IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 17615 of 2006(V)
1. THE VALLAPUZHA SERVICE CO-OP. BANK
... Petitioner
Vs
1. THE JOINT REGISTRAR OF
... Respondent
2. SRI.P. MOHAMMED, FORMER SECRETARY,
For Petitioner :SRI.K.RAMAKUMAR
For Respondent :SRI.M.SASINDRAN
The Hon'ble MR. Justice K.THANKAPPAN
Dated :25/09/2006
O R D E R
K.THANKAPPAN, J.
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W.P.(C)NO. 17615 OF 2006
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Dated this the 25 th day of September, 2006
JUDGMENT
The petitioner – Bank filed this Writ Petition challenging the
jurisdiction of the first respondent – Joint Registrar of Co-operatives
Societies (General), Palakkad to consider Ext.P15.
2. Ext.P15 is the representation filed by the second respondent
before the Joint Registrar challenging the suspension order passed by the
petitioner. The main ground urged in the Writ Petition is that after
2.1.2003, dispute regarding the service of an employee of a Co-operative
Society shall be raised under Section 69 of the Kerala Co-operative
Societies Act, 1969 (hereinafter referred to as “the Act”) before the
Arbitration Court established for that purpose and hence, the first
respondent has no jurisdiction to consider Ext.P15.
3. After considering the facts and circumstances of the case and the
provisions of the Act and the Rules framed thereunder, this Court is of the
W.P.(C)NO.17615/2006 2
view that the first respondent has no jurisdiction to consider Ext.P15. It is
so declared.
The Writ Petition is accordingly allowed without prejudice to the
right of the second respondent to seek his remedy under law before the
appropriate forum.
(K.THANKAPPAN, JUDGE)
sp/