Point of Law: It is for them to file third party appeal along with application to secure third party leave from the Kerala Co-operative Tribunal, in terms of Sec.82(1) of the Act.

JUDGMENT :

Alexander Thomas, J.

The appellants herein are aggrieved by the judgment dated 17.12.2021 rendered by the learned Single Judge in W.P(C) No.24018/2021 filed by them, whereby, the said writ petition has been dismissed on the ground that the proper remedy of the writ petitioners therein/appellants herein, is to approach the Kerala Co-operative Appellate Tribunal in regard to their grievances as against the impugned Ext.P-2 Award rendered by the Co-operative Arbitration Court, Thiruvananthapuram.

2. Heard Sri.B.R.Muraleedharan, learned counsel appearing for the appellants in the W.A/ petitioners in the W.P(C), Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader appearing for official respondent No.3 and Sri.K.S.Bharathan, learned Advocate appearing for contesting respondent No.4 in the W.A.

3. The appellants are essentially aggrieved by the impugned Ext.P-2 Award dated 21.10.2021 rendered by the Co-operative Arbitration Court, Thiruvananthapuram in Arbitration Reference Case, ARC No.42/2019 filed by R4 herein. By Ext.P-2 Award, the Arbitration Court has directed that the 1st defendant therein (Nayarambalam Service Co-operative Bank Ltd.-R1 herein), shall promote the plaintiff therein (R4 herein) as Junior Clerk w.e.f 01.12.2017 within two months and provide her all service benefits for all purposes in that regard and to regularize her service in the defendant-Bank accordingly.

4. The appellants contend that they have been appointed on direct recruitment basis to the service of the 1st respondent-Co-operative Bank on 30.04.2019, 02.05.2019 & 07.05.2019 respectively by resorting to the method of direct recruitment. Whereas, the 4th respondent herein has claimed promotion to the post of Junior Clerk on the basis of promotion.

5. The learned Single Judge after hearing both sides, has held that the proper remedy of the appellants for challenging Ext.P-2 Award is by approaching the Kerala State Co-operative Tribunal in terms of Sec.82 of the Kerala Co-operative Societies Act.

6. Sri.B.R.Muraleedharan, learned counsel appearing for the appellants would point out that no provisions have been made either in the Kerala Co-operative Societies Act or in the Rules framed thereunder, to enable parties like the appellants herein, who are third parties before the Arbitration Court to file an appeal before the Kerala Co-operative Tribunal, which is the appellate Forum and that therefore, they are compelled to resort to writ proceedings under Article 226 of the Constitution of India.

7. Per contra, Sri.K.S.Bharathan, learned counsel appearing for R4 herein would urge that the appellants cannot be said to be in any manner aggrieved by the promotion order to be granted in favour of R4 herein by the State Arbitration Court, as per Ext.P-2 Award, inasmuch as they have already secured appointment as Junior Clerk by the method of direct recruitment, whereas the claim of R4 herein was for promotion from the feeder category of Peon to the higher category of Junior Clerk, in the vacancy which had arisen on 31.10.2017, on account of a Junior Clerk being promoted as Senior Clerk. Sri.K.S.Bharathan, learned counsel appearing for R4 herein would also point out that the said incumbent, who was holding the post of Junior Clerk and subsequently promoted as Senior Clerk, had secured appointment as Junior Clerk by the method of promotion. Further that, promotion and direct recruitment are to be made in the ratio 1:4. Further that, the appellants herein cannot have any legally justiciable grievances as against the promotion claimed by the 4th respondent herein, etc. It is also pointed out by Sri.K.S.Bharathan, learned counsel appearing for R4 herein that R1 herein (Co-operative Society-employer) has already filed Appeal No.132/2021 before the State Co-operative Tribunal to impugn Ext.P-2 award.

8. After hearing both sides, we find that Sec.82 of the Kerala Co-operative Societies Act, enables any party who is aggrieved by the verdict of the Arbitration Cour