IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7625 of 2009(W)
1. P.MOHANAN,S/O.KRISHNAN,PANNIYODAN HOUSE,
... Petitioner
Vs
1. THE REGIONAL AGRO INDUSTRIAL DEVELOPMENT
... Respondent
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
3. K.V.VENU,UNSKILED ORKER (HG),AGRL.
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.M.SASINDRAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :18/09/2009
O R D E R
S. Siri Jagan, J.
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W. P (C) No. 7625 of 2009
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Dated this, the 18th September, 2009.
J U D G M E N T
The petitioner and the 3rd respondent are employed as skilled
workers on daily wages in the 1st respondent-Society with effect from
1993. The services of both of them were regularised on 20-5-1996.
As such, according to the petitioner, both of them stand similarly
situated in respect of service benefits. The petitioner’s grievance now
is that by Ext. P4, certain service benefits are sought to be conferred
on the 3rd respondent , which have been denied to the petitioner.
According to the petitioner, the same amounts to discrimination.
2. I am of opinion that this is a matter which the petitioner
should agitate in proceedings under Section 69 of the Kerala Co-
operative Societies Act. A Division Bench of this Court has, in
Malappuram Dt. Co-op. Bank Ltd. v. Malappuram Dt. Co-op.
Bank Employees W.F. Committee, 2001(2) KLT 44, held that a writ
petition is maintainable in respect of service matters of an employee
of the Society if the Society contravenes any provision of the Act or
Rules. The petitioner has no case that any provision of the Act or
Rules have been contravened in the matter. Therefore, I am of
opinion that it is only appropriate that the petitioner resorts to
proceedings under Section 69 of the Kerala Co-operative Societies
Act in respect of the subject matter. This is all the more be so since
for deciding the issues involved, it would require evidence to be
adduced.
Accordingly, without prejudice to the right of the petitioner to
seek remedies under Section 69 of the Kerala Co-operative Societies
Act, this writ petition is dismissed.
Sd/- S. Siri Jagan, Judge.
Tds/