P S RAVENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Writ petition was preferred by the appellants herein seeking a writ of certiorari to quash Exts. P5 and P7 orders. Ext. P5 is the order passed by the Joint Registrar holding that the fourth respondent is senior to the petitioners in the cadre of Junior Clerk and is therefore entitled to all consequential benefits. Ext. P7 is an order passed by the Government confirming Ext. P5. Aggrieved by the same writ petition was preferred. Learned Single Judge disposed of the writ petition placing reliance on the decision of another learned Judge of this Court in Prakasini v. Joint Registrar, 2006 KHC 452 : 2006 (1) KLT 199 and took the view that; the remedy open to the writ petitioners is to approach Cooperative Arbitration Court. Aggrieved by the same this appeal has been preferred.

(2.) Contention was raised by the counsel for the appellants that a dispute with regard to seniority between the appellants and the fourth respondent is to be decided by Joint Registrar and not by the Arbitration Court. It was also stated that the second respondent has passed Ext. P5 order on a direction given by this Court in Ext. P1 judgment and that judgment has become final and therefore jurisdiction has been conferred on the Joint Registrar to decide the seniority dispute between the parties.

(3.) We are of the view, after the coming into force of Act 1 of 2000 with effect from 02/01/2003, the dispute in connection with the employment of officers and servants of different classes of societies specified in sub-section (1) of S.80 including their promotion and inter se seniority has to be decided by the Arbitration Court and not by the Joint Registrar or by the Government. The mere fact that this Court in a writ petition filed by the petitioners directed the Joint Registrar to decide the dispute cannot amount to conferring jurisdiction on the Joint Registrar to decide the dispute for which he has no jurisdiction. Judgment rendered by this Court would not confer any jurisdiction or authority on the Joint Registrar when legislature has conferred jurisdiction on the Arbitration Court. When this Court directs consideration of a matter by the Joint Registrar the Joint Registrar can deckle that matter only in accordance with law. Legislature has conferred jurisdiction on the Arbitration Court to decide the question of seniority and promotion and therefore the order passed by the Joint Registrar is without jurisdiction. Learned Single Judge has rightly allowed the writ petition and quashed the order passed by the Government confirming the order of the Joint Registrar.