WP(C) No.7589 of 2025 1 2025:KER:25877 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO.7589 OF 2025 PETITIONERS: 1 THE KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION, LTD NO.679 (COIRFED), P.B.NO. 4616, ALAPPUZHA,REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 670631 2 THE MANAGING COMMITTEE, KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD NO.679 (COIRFED), P.B.NO. 4616, ALAPPUZHA, REPRESENTED BY ITS PRESIDENT, PIN - 688612 3 THE GENERAL MANAGER, KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD NO.679 (COIRFED), P.B.NO. 4616, ALAPPUZHA, PIN - 688012 BY ADV P.C.SASIDHARAN RESPONDENTS: 1 V.VISWAKUMAR THAYYIL KIZHAKKETHIL HOUSE, PUTHUPALLY.P.O, KAYAMKULAM, ALAPPUZHA, PIN - 690572 2 R.GIREESAN NAIR, DOMESTIC ENQUIRY OFFICER, KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD NO.679 (COIRFED), RESIDING AT ANJITHAM, URUPOYKA, ATTINGAL, PIN - 695101 WP(C) No.7589 of 2025 2 2025:KER:25877 3 THE CO-OPERATIVE ARBITRATION COURT THIRUVANANTHAPURAM, REPRESENTED BY ITS PRESIDING OFFICER, PIN - 695001 BY ADVS. RATHEESH B GYOTHISH CHANDRAN(K/00117/2018) SANUJU R.(K/000135/2019) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.7589 of 2025 3 2025:KER:25877 JUDGMENT The 1st respondent, while working at the Rubberized Coir Products (RCP) Unit of the 1st petitioner, was placed under suspension on 16.04.2021 vide Ext.P1 alleging misconduct and in contemplation of an enquiry. Later, memo of charges and statement of allegation were issued to the 1st respondent and an Enquiring Officer was appointed to enquire into the charges. Challenging suspension and enquiry proceedings, the 1st respondent had filed ARC No.36 of 2022 before the Co-operative Arbitration Court, the 3rd respondent. While the enquiry was pending, the 1st respondent filed I.A.No.2 of 2022 in the ARC, claiming subsistence allowance. The 3rd respondent, vide Ext.P4, allowed the application and directed the petitioners to pay the 1st WP(C) No.7589 of 2025 4 2025:KER:25877 respondent subsistence allowance from 16.04.2021. Ext.P4 order is challenged in this writ petition on the ground that in view of the amendment brought out to Section 70A(2) of the Kerala Co-operative Societies (Amendment) Act, 2023 [for short, ‘the Act’] by Act 9 of 2024, the Arbitrator has no jurisdiction to pass an order in the nature of Ext.P4. 2. Heard Sri.P.C.Sasidharan, learned Counsel for the petitioner, Sri.B.Ratheesh, learned Counsel for the 1st respondent and the learned Government Pleader. 3. Section 70A(2) provides that Presiding Officer of the Arbitration Court shall be an Officer of and above the rank of a Munsiff- Magistrate of the judicial service. Pursuant to the amendment brought out to Section 70A(2) of WP(C) No.7589 of 2025 5 2025:KER:25877 the Act, the Government have appointed a Judicial Officer in the rank of a Senior Civil Judge as the Presiding Officer of the Arbitration Court. Since the incumbent in the Arbitration Court, who passed Ext.P4, was not an Officer of and above the rank of Munsiff- Magistrate as stipulated under Section 70A(2) of the Act, I am of the view that Ext.P4 order has been passed without jurisdiction. Therefore, there will be a direction to the Presiding Officer, appointed in terms of Section 70A(2) of the Act, to consider I.A.No.2 of 2022 in ARC No.36 of 2022 in accordance with law, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment. The petitioner/1st respondent shall produce a WP(C) No.7589 of 2025 6 2025:KER:25877 copy of this judgment, along with a copy of the writ petition, before the Presiding Officer, for due compliance. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/26/03/2025 WP(C) No.7589 of 2025 7 2025:KER:25877 APPENDIX OF WP(C) 7589/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SUSPENSION ORDER DATED 16/4/2021 Exhibit P2 THE TRUE COPY OF THE PLAINT IN ARC NO. 36/2022 Exhibit P3 THE TRUE COPY OF THE ORDER IN I.A.NO.1/2022 IN ARC NO.36/2022 DATED 2/7/2022 Exhibit P4 THE TRUE COPY OF THE INTERIM ORDER IN I.A.NO.2/2022 IN ARC NO.36/2022 DATED 11/6/2024