K.T. Sankaran, J.

The third respondent in O.P.No.2596 of 2003 is the appellant. The writ petition was filed by the first respondent praying for a writ of mandamus directing respondents 2 and 3, namely the Joint Registrar of Co-operative Societies and the Assistant Registrar of Co-operative Societies to take action under Section 32 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act'). There is a further prayer to issue a direction to the third respondent to give pay revision benefits to the petitioner with effect from 1.4.1999 and also the consequential retirement benefits as directed by the Assistant Registrar in Ext.P3 proceedings. A declaration is also sought by the writ petitioner to the effect that he is entitled to get the benefits of pay revision with effect from 1.4.1999 till his retirement on 30.11.2000 and consequential retirement benefits in accordance with law.

(2) The petitioner in the writ petition was an employee of F.A.C.T. Service Co-operative Society Limited, a society having membership of the members of the Fertilizers and Chemicals Travancore Limited. The petitioner retired from service on 30.11.2000. Prior to the retirement of the petitioner, by a Government order dated 22.3.2000 the pay revision was effected with effect from 1.4.1999.

(3) Complaining that the benefits of the pay revision were not extended to the writ petitioner, he submitted Ext.P2 representation to the Joint Registrar of Co-operative Societies and Assistant Registrar of Co-operative Societies .

The Assistant Registrar passed Ext.P3 order dated 18.7.2001 directing the society to pay the service benefits to the writ petitioner on the basis of the pay revision. Ext.P4 is a communication dated 27.6.2002 issued by the Joint Registrar of Co-operative Societies to the writ petitioner intimating the decision taken by the Assistant Registrar. The writ petition was filed on the allegation that the society failed to comply with the directions issued by the Assistant Registrar.

(4) The society raised a contention that it was incurring heavy loss in the previous years with an accumulated loss of approximately Rs.7.5 lakhs. It was also pointed out that on account of the financial crisis, the retirement vacancies were not filled up and the strength of the employees had come down from 21 to 6. During the period from 1.4.1999 to 1.11.2001 five employees including the writ petitioner retired from service. It was also contended by the society that it had filed an application before the Registrar of Co-operative Societies to exempt the society from implementing the pay revision.

(5) The learned Single Judge, as per judgment dated 7th October, 2003, directed the third respondent society to implement Ext.P3 order passed by the Assistant Registrar and to pay the arrears of salary due to the writ petitioner within three months. The contention of the society that it had moved an application before the Registrar of Co-operative Societies was noticed by the learned Single Judge and it was held thus:

"A Society is bound to grant the pay scale as provided under Appendix III of the Kerala Co-operative Societies Rules by virtue of the provisions of Rule 188 of the Kerala Co- operative Societies Rules, unless the sanction of the Registrar is obtained to deviate from it. In the case on hand, the 3rd respondent does not have a case that they have obtained sanction from the Registrar. They submit, only a representation is made on 4.3.2003 and the same is pending consideration before the Registrar."

(6) Sri. A.K.Jayasankar Nambiar, the learned counsel appearing for the appellant, submitted that the learned Single Judge was not justified in granting the reliefs as now granted. He submits that an employee of a co-operative society could only raise a dispute under Section 69 of the Act and he cannot approach the Assistant Registrar or Joint Registrar with representations like Ext.P2 .

(7) Sri.P.N.Mohanan, learned counsel appearing for the fi