P.B.Vijayakumar vs Pala Marketing Co-Operative ...
2022 Latest Caselaw 9238 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                       WP(C) NO. 20480 OF 2022
PETITIONERS:

 1 P.B.VIJAYAKUMAR,
   AGED 67 YEARS
   PALLIPPURATH HOUSE, PANTHALA, MUTHOLI P.O 686 575.

 2 K.J. FRANCIS,
   KANDAPATH (H), MEVADA, PALA 686 573.

 3 V.K. MOLLY,
   KOLLALALPPARA, KIDANGOOR P.O, KOTTAYAM 686 572.

 4 ALICE KURIAN,
   VATTAKOTTAYIL, AYARKUNNAM P.O, KOTTAYAM 686 564.

 5 THAMPI GEORGE,
   PAZHAYAMPALLIL, PADINJATTINKARA, KADAPLAMATTOM P.O- 686 571.

 6 K.R. RAJEVE KUMAR,
   REMYA (H), PONADU, KAROOR P.O, 686 590.

 7 M.N. SASIKUMAR,
   MANIMALA (H), RAMAPURAM BAZAR P.O, KOTTAYAM 686 590.

 8 M.T. GOPALAKRISHNAN,
   MARUTHANANDACKAL (H), EDANAD P.O 686 574.

 9 V.J. KURIAKOSE,
   VATTAKOTTAYIL (H), PULIYANNOOR P.O, PALA- 686 573.

10 JOHNCY JOSEPH,
   THARAYIL (H), PULIYANOOR P.O, PALA- 686 573.

11 K.J. THOMAS,
   KADALYIL (H), NECHIPUZHUR P.O, PALA- 686 574.

12 M.A. AUGUSTIN,
 WP(C) NO. 20480 OF 2022
                              2

   MADATHOTHIL (H), CHAKKAMPUZHA P.O, PALA- 686 574.

13 BABU JOSEPH,
   KURIATH (H), EDANADU P.O, PALA- 686 574.

14 SINNY JOSEPH,
   MAMMOOTIL (H), EZHACHERIYIL P.O, PALA- 686574.

15 JOY THOMAS,
   PERUMPUZHANIRAPPEL (H), PULIYANNOOR P.O, PALA- 686 573.

16 PAUL MATHEW,
   PANTHALANIYIL, VELLIYEPPILLY P.O, PALA 686 576.

17 N.K. LUKOSE,
   NALLOOKUNNEL, PULIYANOOR P.O, PALA- 686 573.

18 CHERIYAN M.M,
   MADATHIL, MUTHOLY P.O, PALA 686 573.

19 BALACHANDRAN K.G,
   KANJIRATHUNKEL, PULIYANOOR P.O 686 573.

20 M.R. NIMILAKISHAN,
   MUNDAKKAL, MUTHOLY P.O, PALA 686 573.

21 JOSEPH THOMAS,
   MADATHIL, ULLANADU P.O, PALA-686 651

22 V.N. MOHANAN,
   VELAMMAKKAL, VELAVOOR P.O, PALA 686 635.

23 MATHEW A.A,
   IYIKKARA THEKKETHIL, PULIYANNOOR P.O, PALA 686 573.

24 K.N. MOHANDAS,
   KUMMANNADATH, CHERPPUNKAL, KOTTAYAM 686 584.

25 B. MURALEEDHARAN,
   SHASTHAMPADAVIL, CHAKKAMPUZHA P.O, PALA 686 574.

26 JOSEPH DOMINIC,
 WP(C) NO. 20480 OF 2022
                              3

   ILAMBALAKKATTU, KOZHUVAMKULAM P.O, PALA 686 584.

27 BABY JOSEPH,
   ADAPPASSERIL, KOZHUVAMKULAM P.O, PALA-686 584

28 P.A. VARKEY ,
   KOLLIYIL, RAMAPURAM BAZAR P.O, PALA 686 576.

29 JOY JACOB,
   ADAPPACHERIYIL, CHEMPILAVUPO, PALA- 686 584.

   BY ADVS.
   DEEPU THANKAN
   UMMUL FIDA
   LAKSHMI SREEDHAR
   R.RAJANANDINI MENON
   SHAHNAS K.P




   RESPONDENTS:

    1. PALA MARKETING CO-OPERATIVE SOCIETY LTD NO. 4214,
       CHETHIMATTOM P.O, P.B. NO. 33, PALA, 686 575, KOTTAYAM
       DISTRICT, REPRESENTED BY ITS SECRETARY/MANAGING DIRECTOR
       IN CHARGE.

    2. THE DIRECTOR BOARD,
       PALA MARKETING CO-OPERTIVE SOCIETY LTD. NO. 4214,
       CHETHIMATTOM P.O, P.B. NO. 33, PALA 686 575, KOTTAYAM
       DISTRICT, REPRESENTED BY ITS PRESIDENT.

    3. EMPLOYEES WELFARE FUND TRUST,
       PALA MARKETING CO-OPERATIVE SOCIETY LTD. NO. 4214,
       CHETHIMATTAM P.O, ERATTUPETTA ROAD, PALA- 686 575,
       REPRESENTED BY ITS MANAGING TRUSTEE.

    4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
       CIVIL LINE, COLLECTORATE P.O, KOTTAYAM DISTRICT, 686 001.
 WP(C) NO. 20480 OF 2022
                                  4

                BY ADV P.N.MOHANAN
                C.P.SABARI


   THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
   10.08.2022,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
   FOLLOWING:
 WP(C) NO. 20480 OF 2022
                                   5

                          JUDGMENT

The petitioners are stated to have superannuated from the

services of the 1st respondent - Pala Marketing Co-operative

Society Limited (hereinafter referred to as the "Society" for

short) on various dates; and say that, while they were in

service, they were enrolled as members of the 3 rd respondent -

Employees Welfare Fund Trust (hereinafter referred to as the

"Trust" for short), which is constituted in terms of Ext.P4 Trust

Deed. They say that remittances were made from their

salaries into the "Trust"; and that towards repayment of the

same, they were issued with Fixed Deposit Receipts - copies of

which have been produced as Exts.P5 to P33. They assert that

even though the Fixed Deposits have attained maturity, 3 rd

respondent is refusing to make payment of the same to them;

and thus pray that they be directed to do so, within a time

frame to be fixed by this Court.

2. Smt.Ummul Fida - learned counsel appearing for the WP(C) NO. 20480 OF 2022

petitioners, further argued that the 3rd respondent - Trust is

managed by the office bearers of the Society and hence that it

is an unavoidable liability in this matter. She argued that,

therefore, respondents 1 and 2 also should be held responsible

to honour her clients' claims, arguing that it was the Society

which had effected compulsory deductions from the employees'

salaries and remitted into the "Trust". She thus reiteratingly

prayed that the reliefs sought for in this Writ Petition be

granted.

3. Sri.C.P.Sabari - learned counsel appearing for

respondents 1 and 2, conceded that the Managing Director,

Secretary and the Treasurer of the 1st respondent - Society are

the office bearers of the 3rd respondent - Trust. He, however,

contented that this does not mean that the 1 st respondent -

Society and the 3rd respondent - Trust are the same; and that

they are, in fact, distinct and independent entities, though

being managed by the same office bearers. He submitted that,

therefore, he does not stand in the way of any appropriate WP(C) NO. 20480 OF 2022

orders being issued by this Court against the "Trust"; however,

praying that no such be issued against the 1 st and 2nd

respondents.

4. I notice from the files that even though summons

have been validly served on the 3rd respondent - Trust, they

have chosen not to be present in person or to be represented

through counsel; thus inferentially guiding me to the

impression that they have nothing to offer in answer to the

claims and allegations made by the petitioners in this writ

petition.

5. I have examined Exts.P5 to P33 and they, prima

facie, appear to be Fixed Deposit Receipts issued by the 3 rd

respondent - "Trust". Since the said "Trust" is being managed

by the office bearers of the 1st respondent - Society, I am

certain that this Court will be justified in directing them to

consider the petitioners' claims and to honour the Fixed

Deposits without any further delay. WP(C) NO. 20480 OF 2022

6. I, however, clarify if this does not mean that this

Court has declared that 1st and 3rd respondents are the same,

but that since both of them are being managed by the same

office bearers, their responsibility in this matter cannot be

shied away from.

Resultantly, I order this Writ Petition and direct the

competent Authority of the 3rd respondent to ensure that all

amounts due to the petitioners, covered by Exts.P5 to P33 -

subject to its verification of authenticity - be made and

completed as expeditiously as is possible, but not later than

four months from the date of receipt of a copy of this judgment

with eligible accrued interest.

If, for any reason, the afore directions are not complied

with by the 3rd respondent, then the 4th respondent - Joint

Registrar of Co-operative Societies will cause an investigation

into the 3rd respondent - Trust; and during such process, he

will also be entitled to verify whether the 1 st respondent - WP(C) NO. 20480 OF 2022

Society has any role to play in honouring the claims of the

petitioners. If it becomes necessary to cause an investigation

as afore, it shall be completed within a period of four months

from the expiry of the date afore fixed for the 3 rd respondent to

honour the claims of the petitioners.

To paraphrase, the 4th respondent will be obligated to

employ the doctrine of "lifting of the veil" to verify whether

there is any synergy between the 1st respondent - Society and

the 3rd respondent - Trust, particularly taking note of the

submissions of Smt.Ummul Fida - learned counsel for the

petitioners, that the remittances from her clients were made by

the Society and paid to the Trust as compulsory remittances,

based on Ext.P4 Trust Deed.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 20480 OF 2022

APPENDIX OF WP(C) 20480/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALARY SLIP OF THE FIRST PETITIONER FOR THE MONTH OF JUNE AND AUGUST 2013.

Exhibit P2 TRUE COPY OF THE SALARY SLIP OF THE 6TH PETITIONER FOR THE MONTH OF SEPTEMBER 2015.

Exhibit P3 TRUE COPY OF THE SALARY SLIP OF THE 14TH PETITIONER.

Exhibit P4 TRUE COPY OF THE MEMORANDUM GOVERNING THE EMPLOYEE'S WELFARE FUND TRUST OF THE FIRST RESPONDENT SOCIETY.

Exhibit P5 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 30.09.2013 ISSUED TO FIRST PETITIONER.

Exhibit P6 TRUE COPY OF THE FIXED DEPOSIT DATED 1.11.2015 ISSUED TO SECOND PETITIONER.

Exhibit P7 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 1.08.2015 ISSUED TO THIRD PETITIONER.

Exhibit P8 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 1.11.2015 ISSUED TO FOURTH PETITIONER.

Exhibit P9 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO FIFTH PETITIONER.

Exhibit P10 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 12.11.2015 ISSUED TO SIXTH PETITIONER.

WP(C) NO. 20480 OF 2022

Exhibit P11 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 01.08.2015 ISSUED TO SEVENTH PETITIONER.

Exhibit P12 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 01.01.2014 ISSUED TO EIGHT PETITIONER.

Exhibit P13 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 1.11.2015 ISSUED TO NINTH PETITIONER.

Exhibit P14 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO TENTH PETITIONER.

Exhibit P15 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 1.11.2015 ISSUED TO ELEVENTH PETITIONER.

Exhibit P16 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO TWELFTH PETITIONER.

Exhibit P17 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO THRITEENTH PETITIONER.

Exhibit P18 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO FOURTEENTH PETITIONER.

Exhibit P19 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO FIFTEENTH PETITIONER.

Exhibit P20 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 1.11.2015 ISSUED TO SIXTEENTH PETITIONER.

Exhibit P21 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO SEVENTEENTH WP(C) NO. 20480 OF 2022

PETITIONER.

Exhibit P22 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 1.11.2015 ISSUED TO EIGHTEENTH PETITIONER.

Exhibit P23 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO NINETEENTH PETITIONER.

Exhibit P24 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO TWENTIETH PETITIONER.

Exhibit P25 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO TWENTY ONE PETITIONER.

Exhibit P26 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 1.11.2015 ISSUED TO TWENTY TO PETITIONER.

Exhibit P27 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 1.11.2015 ISSUED TO TWENTY THIRD PETITIONER.

Exhibit P28 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO TWENTY FOURTH PETITIONER.

Exhibit P29 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO TWENTY FIFTH PETITIONER.

Exhibit P30 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO TWENTY SIXTH PETITIONER.

Exhibit P31 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 1.11.2015 ISSUED TO TWENTY SEVENTH PETITIONER.

WP(C) NO. 20480 OF 2022

Exhibit P32 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO TWENTY EIGHTH PETITIONER.

Exhibit P33 TRUE COPY OF THE FIXED DEPOSIT RECEIPT DATED 15.03.2018 ISSUED TO TWENTY NINTH PETITIONER.

Exhibit P34 TRUE COPY OF THE REQUEST DATED 24.05.2016 MADE BY THE FIRST PETITIONER.