMENT
The petitioner is a member of the 1st
respondent Co-operative Agricultural & Rural
Development Bank. The petitioner has filed this writ
petition challenging Ext.P1 notification issued by the 1 st
respondent Bank inviting applications from the
prospective applicants for the posts of Record Keeper
and Driver. The petitioner contends that such
appointments are totally unnecessary and unwarranted
and against the interest of the 1 st respondent Bank
which is already under loss. This Court, on 03.07.2024,
granted stay of proceedings pursuant to Ext.P1
notification.
2. A counter affidavit is filed on behalf of
respondents 1 and 2 wherein it is contended that the
Bank is working on profit and that the notification to fill
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up the posts of Record Keeper and Driver has been
issued in view of the exigency in the Bank.
3. Heard Sri. Ajiv Dev, the learned counsel
for the petitioner, Sri. C.P. Sabari, the learned Standing
Counsel for the respondents 1 and 2 and the learned
Government Pleader.
4. Sri. C.P. Sabari, the learned standing
counsel for respondents 1 and 2 submits that the writ
petition is not maintainable and relies on the Judgments
of this Court in Prakasini v. Joint Registrar [2006(1)
KLT 199) and Raveendran v. State of Kerala [2007
(3) KLT 558] in this regard. The learned counsel also
refers to the unreported decision of the Division Bench of
this Court in W.A. No.2436 of 2018 in Kaduthuruthy
Urban Co-operative Bank Ltd. v. The Joint
Registrar of Co-operative Societies (General). It is
also submitted that the petitioner has got an efficacious
alternative remedy under Section 69 (2) (d) of the
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Kerala Co-operative Societies Act, 1969 (for short, 'the
Act').
5. Section 69 of the Act deals with disputes to
be decided by Co-operative Arbitration Court and
Registrar. Section 69 (1) (c) provides that,
notwithstanding anything contained in any law for the
time being in force, if a dispute arises between the
Society or its Committee and any past Committee, any
officer, agent or employee or any past officer, past agent
or past employee or the nominee, heirs or legal
representatives of any deceased officer, deceased agent
or deceased employee of the Society; such disputes shall
be referred to Co-operative Arbitration Court constituted
under Section 70A of the Act, in the case of non-
monetary disputes and to the Registrar, in the case of
monetary disputes, and the Arbitration Court, or the
Registrar, as the case may be, shall decide such disputes
and no other Court or other authority shall have
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jurisdiction to entertain any suit or other proceedings in
respect of such disputes. Section 69 (2) (d) of the Act
provides that, for the purpose of sub-section (1) of
Section 69, any dispute arising in connection with
employment of officers and servants of the different
classes of Societies specified in subsection (1) of Section
80, including their promotion and inter se seniority, shall
also be deemed to be disputes. Rule 67(3) of the Kerala
Co-operative Societies Rules, 1969 provides that the
non-monetary disputes are to be filed before the Co-
operative Arbitration Court and monetary disputes are to
be filed before the Registrar. An award passed by the
Arbitration Court under Section 70(1) of the Act is
appealable to the Cooperative Tribunal, under clause (a)
of sub-section (1) of Section 82 of the Act.
6. The learned counsel for the petitioner
submits that the petitioner being a member of the
Society has the locus to file this writ petition and that
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the remedy under Section 69(2)(d) of the Act is not
efficacious.
7. In Prakasini's case (supra), this Court has
taken the view that inter se seniority between
employees is to be decided by the Arbitration Court and
not by the Joint Registrar under Rule 176 of the KCS
Rules. Following the decision in Prakasini's case, the
Division Bench, in Raveendran's case (supra), held that,
in the light of section 69(2) (d) of the Act, the dispute in
connection with the employment of officers and servants
of different classes of societies specified in sub-s. (1) of
section 80 including their promotion and inter-se
seniority has to be decided by the Arbitration Court and
not by the Joint Registrar or by the Government. In
Kaduthuruthy Urban Co-operative Bank Ltd v. The
Joint Registrar of Co-operative Societies (General)
(supra), a member of the Society challenged the
notification issued for appointment to the post of Peon
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in the Society in excess of notified vacancy. This Court
held that the complainants are admittedly members of
the Co-operative Bank wherein the appointments have
been made and hence a 'dispute' is indisputably
maintainable under Section 69(1)(b) of the Act.
The learned counsel for the petitioner submits
that the decision in Kaduthuruthy Urban Co-
operative Bank Ltd.(supra) pertains to a service
dispute and will not apply to the facts of this case. The
issues as to whether there is any exigency of Record
Keeper and Driver in the Bank and whether the Society
is running at a loss are all factual matters which require
adjudication by the Co-operative Arbitration Court
constituted under Section 70A of the Act. This Court
cannot go into those factual aspects. The petitioner is a
member of the 1st respondent Co-operative Bank where
the notification for appointment is issued, and hence a
'dispute' is indisputably maintainable under Section 69
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(1) (b) of the Act. Accordingly, this writ petition is
dismissed without prejudice to the right of the petitioner
to approach the Co-operative Arbitration Court under
Section 69 (2) of the Act.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-...
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WP(C) NO. 23822 OF 2024
APPENDIX OF WP(C) 23822/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION ISSUED BY THE
RESPONDENT BANK DATED: 11.06.2024
Exhibit P2 TRUE COPY OF THE PROFIT & LOSS ACCOUNTS FOR FY
2023-24, ALONG WITH A STATEMENT OF DEBT
Exhibit P3 TRUE COPY OF STATEMENT CONTAINING DETAILS
PERTAINING TO THE RESPONDENT BANK FOR THE PERIOD
FROM 1997-98 ONWARDS
Exhibit P4 TRUE COPY OF THE CIRCULAR NO.28/96 DATED: 07-11-
1996 ISSUED BY THE 4TH RESPONDENT
Exhibit P4(a) TRUE COPY OF THE CIRCULAR NO.73/13 DATED:
21.11.2013 ISSUED BY THE 4TH RESPONDENT DATED: 21-
11-2013RESPONDENT DATED: 27.06.2024 BY THE
PETITIONER
Exhibit P5 TRUE COPY OF THE REPRESENTATION LODGED BEFORE THE
3RD RESPONDENT DATED: 27.06.2024 BY THE PETITIONER
Exhibit P5(a) TRUE COPY OF THE SPEED POST RECEIPT DATED:
27.06.2024
RESPONDENT EXHIBITS
EXHIBIT R2(a) A true copy of the order dated 06.02.2024 of the
Joint Registrar
EXHIBIT R2(b) A true copy of the notification dated 11.05.2024
published in Deshabhimani daily
EXHIBIT R2(c) A true copy of the audited balance sheet
