SOMAKUMARAN Vs. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioner is a retired employee of the second respondent society. The grievance of the petitioner in the writ petition concerns the inaction on the part of the second respondent in disbursing the gratuity payable to him. The petitioner seeks directions to the second respondent to disburse the gratuity payable to him with interest.

(2.) A counter affidavit has been filed by the second respondent. The stand taken by the second respondent in the counter affidavit is that loss has been caused by the petitioner to the society while working as its Secretary and consequently, the gratuity payable to the petitioner has been adjusted towards the loss. It is also contended by the second respondent that the writ petition is not maintainable as the petitioner has an effective alternative remedy by way of an application before the Co-operative Arbitration Court constituted under Section 70A of the Kerala Co-operative Societies Act (the Act) for redressal of the grievance voiced in the writ petition.

(3.) Heard the learned counsel for the petitioner as also the learned counsel for the second respondent.