K M Upendran vs The Registrar Of Co-Operative ...
2022 Latest Caselaw 9960 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                          WP(C) NO. 23261 OF 2022
PETITIONER:

              K M UPENDRAN
              AGED 72 YEARS
              S/O. MADHAVAN (LATE), KARUTHANATTU HOUSE, PANANGAD P.O.,
              ERNAKULAM DISTRICT-682 506

              BY ADVS.
              T.R.HARIKUMAR
              ARJUN RAGHAVAN



RESPONDENTS:

     1        THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
              JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
              THIRUVANANTHAPURAM,PIN-695 014

     2        THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
              5TH FLOOR, NEW BLOCK, CIVIL STATION, KAKKANAD,
              ERNAKULAM,PIN-682 030

     3        THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
              (GENERAL), KANAYANNUR, VALANJAMBALAM, KOCHI,PIN-682 016

     4        THE BOARD OF DIRECTORS OF THE PERUMANOOR PEOPLES CO-
              OPERATIVE SOCIETY LTD NO.679,
              REPRESENTED BY ITS PRESIDENT, THEVARA P.O., KOCHI,PIN-682
              013

     5        THE PERUMANOOR PEOPLES CO-OPERATIVE SOCIETY LTD NO.679,
              REPRESENTED BY ITS SECRETARY, THEVARA P.O., KOCHI,PIN-682
              013

     6        THE KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD,
              REPRESENTED BY ITS SECRETARY, P.B.NO.85, KALA NIVAS,
              CHINMAYA LANE, KUNNUMPURAM, THIRUVANANTHAPURAM,PIN-695
              001
 WP(C) NO. 23261 OF 2022
                                      2

             BY ADVS.
             S.SUJIN
             M.SASINDRAN
             N.N.SUGUNAPALAN (SR.)
             NITA.N.S.
             B.BILWIN



OTHER PRESENT:

             SMT.PARVATHY K-GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.08.2022,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 23261 OF 2022
                                3

                          JUDGMENT

The petitioner alleges that, even in spite of Ext.P1

judgment having been obtained by him as early as on

04/03/2021, the 5th respondent - Perumanoor Peoples Co-

operative Society has not yet taken any steps to enrol him in

the Employees Pension Scheme, or to remit the necessary

contribution as per the same, to the 6 th respondent - Kerala

State Co-operative Employees' Pension Board (hereinafter

referred to as the "Pension Board" for short).

2. Sri.T.A.Harikumar - learned counsel appearing for the

petitioner, submitted that the action of the Society is in blatant

disregard to Ext.P1 judgment and that the "Pension Board" also

cannot shy away from their responsibilities, because they had

also been directed to intervene and ensure that the directions

therein are complied with. He, therefore, prayed that the 6 th

respondent - "Pension Board" be directed to take necessary

action against the Society under Clause 38 of the Pension WP(C) NO. 23261 OF 2022

Scheme, without any further delay.

3. In response, the learned Standing Counsel for the

"Pension Board" - Sri.M.Sasindran, submitted that his client's

jurisdiction will start only once the pension papers are

forwarded to them, along with necessary contribution, by the

Society. He, however, conceded that if the contribution is found

to be deficient or insufficient, then certainly the Pension Board

can take action under the afore Clauses and other applicable

provisions of the Pension Scheme.

4. Sri.S.Sujin - learned Standing Counsel for the 5 th

respondent - Society, submitted that Ext.P1 judgment has been

complied with by his client and that all action pursuant thereto

have been completed. He thus prayed that this Writ Petition be

dismissed.

5. Even when I hear Sri.Sujin on the afore lines, there is

nothing on record to show how the Society had complied with

Ext.P1 judgment. I also find favour with the submissions of WP(C) NO. 23261 OF 2022

Sri.M.Sasindran that it is only if the pension papers are

forwarded to the "Pension Board", can they take any further

action. However, since the petitioner asserts that the Society

has not complied with the directions in Ext.P1 nor have they

forwarded the necessary pension papers, along with the

contribution to the Pension Board, I am certain that this is a

matter which will have to seize the attention of the 2 nd

respondent - Joint Registrar of Co-operative Societies, without

further delay.

6. In fact, I must record that all the learned counsel for

the parties affirmed this and did not oppose it.

In the afore circumstances, I order this Writ Petition and

direct the 2nd respondent - Joint Registrar to hear the

petitioner, as also the 6th respondent and take a decision as to

the claim of the former for being enrolled in the pension

scheme with the 6th respondent - Pension Board, and also with

respect to the contribution to be made by the Society; thus WP(C) NO. 23261 OF 2022

resulting in an appropriate order and necessary action, as

expeditiously as is possible, but not later than two months from

the date of receipt of a copy of this judgment.

Needless to say, depending upon the decision to be taken

by the 2nd respondent - Joint Registrar, the petitioner will be at

liberty to approach the 6th respondent - "Pension Board", who

shall thereafter take necessary action, including under Clauses

37 and 38 of the Pension Scheme, as may be warranted in

future, so as to ensure that the petitioner obtains his pension,

along with arrears, if eligible, without any delay thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 23261 OF 2022

APPENDIX OF WP(C) 23261/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 04.03.2021 IN WPC NO.9457 OF 2011 OF THIS HON'BLE COURT.

Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 01.04.2021 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT SOCIETY.

Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 17.09.2021 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT SOCIETY.

Exhibit P4 A TRUE COPY OF THE COMMUNICATION NO.M11476/2021 DATED 10.01.2022 ISSUED BY THE 3RD RESPONDENT

Exhibit P5 A TRUE COPY OF THE FORWARDING LETTER ALONG WITH THE CALCULATION STATEMENT DATED 12.04.2022, SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT SOCIETY.