IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 10^TH DAY OF SEPTEMBER 2024 / 19TH BHADRA, 1946 WP(C) NO. 15851 OF 2024 PETITIONER/S:

P.K.RAGESH AGED 54 YEARS S/O GOVINDAN, RESIDING AT ‘SREE GOVINDAM”, CHALAD, KANNUR DISTRICT. ACCOUNTANT (PRESENT ID NO.01790 /OLD ID NO.350), KERALA STATE CO-OPERATIVE BANK LTD., MATTANNUR BRANCH, PIN - 670014 BY ADVS.

VIJU THOMAS M.MEENA JOHN RESPONDENTS:

1 KERAL STATE COPERATIVE BANK LTD KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, KANNUR. REPRESENTED BY THE GENERAL MANAGER, PIN -

670001

2 KERALA STATE COOPERATIVE BANK LTD KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANTHAPURAM.

REPRESENTED BY THE CHIEF GENERAL MANAGER,, PIN - 695033

3 ASSISTANT MANAGER, THE ASSISTANT MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., MATTANNUR BRANCH, MATTANNUR-, PIN - 670702 BY ADV M.SASINDRAN -SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is working as an Accountant in the Kerala State Co-operative Bank Ltd., at Mattannur branch. He has filed this writ petition aggrieved by the denial of promotion to the post of Assistant Manager. He states that promotion has been denied to him on political grounds.

2. The petitioner has got an effective efficacious alternate remedy before the Co- operative Arbitration Court under Section 69 (2) of the Kerala Co-operative Societies Act, 1969 (for short, ‘KCS Act’). In the light of the dictum laid down in Prakasini v. Joint Registrar [2006(1) KLT 199) and Raveendran v. State of Kerala [2007 (3) KLT 558], this writ petition is not maintainable. In Prakasini's case (supra), this Court has taken the view that inter se seniority between employees is to be decided by the Arbitration Court and not by the Joint Registrar under Rule 176 of the Kerala Co- operative Socieites Rules. Following the decision in Prakasini's case, the Division Bench, in Raveendran's case (supra), held that, in the light of section 69(2) (d) of the KCS Act, the dispute in connection with the employment of officers and servants of different classes of societies specified in sub-section (1) of section 80 including their promotion and inter-se seniority has to be decided by the Arbitration Court. This Court cannot be turned into a Court of first instance to adjudicate service disputes of employees of Co-

operative Societies. Accordingly, the writ petition is dismissed without prejudice to the right of the petitioner to avail any other remedy as may be available in law against the alleged denial of promotion.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-.

APPENDIX OF WP(C) 15851/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED

03/06/2022 Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED

20/07/22