Kanjirappally Service ... vs Rajan A.Mathews
2022 Latest Caselaw 5693 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
              THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
           Friday, the 27th day of May 2022 / 6th Jyaishta, 1944
                             WA NO. 597 OF 2022

    AGAINST JUDGMENT DATED 09.08.2021 IN WP(C) 31066/2013 OF THIS COURT

                                    ---

APPELLANTS/RESPONDENT NOS. 1 & 2 IN WPC & REVIEW PETITIONERS IN RP NO.57/2022:

  1. KANJIRAPPALLY SERVICE CO-OPERATIVE BANK NO.2061, PO BOX NO.2,
     KANJIRAPPALLY, KOTTAYAM, REP BY ITS SECRETARY. 686506.
  2. COMMITTEE OF THE KANJIRAPPLLY SERVICE COOPERATIVE BANK LTD, NO 2061,
     P.O.BOX NO.2, KANJIRAPALLY, KOTTAYAM, REP BY ITS PRESIDENT 686506.

BY ADV.SRI.P.C.SASIDHARAN

RESPONDENTS/PETITIONER & RESPONDENT NOS.3 TO 5/RESPONDENTS IN RP NO.57/2022:

  1. RAJAN A.MATHEW,S S/O. (LATE) DAVIS MATHEW, AGED 66 YEARS, 45/2159C,
     KARSHAKA ROAD, VADUTHALA P.O, KOCHI-682023.
  2. THE CO-OPERATIVE ARBITRATION COURT, TRIVANDRUM- 695024 REP BY ITS
     SECRETARY.
  3. THE KERALA CO-OPERATIVE TRIBUNAL, TRIVANDRUM 695014, REP BY ITS
     SECRETARY.
  4. THE STATE OF KERALA, REP BY ITS SECRETARY TO CO-OPERATION,
     SECRETARIAT, THIRUVANANTHAPURAM 695 001.

BY ADV.SRI.JOHNSON MATHEW MANAYANI FOR R1.

SENIOR GOVERNMENT PLEADER FOR R4.

     This Writ Appeal coming on for orders on 27/05/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                    P.T.O.
 ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
           =================================
                        WA No.597 of 2022
          [arising out of the impugned judgment dated 09.08.2021
   in WP(C) No.31066/2013 and the impugned final order in RP No.57/2022]
           =================================
                    Dated this the 27th day of May, 2022


                                ORDER

Sri.Johnson Mathew Manayani, learned counsel for the writ

petitioner/1st respondent in the writ appeal, would submit that the party has

filed counter affidavit dated 26.05.2022. The said counter affidavit is not

seen part of the record. The Registry will ensure that the same is

immediately placed on record.

2. Further, Sri.Johnson Mathew Manayani, learned counsel for the

writ petitioner/1st respondent in the writ appeal, would submit that the

gratuity amounts, even otherwise payable to the writ petitioner, have not

been disbursed to him and even there are disputes regarding the payment of

the due of provident fund amounts. Further, it is submitted that, though

Section 80A of the Co-operative Societies Act has come into force only on

20.08.1993, the Kerala Cooperative Employees Self Financing Pension

Scheme, 1994, has been notified only on 14.03.1995.

3. Section 80A(1A) of the Co-operative Societies Act stipulates that

the Self Financing Pension Scheme framed under sub-section (1) thereof WA No.597 of 2022

may also provide for payment of pension from the pension fund at such rates

and subject to such conditions and restrictions, as may be specified therein, to

persons, who retired from service of any society during the period from

01.01.1974 to 03.06.1993 and are alive, and that the specific provisions have

also been made in para 38A of the Co-operative Societies Employees Self

Financing Pension Scheme, 1994. However, it is seen that the specific plea put

forward by the appellant Co-operative Society is that the provident fund

amounts due to the petitioner under the Scheme relatable to the Central EPF

Act have already been received by the writ petitioner, and therefore, these

aspects cannot be raised at this distance of time inasmuch as the compulsory

retirement has been imposed on the writ petitioner with effect from

14.05.1990.

4. Prima facie, we feel that the plea made by the appellant

employee, regarding the payment of gratuity and the claim now put forward in

terms of Section 80A(1A) of the Co-operative Societies Act and para 38A of

the Co-operative Societies Employees Self Financing Pension Scheme, 1994,

may have to be examined. If it is so, as it is urged by the respondents herein

that even if an employee, who has suffered the punishment of compulsory

retirement, is still eligible to be considered for the grant of compassionate

allowance in terms of Clause (2) of para 18 of the above said Pension Scheme.

But, we note that the Kerala Co-operative Employees Pension Board, which is

a statutory regulatory body in terms of the Pension Scheme, has not been WA No.597 of 2022

impleaded in this writ appeal, which was filed by the respondents 1 & 2 in the

writ petition. However, we would request Sri.M.Saseendran, learned Standing

Counsel for the Co-operative Employees Pension Board, to assist the State in

the matter regarding the provisions in the Scheme to the extent it is applicable

for employees, who have retired during the period from 01.01.1974 to

03.06.1993.

5. Sri.Johnson Mathew Manayani, learned counsel for the writ

petitioner/1st respondent in the writ appeal, assures that he would a give copy

of the memorandum of this writ appeal with all Annexures to

Sri.M.Saseendran, learned Standing Counsel for the Co-operative Employees

Pension Board today itself.

6. The Registry will show the name of Sri.M.Saseendran, learned

Standing Counsel for the Co-operative Employees Pension Board, in the cause

list.

List the case on 10.06.2022 in the admission list.

Hand Over

Sd/-

ALEXANDER THOMAS JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE bka/-

27-05-2022                        /True Copy/                                  Assistant Registrar