Kerala High Court
Ravi L vs State Of Kerala on 12 April, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 30082 OF 2019
PETITIONER:
RAVI L.,
AGED 59 YEARS,
S/O. LAKSHMANAN, RESIDING AT CC NO.8/1035-B,
KOCHERY PARAMBU, PRIYANKA NIVAS, R.G.PAI ROAD,
MATTANCHERY PO, ERNAKULAM DISTRICT,
KOCHI-682 002.
BY ADVS.
ANEESH JAMES
SMT.M.D.BEENA
SRI.JIJO THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF CO-OPERATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
JAGATHY, THYCADU, THIRUVANANTHAPURAM-695 014.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
CIVIL STATION, BLOCK-B, 5TH FLOOR, ERNAKULAM,
COCHIN-682 030.
4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL)
OCHANTHURUTH SERVICE CO-OPERATIVE BANK BUILDING,
MURUKKUMPADAM BRANCH, AZHEEKKAL PO, PIN-682 508.
5 KOCHIN CO-OPERATIVE SOCIETY LTD.
NO.E-100, LALAN ROAD, COCHIN-682 002,
REPRESENTED BY ITS SECRETARY.
WP(C) NO. 30082 OF 2019 -2-
6 THE SECRETARY
KOCHIN CO-OPERATIVE SOCIETY LTD., NO.E-100,
LALAN ROAD, COCHIN-682 002.
7 THE MANAGING COMMITTEE
KOCHIN CO-OPERATIVE SOCIETY LTD., NO.E-100,
LALAN ROAD, COCHIN-682 002, REPRESENTED BY THE
PRESIDENT.
BY ADVS.
SRI.P.GEORGE VARGHESE
SHRI. VIJEESH K.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W.P.(C) No.30082 of 2019
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Dated this the 12th day of April, 2024
J U D G M E N T
The writ petition is filed seeking action against respondents 6 and 7 in the light of Ext.P6 Circular No.44/2012 of the Registrar of the Co-operative Societies and a direction against them to pay an amount of ₹ 1,15,929/-(employer's contribution of pension) with interest.
2. The petitioner was an employee of the 5 th respondent Society. He retired from the services in June, 2017. After retirement his pension was not disbursed. On enquiry it was understood that pension could not be processed as the 5 th respondent-employer had defaulted payment of contribution of an amount of ₹ 1,15,929/-. Since the 5 th respondent failed to remit the amount in spite of requests in the said regard, to enable payment of pension, the petitioner on 24.10.2017 W.P.(C) No.30082 of 2019 -: 2 :- remitted the employer's outstanding contribution of ₹ 1,15,929/-. In spite of repeated requests, the 5 th respondent failed to pay the said amount to the petitioner.
3. Left with no other alternative, the petitioner filed Ext.P3 complaint before the Joint Registrar. The Joint Registrar passed Ext.P4 order dated 12.09.2018 wherein it was noticed that, the Society, instead of paying the contribution amount of ₹ 1,15,929/- payable to the petitioner, an amount of ₹ 3,54,611/- being the profit for the year 2016-17 was transferred to the building fund. As per Ext.P4, the Assistant Registrar cautioned the sixth respondent with regard to the coercive measures provided for under Circular No.44/12 and directed payment of the amount to the petitioner. Inspite of Ext.P4 order by the Assistant Registrar since no steps were taken by respondents 5 to 7 for payment of the amount to the petitioner, the petitioner filed W.P.(C) No.30082 of 2019 -: 3 :- Ext.P7 complaint before the Registrar of Co-operative Societies. On the directions of this Court in Ext.P8 judgment in WP(C) No.9145/2019 at the instance of the petitioner, the complaint of the petitioner was considered and Ext.P9 order was passed by the third respondent. However, Ext.P9 only directed the Managing Committee to take steps for payment of the amount to the petitioner. It is aggrieved thereby that the petitioner has approached this Court.
4. I have heard learned counsel on either side.
5. The fact that the 5th respondent Society failed to remit the Employer's Contribution of ₹ 1,15,929/- and that the petitioner was constrained to pay the same is not in dispute. The contention of respondents 5 to 7 is that the Society is not possessed of sufficient funds to reimburse the petitioner.
6. In Ext.P4 order dated 12.09.2018 the Assistant Registrar has noted that though the amount payable to W.P.(C) No.30082 of 2019 -: 4 :- the petitioner was only ₹ 1,15,929/- and as per the Audit Report 2016-17 the Society had a profit of ₹ 3,54,611/-, without paying off the liability the said amount was transferred to building fund. The direction in Ext.P4 to pay the amount to the petitioner was not complied with even in spite of Ext.P9 order of the Joint Registrar.
7. Exts.P4 and P9 orders referred to Circular No.44/2012 dated 19.11.2012 issued by the Registrar of Co-operative Societies, a copy of the Circular has been produced as Ext.P6. Clause-3 of the Circular reads thus:-
"(3) tað {]-Im-cw s]³-j³ tIm¬-{Sn-_q-j³ b-Ym-ka-
bw k-lI-c-W s]³-j³ t_mÀ-Unð A-S-hm-¡p-ó-Xnð hogv-N h-cp-¯p-ó ]-£w B-b-Xn-\v D-¯-c-hm-Zn-Ifm-b kw-Lw No-^v F-Iv-kn-Iyq-«o-hv/`-c-W-k-an-Xn Aw-K-§Ä F-ónh-sc A-tbm-Ky-cm-¡n A-h-cp-sS tað hy-àn-]-c-am- bn ]n-g Np-a-¯p-ó-XmWv."
W.P.(C) No.30082 of 2019-: 5 :- It provides for disqualification of the Chief Executive and the Managing Committee members. It also provides for imposing of penalty on them for non-payment of pension contribution in time.
8. Though the 5th respondent had filed appeal against Ext.P9 order before the Government in terms of Section 83 of the Co-operative Societies Act, it is reported that the same was dismissed as per order dated 14.08.2023. The amount remains unpaid. In the circumstances, there is no reason why action should not be taken against the Chief Executive and the Managing Committee members in terms of Clause-3 of Circular No.44/2012.
9. It is submitted across the bar that the very same Secretary and Managing committee who were in office during the period 2016-2017 are still holding office.
10. The amount of ₹ 1,15,929/- which was due as the employers' pension contribution and was paid by the W.P.(C) No.30082 of 2019 -: 6 :- petitioner is liable to be recovered from respondents 6 and 7 jointly and severally treating it as penalty and having it recovered through Revenue Recovery proceedings. So also steps are to be taken in terms of Clause-3 of Circular 44/2012 for their disqualification. The proceedings as above shall be taken to a logical conclusion within a period of three months from today. Petitioner to produce a copy of this judgment before respondents 2 to 4 to enable compliance with the directions. Writ petition is ordered as above.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge APPENDIX OF WP(C) 30082/2019 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE LETTER DATED 30.9.2017 ISSUED BY THE ADDITIONAL REGISTRAR/SECRETARY OF THE PENSION BOARD TO THE 5TH RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE COUNTERFOIL DATED 24.10.2017 OF THE ERNAKULAM DISTRICT CO- OPERATIVE BANK LTD., ERNAKULAM BRANCH, SHOWING THE REMITTANCE OF RS.1,15,929/- BY THE PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE COMPLAINT DATED 11.5.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 12.9.2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION DATED 12.10.2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE CIRCULAR NO.44/2012
DATED 19.11.2012 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 21.1.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 28.5.2019 IN WPC NO.9145 OF 2019.
EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 5.8.2019 ISSUED BY THE 3RD RESPONDENT.
RESPONDENT EXHIBITS EXHIBIT A TRUE PHOTOCOPY OF THE APPEAL DATED R6(a): 19/10/2019 BEFORE THE GOVERNMENT FILED BY THE 6TH RESPONDENT SOCIETY.
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