Maridas D vs President on 22 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37119 of 2009(H)



1. MARIDAS D.
                      ...  Petitioner

                        Vs

1. PRESIDENT, NEDUMBANA SERVICE COOPERATIVE
                       ...       Respondent

                For Petitioner  :SRI.S.SUDHEESHKAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :22/12/2009

 O R D E R
                           S.SIRI JAGAN,J.
                        -------------------------
                   W.P ( C) No.37119 of 2009
                        --------------------------
             Dated this the 22nd December,2009

                           J U D G M E N T

The petitioner claims to be a temporary Salesman

working in the Nedumbana Service Co-operative Bank

for 12 years. He submits that in view of Ext.P5 circular

issued by the Registrar of Co-operative Societies, the

petitioner is entitled to regularisation in service.

Therefore, he seeks the following reliefs:

“i. To issue a writ of mandamus or other
writ order or direction, directing the 2nd
respondent to take action on Ext.P4 within a time
frame stipulated by this Hon’ble Court in the
interest of justice ; and

ii. Issue a writ of mandamus or any other
writ, order or direction declaring that the petitioner
is entitled to be regularised and appointed in the
existing vacant post of salesman in the respondent
bank from 1.9.2006 onwards”.

2. I am not inclined to entertain this writ petition

since for the reliefs prayed for the appropriate remedy

available to the petitioner is to either approach the Co-

operative Arbitration Court under Section 69 of the

Kerala Co-operative Societies Act or to raise an industrial

dispute under the Industrial Disputes Act. Therefore,

W.P ( C) No.37119 of 2009
2

without prejudice to that right, this writ petition is

dismissed.

S.SIRI JAGAN, JUDGE
ma

W.P ( C) No.37119 of 2009
3