IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 27th day of May 2022 / 6th Jyaishta, 1944
WA NO. 597 OF 2022
AGAINST JUDGMENT DATED 09.08.2021 IN WP(C) 31066/2013 OF THIS COURT
---
APPELLANTS/RESPONDENT NOS. 1 & 2 IN WPC & REVIEW PETITIONERS IN RP NO.57/2022:
1. KANJIRAPPALLY SERVICE CO-OPERATIVE BANK NO.2061, PO BOX NO.2,
KANJIRAPPALLY, KOTTAYAM, REP BY ITS SECRETARY. 686506.
2. COMMITTEE OF THE KANJIRAPPLLY SERVICE COOPERATIVE BANK LTD, NO 2061,
P.O.BOX NO.2, KANJIRAPALLY, KOTTAYAM, REP BY ITS PRESIDENT 686506.
BY ADV.SRI.P.C.SASIDHARAN
RESPONDENTS/PETITIONER & RESPONDENT NOS.3 TO 5/RESPONDENTS IN RP NO.57/2022:
1. RAJAN A.MATHEW,S S/O. (LATE) DAVIS MATHEW, AGED 66 YEARS, 45/2159C,
KARSHAKA ROAD, VADUTHALA P.O, KOCHI-682023.
2. THE CO-OPERATIVE ARBITRATION COURT, TRIVANDRUM- 695024 REP BY ITS
SECRETARY.
3. THE KERALA CO-OPERATIVE TRIBUNAL, TRIVANDRUM 695014, REP BY ITS
SECRETARY.
4. THE STATE OF KERALA, REP BY ITS SECRETARY TO CO-OPERATION,
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
BY ADV.SRI.JOHNSON MATHEW MANAYANI FOR R1.
SENIOR GOVERNMENT PLEADER FOR R4.
This Writ Appeal coming on for orders on 27/05/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
=================================
WA No.597 of 2022
[arising out of the impugned judgment dated 09.08.2021
in WP(C) No.31066/2013 and the impugned final order in RP No.57/2022]
=================================
Dated this the 27th day of May, 2022
ORDER
Sri.Johnson Mathew Manayani, learned counsel for the writ petitioner/1st respondent in the writ appeal, would submit that the party has filed counter affidavit dated 26.05.2022. The said counter affidavit is not seen part of the record. The Registry will ensure that the same is immediately placed on record.
2. Further, Sri.Johnson Mathew Manayani, learned counsel for the writ petitioner/1st respondent in the writ appeal, would submit that the gratuity amounts, even otherwise payable to the writ petitioner, have not been disbursed to him and even there are disputes regarding the payment of the due of provident fund amounts. Further, it is submitted that, though Section 80A of the Co-operative Societies Act has come into force only on 20.08.1993, the Kerala Cooperative Employees Self Financing Pension Scheme, 1994, has been notified only on 14.03.1995.
3. Section 80A(1A) of the Co-operative Societies Act stipulates that the Self Financing Pension Scheme framed under sub-section (1) thereof WA No.597 of 2022 2 may also provide for payment of pension from the pension fund at such rates and subject to such conditions and restrictions, as may be specified therein, to persons, who retired from service of any society during the period from 01.01.1974 to 03.06.1993 and are alive, and that the specific provisions have also been made in para 38A of the Co-operative Societies Employees Self Financing Pension Scheme, 1994. However, it is seen that the specific plea put forward by the appellant Co-operative Society is that the provident fund amounts due to the petitioner under the Scheme relatable to the Central EPF Act have already been received by the writ petitioner, and therefore, these aspects cannot be raised at this distance of time inasmuch as the compulsory retirement has been imposed on the writ petitioner with effect from 14.05.1990.
4. Prima facie, we feel that the plea made by the appellant employee, regarding the payment of gratuity and the claim now put forward in terms of Section 80A(1A) of the Co-operative Societies Act and para 38A of the Co-operative Societies Employees Self Financing Pension Scheme, 1994, may have to be examined. If it is so, as it is urged by the respondents herein that even if an employee, who has suffered the punishment of compulsory retirement, is still eligible to be considered for the grant of compassionate allowance in terms of Clause (2) of para 18 of the above said Pension Scheme. But, we note that the Kerala Co-operative Employees Pension Board, which is a statutory regulatory body in terms of the Pension Scheme, has not been WA No.597 of 2022 3 impleaded in this writ appeal, which was filed by the respondents 1 & 2 in the writ petition. However, we would request Sri.M.Saseendran, learned Standing Counsel for the Co-operative Employees Pension Board, to assist the State in the matter regarding the provisions in the Scheme to the extent it is applicable for employees, who have retired during the period from 01.01.1974 to 03.06.1993.
5. Sri.Johnson Mathew Manayani, learned counsel for the writ petitioner/1st respondent in the writ appeal, assures that he would a give copy of the memorandum of this writ appeal with all Annexures to Sri.M.Saseendran, learned Standing Counsel for the Co-operative Employees Pension Board today itself.
6. The Registry will show the name of Sri.M.Saseendran, learned Standing Counsel for the Co-operative Employees Pension Board, in the cause list.
List the case on 10.06.2022 in the admission list. Hand Over Sd/-
ALEXANDER THOMAS JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE bka/-
27-05-2022 /True Copy/ Assistant Registrar