AJI RAJ Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioners have approached this Court seeking a direction to the respondents 1 to 3 to effect promotion to the petitioners as Assistant Manager (P&I) in preference over 6th respondent with all consequential benefits and also for a direction commanding the said respondents to refrain from regularising the promotions overlooking the claim of the petitioners.

(2.) I have heard Sri V. Sajith Kumar, the learned counsel appearing for the petitioners and Sri K.P. Harish, the learned Senior Government Pleader.

(3.) Section 69(2)(d) of the Co-operative Societies Act provides that any dispute arising in connection with employment of officers and servant of the different class of societies specified in sub section (1) of Section 80 including their promotion and inter se seniority are to be decided by the Cooperative Arbitration Court. Section 69 of the Act also excludes the jurisdiction of any Court or authority to deal with a dispute as is referred to in that section. Though in exceptional circumstances, a writ can be entertained despite there being an equally efficacious remedy, the petitioners have not been able to show that any such circumstance exists, warranting interference. At any rate, a writ petition in respect of the service matters of the Co-operative Society cannot be entertained by this Court in these proceedings under Article 226 of the Constitution of India.