Kerala High Court
Sojan Chacko vs State Of Kerala on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 9th day of November 2021 / 18th Karthika, 1943
WA NO. 554 OF 2021
AGAINST JUDGMENT DATED 13.11.2019 IN WP(C) 13916/2019 OF THIS COURT.
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APPELLANT/PETITIONER:
SOJAN CHACKO, AGED 42, S/O.CHACKO,
THANNICKKAL HOUSE,THANKAMANY P.O.,
IDUKKI TALUK,IDUKKI DISTRICT-685609 NOW WORKING AS CLERK,
KAMBILIKANDOM BRANCH OF ERSTWHILE
IDUKKI DISTRICT CO-OPERATIVE BANK LTD.NO.4334.
BY ADVS.M/S.GEORGE MATHEW,M.D.SASIKUMAR,
SUNIL KUMAR A.G., DIPU JAMES,
K.T. MATHEW & K.V.GEORGE
RESPONDENTS/RESPONDENTS:
1.STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2.THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN,DPI JUNCTION,
THYCAUD,THIRUVANANTHAPURAM-695 014.
3.THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
PAINAVU,IDUKKI DISTRICT-685 603.
P.T.O.
4.THE IDUKKI DISTRICT MOTOR EMPLOYEES CO-OPERATIVE
SOCIETY LTD. NO.I-191,KATTAPPANA.P.O, KATTAPPANA,
IDUKKI TALUK AND IDUKKI DISTRICT-685 508,'
REPRESENTED BY ITS SECRETARY.
*5.THE ADMINISTRATOR,
IDUKKI DISTRICT MOTOR EMPLOYEES
CO-OPERATIVE SOCIETY LTD.NO.1-191,
KATTAPPANA P.O,KATTAPPANA,
IDUKKI TALUK AND IDUKKI DISTRICT-685508. *DELETED
6.THE SECRETARY,IDUKKI DISTRICT MOTOR EMPLOYEES
CO-OPERATIVE SOCIETY LTD.N.1-191,
KATTAPPANA.P.O, KATTAPPANA,
IDUKKI TALUK AND IDUKKI DISTRICT-685508.
*DELETED FROM THE PARTY ARRAY AS PER ORDER
DATED 22/10/2021 IN WA 554/2021.
BY SENIOR GOVERNMENT PLEADER FOR R1 TO R3.
ADV.P.C.SASIDHARAN FOR R4 & R6.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct respondents to disburse the actual gratuity due to the
petitioner based on his length of service and last drawn salary, pending
disposal of this Writ Appeal in the interest of justice.
This Writ Appeal coming on for orders on 09/11/2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
EXHIBIT P3 : TRUE COPY OF RELIEVING ORDER DTD.18.08.2014 ISSUED BY 4th
REPONDENT
ANNEXURE A1 : TRUE COPY OF ORDER NO.E.M.(I) 2684/2018 DTD.01.02.2020
ISSUED BY 2nd RESPONDENT
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
=========================================
W.A No.554 of 2021
[arising out of the judgment dated 13.11.2019 in W.P(C) No.13916/2019]
=========================================
Dated this the 09th day of November, 2021
ORDER
Sri.P.C.Sasidharan, learned counsel appearing for R4 & R6
Co-operative Society submits that, now it is reliably learnt that the total
number of employees in the said society is less than 10. Therefore, the
provisions of the Central Payment of Gratuity Act, 1972, will not apply to
the establishment of the 4th respondent-Co-operative Society, etc. and
seeks time to get detailed factual instructions in that regard and to file an
affidavit in the matter. Time granted. In that affidavit, R4 & R6 will
clearly state, as to the number of employees in the R4 Society as on the
date on which the appellant was relieved from service and also the total
number of sanctioned posts going by the approved staff strength of the
Co-operative Society, going by the provisions contained in the Kerala
Co-operative Societies Rules, etc., as on the date on which the appellant
was relieved from service (18.08.2014) [see Ext.P3 of the paper book of
the W.A]. So also, it should be stated as to whether the establishment of
the respondent Co-operative Society had at least 10 employees at any
time from its inception upto the date of relief of the appellant, as
envisaged in Sec.1(3A) of the Payment of Gratuity Act, 1972.
W.A No.554 of 2021
2. The 3rd respondent-Joint Registrar also will file a statement
or affidavit in this case through the learned Senior Government Pleader,
as to the matters covered by Annexure-A1 proceedings No.E.M.(I)
2684/2018 dated 01.02.2020 issued by the 2 nd respondent-Registrar of
Co-operative Societies and also as to the total number of employees on
the roll of the 4th respondent Co-operative Society as on the date of relief
of the appellant (18.08.2014) and also the approved staff strength of the
4th respondent-Society, as per the provisions contained in the Kerala
Co-operative Society Rules, as on 18.08.2014 and as to whether the
respondent Co-operative Society had on its rolls at least 10 employees at
any time for the period from its inception upto 18.08.2014, as envisaged
in Sec.1(3A) of the Payment of Gratuity Act, 1972, etc. Affidavit of R4
Co-operative Society and R3 Joint Registrar, shall be filed within
10 days.
List on 29/11/2021.
Hand Over Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
vgd
09-11-2021 /True Copy/ Assistant Registrar
