K.K.Usha vs State Of Kerala
2022 Latest Caselaw 6725 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

          TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944

                             WP(C) NO. 2332 OF 2021

PETITIONERS:

     1         K.K.USHA
               AGED 69 YEARS
               W/O. PEETHAMBARAN K.N., AISWARYA, GREEN PARK COLONY,
               THODUPUZHA, IDUKKI-685584.

     2         V.M. THOMAS
               AGED 69 YEARS
               S/O. MATHEW, VELLIMMOZHAYIL, KARIMKUNNAM, OTTALLOOR, IDUKKI
               DISTRICT-688586.

     3         N.K. DIVAKARAN PILLAI
               AGED 69 YEARS
               S/O. KRISHNA PILLAI, NELLANICKAL HOUSE, KAPPU, MADAKKATHANAM
               P., MUVATTUPUZHA-686670.

               BY ADVS.
               GEORGE MATHEW
               SRI.M.D.SASIKUMARAN
               SHRI.PRAVEEN S.
               SHRI.SUNIL KUMAR A.G
               SRI.DIPU JAMES
               SHRI.MATHEW K.T.
               SHRI.GEORGE K.V.



RESPONDENTS:

     1         STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

     2         THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
               JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD,
               THIRUVANANTHAPURAM-695014.

     3         THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
               OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, PAINAVU,
               IDUKKI DISTRICT-685603.

     4         THE THODUPUZHA CO-OPERATIVE BANK LIMITED,NO.394,
               REPRESENTED BY ITS GENERAL MANAGER, THODUPUZHA-685584.
 WP(C) NO. 2332 OF 2021

                                     2



     5      THE GENERAL MANAGER,
            THE THODUPUZHA URBAN CO-OPERATIVE BANK LIMITED NO.394,
            THODUPUZHA-685584.

     6      LIFE INSURANCE CORPORATION OF INDIA (LIC),
            JEEVAN JYOTHI,M DIVISIONAL OFFICE, M.G. ROAD, ERNAKULAM-682016,
            BY ITS SR. DIV. MANAGER.

            BY ADVS.
            SRI.S.EASWARAN
            SAJEEV KUMAR K.GOPAL



OTHER PRESENT:

            SMT. RESMI THOMAS - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.06.2022,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2332 OF 2021

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                             JUDGMENT

The petitioners, who have retired from the services of the 4 th

respondent - Co-operative Bank, submits that, while calculating their

pensionary benefits, including the Provident Fund and Gratuity, the

Bank has made a mistake, particularly because, under the applicable

Statute relating to Provident Fund, the number of working days for a

month is to be calculated as only 26. They say that, however, instead of

rectifying this, they have been now granted benefits on the wrong

calculation; and therefore, that they have preferred Ext.P8 series

requests for correction of the same before the 5 th respondent - General

Manager of the Bank. They thus pray that Ext.P8 be directed to be

taken up and disposed of, so as to lead to the correction of the errors,

within a time frame to be fixed by this Court.

2. The afore submissions of Sri.K.T.Mathew, learned council for

the petitioners were answered by the learned Standing Counsel for the

Bank - Sri.Sajeev Kumar Gopal, saying that no claims can now be

impelled by the petitioners, after they had obtained Ext.P7 judgment

from this Court. He added that the entire Gratuity obtained by the Bank

from the LIC, into the account of the petitioners, have also been

disbursed to them.

3. Even when I hear Sri.Sajeev Kumar Gopal as afore, the fact

remains that the petitioners are projecting a grievance that the

calculation of their reitral benefits were not properly made by the Bank. WP(C) NO. 2332 OF 2021

4. Certainly, therefore, I am of the view that Ext.P8 will require

to be considered by the 5th respondent appropriately; so that if the

petitioners are still not satisfied, they can invoke their alternative

statutory remedy of approaching the competent Arbitrator/Arbitration

Court under Section 69 of the Kerala Co-operative Societies Act ('KCS

Act' for short).

Resultantly, I order this writ petition to the limited extent of

directing the 5th respondent to take up Ext.P8 series and to dispose of

the same, after affording an opportunity of being heard to the

petitioners; thus culminating in an appropriate order and necessary

action thereon, as expeditiously as is possible but not later than three

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

I clarify that, if, after the afore exercise, any amounts are due to

the petitioners, the same shall be disbursed to them within a period of

one month thereafter.

It also goes without saying that if the petitioners have any further

grievance even after the afore resultant proceedings or against it, they

are at liberty to approach the competent Arbitrator under Section 69 of

the 'KCS Act', for which purpose, all their contentions are left open.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 2332 OF 2021

APPENDIX OF WP(C) 2332/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF MASTER POLICY NO. 45440 DATED 01/06/1983 ISSUED BY 6TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF APPLICATION DATED 05/05/2009 SUBMITTED BY 1ST PETITIONER TO 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF APPLIATION DATED 07/08/2009 SUBMITTED BY 2ND PETITIONER TO 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 15/07/2009 SUBMITTED BY 3RD PETITIONER TO 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 16/09/2009 SUBMITTED BY 1ST PETITIONER TO 4TH RESPONDENT.

EXHIBIT P5(A) TRUE COPY OF REPRESENTATION DATED 16/09/2009 SUBMITTED BY 2ND PETITIONER TO 4TH RESPONDENT.

EXHIBIT P5(B) TRUE COPY OF REPRESENTATION DATED 16/09/2009 SUBMITTED BY 3RD PETITIONER TO 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 16/10/2017 IN WPC NO.

12395/2010.

EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 13/12/2018 IN WA NO.2083/2018.

EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 31/10/2020 SUBMITTED BY 1ST PETITIONER TO 4TH RESPONDENT.

EXHIBIT P8(A) TRUE COPY OF REPRESENTATION DATED 31/10/2020 SUBMITTED BY 2ND PETITIONER TO 4TH RESPONDENT.

EXHIBIT P8(B) TRUE COPY OF REPRESENTATION DATED 31/10/2020 SUBMITTED BY2ND PETITIONER TO 4TH RESPONDENT.

RESPONDENT EXHIBITS

EXHIBIT R6(a) TRUE COPY OF CONSENT LETTER DATED 12.07.2010 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT R6(b) TRUE COPY OF THE LETTER DATED 03.05.2018 ALONG WITH THE BOARD RESOLUTION FOR INCREASING THE GRATUITY WP(C) NO. 2332 OF 2021

CEILING FROM 10 LAKHS TO 20 LAKHS ISSUED BY THE 4TH RESPONDENT.

EXHIBIT R6(c) TRUE C0PY OF PAYMENT VOUCHER DATED 17.06.2009 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT R6(d) TRUE COPY OF DISCHARGE RECEIPT DATED 22.06.2009 SIGNED AND RETURNED BY THE 4TH RESPONDENT TOWARDS THE GRATUITY SETTLEMENT OF THE 1ST PETITIONER.

EXHIBIT R6(e) TRUE COPY OF PAYMENT VOUCHER DATED 31.08.2009 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT R6(f) TRUE COPY OF DISCHARGE RECEIPT DATED 15.09.2009 SIGNED AND RETURNED BY THE 4TH RESPONDENT TOWARDS THE GRATUITY SETTLEMENT OF THE 2ND PETITIONER.

EXHIBIT R6(g) TRUE COPY OF PAYMENT VOUCHER DATED 11.08.2009 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT R6(h) TRUE COPY OF DISCHARGE RECEIPT DATED 19.08.2009 SIGNED AND RETURNED BY THE 4TH RESPONDENT TOWARDS THE GRATUITY SETTLEMENT OF THE 3RD PETITIONER.