Kerala High Court
Murali.P vs Kerala State Road Transport ... on 15 July, 2025
WA NO. 356 OF 2025
1 2025:KER:52293
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TH
TUESDAY, THE 15
DAY OF JULY 2025 / 24TH ASHADHA,
1947
WA NO. 356 OF 2025
AGAINST THE JUDGMENT DATED 23.01.2025 IN WP(C)
NO.23513 OF 2024 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
URALI.P
M
AGED 54 YEARS
S/O. PAZHANIYAPPAN CHETTIYAR, DRIVER, KSRTC,
ERNAKULAM DEPOT, RESIDING AT NO.11/289, MAIN ROAD,
(NEAR KSEB), CHITTUR, PALAKKAD DISTRICT,
PIN - 678101
Y ADVS.
B
SHRI.G.HARIHARAN
SMT.AFNA V.P.
SMT.B.R.SINDU
SMT.K.S.SMITHA
SRI.PRAVEEN.H.
SHRI.V.ROHITH
SRI.V.R.SANJEEV KUMAR
RESPONDENTS/RESPONDENTS:
1 ERALA STATE ROAD TRANSPORT CORPORATION K TRANSPORT BHAVAN, KIZHAKKE KOTTA THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING WA NO. 356 OF 2025 2 2025:KER:52293 DIRECTOR., PIN - 695001 2 ISTRICT TRANSPORT OFFICER D KERALA STATE ROAD TRANSPORT CORPORATION ERNAKULAM BUS DEPOT, RAJAJI ROAD, ERNAKULAM, PIN - 682035 3 ERALA STATE TRANSPORT WORKERS CO-OPERATIVE K SOCIETY LTD. NO.T133 SS COVIL ROAD, THAMPANNUR, THIRUVANANTHAPURAM - REPRESENTED BY ITS SECRETARY, PIN - 695001 4 RBITRATOR CUM SPECIAL SALE OFFICER A KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD. NO.T133, SS COVIL ROAD, THAMPANNUR, THIRUVANANTHAPURAM, PIN - 695001 Y ADV SRI.N.UNNIKRISHNAN B SRI.KALYANI KRISHNAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 356 OF 2025 3 2025:KER:52293 JUDGMENT Sushrut Arvind Dharmadhikari, J. Thisintra-courtappealunderSection5oftheKeralaHighCourtAct, 19058, assails the judgment passed by the learned Single Judge dated 23.01.2025 inW.P(C)No.23513of2024.Thepetitioner/appellanthasfiled the writ petition praying for the following reliefs: " (i)Issueawritofmandamusoranyotherappropriatewritororder commanding 1st respondent to effect payment of various amount deductedfromthepetitioner'ssalaryfromtheyear2019onwardstill date to be paid to the 3rd respondenttowardstheloanaccountof the petitioner with the 3rd respondent Bank. (ii) Issueawritofmandamusoranyotherappropriatewritororder commanding1strespondenttopaytheinterestaccruedintheloan accountofthepetitionerwiththe3rdrespondentsocietyonaccount of the default in repaying the loan amount due to be paid to the petitioner after deducting the loan installment from the petitioner's salary. (iii)Issueawritofmandamusoranyotherappropriatewritororder restraining the1strespondentfromdeductinganyamountfromthe salary of the petitioner to be paid to the 3rdrespondentinviewof the issuance of Exhibit.P18 communication sent by the 3rd respondent addressed to the 2nd respondent. (iv) Petitioner may be permitted to dispense with the filing of translation of the vernacular documents. and (v)TopasssuchordersorreliefsasthisHon'bleCourtdeemsfitin the interest of justice." 2. The learned Single Judge, vide the common judgment, passed the following order: " 1. The petitioners in these writ petitions are theemployeesofthe KeralaStateRoadTransportCorporation(KSRTC),holdingdifferent posts. The petitioners have obtained loans from different Cooperatives Societies and entered into tri-party agreements. The KSRTCisoneoftheconformingpartiesoftheagreementinasmuch as the KSRTC is under obligation to deduct the Equal Monthly WA NO. 356 OF 2025 4 2025:KER:52293 Installments (EMIs) of the employees and remit the same to the respective Societies from where the employees have obtainedthe loan. 2. It isnotdisputedthattheamountofEMIwasdeductedfromthe monthly salary of the petitioners, however, the same was not creditedtotherespectiveSocietiesbytheKSRTCagainsttheloans advanced to the petitioners. As a result, the Societies havelevied penal interest against the petitioners. 3. The learned Counsel appearing for the respondent Corporation submits that due to the financial constraints faced by the KSRTC, the amount deducted from the salaries of the petitioners towards paymentoftheregularEMIsoftheloansadvancedbythedifferent Co-operative Societies wasnotcreditedtotherespectiveSocieties and it was utilized by the KSRTC. He also does not dispute the liability of the KSRTC for payment of the EMIs in respect of the loans advanced to the petitioners for which the KSRTC has deducted EMIs from the monthly salary of the petitioners. The learnedCounselfortherespondentCorporationfurthersubmitsthat theKSRTCisindialoguewiththeSocietiestosettletheirduesand thepetitionersarenotliableforhigherinterestrate/penalinterestfor thedefaultscommittedbytheKSRTC.Ifanyliabilityisfastenedon the petitioners because of the higher rate ofinterest/penalinterest as theKSRTCdidnotremittheamounttotherespectiveSocieties after deducting the same from the salaries of the petitioners, the KSRTC will indemnify the petitioners and the KSRTC willbearthe burden for such higher rate of interest/penal interest. 4. Considering the aforesaid stand of the KSRTC, these writ petitions are hereby disposed of with direction to the KSRTC to settletheduesoftherespectiveCo-operativeSocietiesinrespectof the loans advanced to the petitioners for which the KSRTC has deducted the EMIs from the monthly salary of the petitioners.Any liabilityasaresultofhigherrateofinterest/penalinterestbecauseof nonpayment of regular EMIs shall be borne by the KSRTC alone." 3. The learned counsel for theappellantsubmittedthat,thoughthe writ petitions have been disposed of with a direction to the Kerala State Road Transport Corporation (KSRTC) to settletheduesoftherespective Co-operativeSocieties,theappellanthas,infact,paidanamountofRs.2 lakhs directly to the 3rd respondent - the Co-operative Society, on the basis of Ext. P17 award passed in arbitration proceedings. The learned WA NO. 356 OF 2025 5 2025:KER:52293 counsel for the appellant now prays that a direction be issued to the 1st respondent to refund to the appellant the amount already paid by the appellant directly to the 3rd respondent - the Co-operative Society. 4. The learned counsel appearing for the 1st respondent - KSRTC submittedthattheKSRTChasdeductedanamountofRs.2,24,000/-from the salary of the appellant. She further submitted that so far as the aforesaid amount is concerned, the same shall be paid to the Society alongwithinterestasdirectedbythelearnedSingleJudge.However,they would not be responsible to make the payment of the amount which the appellant had directly paid to the 3rd respondent. 5. Heard the learned counsel for the appellant and the learned counsel appearing for the respondents. 6. Since there is no adjudication in respect of the amount directly paid by the appellant to the 3rd respondent, the appellant would be at liberty to file a separate writ petition claiming the amount from the 3rd respondent. The 3rd respondent - Society would be at liberty to recover anyamount,ifany,foundunpaidsubsequentlyinaccordancewithlaw.All other issues are left open to be considered in appropriate proceedings. 7.ThejudgmentofthelearnedSingleJudgestandsmodifiedtothe extent indicated hereinabove. WA NO. 356 OF 2025 6 2025:KER:52293 With the aforesaid liberty, this writ appeal is disposed of. Sd/- SUSHRUT ARVIND DHARMADHIKARI JUDGE Sd/- SYAM KUMAR V.M. JUDGE MC/15.7 WA NO. 356 OF 2025 7 2025:KER:52293 APPENDIX OF WA 356/2025 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE INTERIMORDERDATED 14.08.2024 ISSUED BYTHIS HON'BLECOURT IN W.P.(C).NO.23513/2024 Annexure II A TRUE COPY OF THE SALARY SLIP DATED 13.02.2025 ISSUED BY THE 2ND RESPONDENT RESPONDENT ANNEXURES ANNEXURE-R3 (A) A true copy of Judgment dated 05.04.2002 in O.P.No. 37952/2001 ANNEXURE-R3 (B) A true copy of the Judgment dated 14.02.2007 in R.P. No. 119/2007 (A) in W.A. No. 2060/2006 Annexure R1(a) A true copy of the computation statement prepared from the official records of the 1st Respondent Annexure R1(b) A truecopy of thejudgment dated 23.01 2025 in WP.(C) No. 31214/2023, this Honourable Court