Kerala High Court
Keerikode Service Co-Operative ... vs State Of Kerala on 21 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
SATURDAY, THE 21ST DAY OF JANUARY 2023 / 1ST MAGHA, 1944
WP(C) NO. 25757 OF 2012
PETITIONERS:
V.J.PAUL
AGED 60 YEARS
S/O.JOSEPH, RESIDING AT VADAKKEDATHU HOUSE,
KARIKKODE,
THODUPUZHA EAST.P.O.,
IDUKKI DISTRICT,
SECRETARY (RETD.),
THE KARIKKODE SERVICE CO-OPERATIVE BANK LTD.
NO.4009, KEERIKODE,
THODUPUZHA EAST P.O.,
IDUKKI DISTRICT.
BY ADVS.
SRI.JOICE GEORGE
SRI.LIJI.J.VADAKEDOM
SRI.RAJEEV JYOTHISH GEORGE
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN-695001.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) IDUKKI,
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, PAINAVU P.O.,
IDUKKI DISTRICT,
PIN-685603.
3 THE KARIKKODE SERVICE CO-OPERATIVE BANK LIMITED
NO.4009
REPRESENTED BY ITS SECRETARY,
KEERIKODE,
WP(C)No.25757 of 2012 & 7144 of 2013
2
THODUPUZHA EAST P.O.,
IDUKKI DISTRICT, PIN-685584.
BY ADVS.
SRI.D.L.DEVASSY, GOVERNMENT PLEADER
SMT.C.SEENA
SRI.P.P.THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.01.2023, ALONG WITH WP(C).7144/2013, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.25757 of 2012 & 7144 of 2013
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
SATURDAY, THE 21ST DAY OF JANUARY 2023 / 1ST MAGHA, 1944
WP(C) NO. 7144 OF 2013
PETITIONER:
KEERIKODE SERVICE CO-OPERATIVE BANK
KEERIKODE, THODUPUZHA EAST P.O.,
IDUKKI DISTRICT,
REPRESENTED BY ITS SECRETARY-IN-CHARGE.
BY ADV SRI.P.C.SASIDHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
CO-OPERATION DEPARTMENT, SECRETRIAT,
THIRUVANANTHAPURAM-695001.
2 THE JOINTR REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES, IDUKKI.-685603
3 V.J.PAUL
RESIDING AT VADAKKEDATHU HOUSE,
KEERIKODE, THODUPUZHA EAST P.O.,
IDUKKI ( FORMER SECRETARY OF KEERIKODE SERVICE
CO-OPERATIVE BANK LIMITED).685603
BY ADV SRI.LIJI.J.VADAKEDOM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.01.2023, ALONG WITH WP(C).25757/2012, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.25757 of 2012 & 7144 of 2013
4
MOHAMMED NIAS. C.P.,J
-----------
WP(C)Nos. 25757 of 2012 & 7144 of 2013
- - - - - - - - - - - - - - - - - - ----
Dated this the 21st day of January, 2023
JUDGMENT
The writ petitioner in WP(C)No.25757 of 2012 had retired from
the services of the third respondent Co-operative Bank on 31.05.2008,
as Secretary on attaining superannuation. Complaining that he has not
been paid the service benefits in full, he had approached this Court by
filing WP(C)No.4415 of 2010, in which the second respondent Joint
Registrar was directed by Ext.P4 judgment to consider the
representation filed by him which is marked as Ext.P3 herein.
Accordingly, the Joint Registrar considered the same and rejected it by
Ext.P5 order, against which the petitioner had approached the
Government by Ext.P6, in which the Government had passed orders by
Ext.P7 setting aside the order of the Joint Registrar and allowing the
appeal finding him entitled for all benefits in the post of Assistant
Secretary till 31.5.2008 and directed the Bank as well as the Joint
Registrar to take appropriate steps for compliance. The above writ
petition is filed seeking for implementation of Ext.P7.
WP(C)No.25757 of 2012 & 7144 of 2013
2. WP(C)No.7144 of 2013 is filed by the Co-operative Bank
challenging Ext.P3, which is the same as Ext.P7 in the writ petition
filed by the employee. The Bank has filed the writ petition contending
that it had decided to implement the pay revision order with effect from
1.4.2004 limiting the monetary benefits with effect from 1.8.2006 This
decision was taken after considering the financial position of the
Society and after all the employees of the Society consenting to the
same. Bank has also contended that the action of the the Registrar of
the Co-operative Societies as also the Government in rejecting the
request of the Society to implement the pay revision orders with effect
from 01.04.2004 by limiting the monetary benefits with effect from
01.08.2006 is under challenge before this Court in WP(C)No.6739 of
2013.
3. I have heard the learned counsel for the parties.
4. WP(C)No.6739 of 2013 filed by the Society challenging the
orders of the Government and the Joint Registrar that declined their
request for claiming exemption from implementing pay revision order
for a period of twelve years stands dismissed by a separate judgment
passed today. It is almost on identical contentions that WP(C)No.7144
WP(C)No.25757 of 2012 & 7144 of 2013
of 2013 is filed praying for quashing Ext.P3 order dated 3.11.2011
which is the same as Ext.P7 in the writ petition filed by the employee
for its implementation. There cannot be any justification for not
complying with the order dated 3.11.2011,. The retiral benefits due to
the employee cannot be withheld or delayed citing financial difficulties
of the employer. The employee has been agitating for his service
/retiral benefits and this is the second round of litigation. No grounds
at all are made out to challenge the order dated 3.11.2011 referred
above. Accordingly, WP(C)No.25757 of 2012 is allowed and there will
be a direction to respondents 2 and 3 to implement the order dated
3.11.2011 (Ext.P7 in WP(C)No.25757 of 2012), if not already
implemented within an outer limit of two months from the date of
receipt of a copy of this judgment. Consequently, WP(C)No.7144 of
2013 is dismissed.
Sd/- MOHAMMED NIAS C.P., JUDGE
dlk/21.01.202
WP(C)No.25757 of 2012 & 7144 of 2013
APPENDIX OF WP(C) 25757/2012
PETITIONER'S EXHIBITS
EXHIBIT P1.TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER DATED 6.8.2009 BEFORE THE BOARD OF
DIRECTORS OF THE 3RD RESPONDENT.
EXHIBIT P2.TRUE COPY OF THE COMMUNICATION DATED
31.08.2009 ISSUED BY THE 3RD RESPONENT CO-OP SOCIETY TO
THE PETITIONER.
EXHIBIT P3.TRUE COPY OF THE REPRESENTATION DATED
14.11.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONEDNT JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P4.TRUE COPY OF THE JUDGMENT IN WP(C)4415 OF
2010 DATED 01.07.2010
EXHIBIT P5.TRUE COPY OF THE ORDER NO.CRP 1411/2010 DATED
29.09.2010 PASSED BY THE 2ND RESPONDENT
EXHIBIT P6.TRUE COPY OF THE APPEAL DATED 19.01.2011
FILED BY THE PETITIONER BEFORE THE IST RESPONDENT
GOVERNMENT.
EXHIBIT P7.TRUE COPY OF THE GO NO.576/2011/CO-O DATED
03.11.2011 PASSED BY THE IST RESPONDENT.
EXHIBIT P8. TRUE COPY OF THE REPORT SUBMITTED BY THE
SECRETARY OF THE 3RD RESPONDENT BEFORE THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P9. TRUE COPY OF THE STATEMENT DATED 11.03.2013
FILED BY THE PETITIONER BEFORE THE ASSISTANT REGISTRAR
OF CO-OPERATIVE SOCIETIES.
WP(C)No.25757 of 2012 & 7144 of 2013
APPENDIX OF WP(C) 7144/2013
PETITIONER'S EXHIBITS
EXHIBIT P1.TRUE COPY OF THE JUDGMENT IN WP(C)NO.4415 OF
2010.
EXHIBIT P2.TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT DATED 29.9.2010
EXHIBIT P3.TRUE COPY OF THE ORDER ISSUED BY THE
GOVERNMENT.
EXHIBIT P4.TRUE COPY OF THE RELEVANT EXTRACT OF THE
MINUTES OF THE MEETING DATED 24.07.2006.
