A.Sathyamoorthy vs Palakkad District Co-Operative ...
2021 Latest Caselaw 23756 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
       Tuesday, the 30th day of November 2021 / 9th Agrahayana, 1943
                            WA NO. 1273 OF 2021

   AGAINST JUDGMENT DATED 17-12-2020 IN WP(C) 16011/2014 OF THIS COURT.

                                      ---

APPELLANT/3RD RESPONDNET:

  A.SATHYAMOORTHY (SENIOR MANAGER RETD), 31/567, DURGA NIVAS,

  RAJESWARY STREET, PALAKKAD-PIN - 678014.

BY ADVS.M/S. T.R.HARIKUMAR &     ARJUN RAGHAVAN

RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2:

1.PALAKKAD DISTRICT CO-OPERATIVE BANK,

  REPRESENTED BY ITS GENERAL MANAGER (IN - CHARGE),

  H.P.O ROAD, PALAKKAD - PIN - 678014,

  (PRESENTLY,KERALA STATE CO-OPERATIVE BANK LTD,

  REPRESENTED BY ITS GENERAL MANAGER, COBANK TOWERS,

  PALAYAM, THIRUVANANTHAPURAM, PIN - 695033.

2.STATE OF KERALA REPRESENTED BY ITS SECRETARY, CO-OPERATION DEPARTMENT,

  SECRETARIAT, THIRUVANANTHAPURAM - 695001.

3.REGISTRAR OF CO-OPERATIVE SOCIETIES.

  THIRUVANANTHAPURAM - 695001.

BY ADV.SRI.M.SASINDRAN FOR R1.


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 17-12-2020 in WP(C) No.16011
of 2014 of this Hon'ble Court, pending disposal of the writ appeal.


     This Writ Appeal coming on for orders on 30/11/2021 upon perusing
the appeal memorandum, the court on the same day passed the following:


                                                                       P.T.O.
                  ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
                 ===================================
                                       WA.No.1273/2021
             (arising out of the judgment dated 17.12.2020 in WP(C) No.16011 of 2014)
             =========================================
                  Dated this the 30th day of November, 2021

                                           ORDER

Sri.T.R.Harikumar, learned counsel appearing for the appellant seeks

short time to file reply to the statement dated 04.11.2021 filed on behalf of R1 in

this appeal. Time by two weeks granted.

2. Both sides may apprise this Court as to whether the 2 nd proviso to

Rule 59 of the Kerala Co-opeartive Societies Act which has been engrafted only

with effect from 02.11.2010, is applicable in the present case, inasmuch as the

appellant had retired from service on 31.07.2006 and if the 2nd prioviso to Rule

59 does not apply, how the computation of gratuity is to be made in the case of

the present appellant, going by the prescription in the then sole proviso to Rule

59, which is the present first proviso to Rule 59. Calculation statement on that

basis should be submitted by both sides well before the next posting date.

List the case on 15.12.2021.

sd/-

ALEXANDER THOMAS JUDGE

sd/-

VIJU ABRAHAM JUDGE Nsd

30-11-2021 /True Copy/ Assistant Registrar