Kerala High Court
Kerala State Co-Operative ... vs The State Of Kerala on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
WP(C) NO. 26265 OF 2019
PETITIONERS:
1 KERALA STATE CO-OPERATIVE AGRICULTURAL RURAL
DEVELOPMENT BANK EMPLOYEES UNION (BEFI),
REGISTERED NO.327/7- THIRUVANANTHAPURAM,
REPRESENTED BY ITS GENERAL SECRETARY, SRI.S.REMASAN,
DEPUTY MANAGER,KERALA STATE CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK, STATUE,
THIRUVANANTHAPURAM-695001.
2 S.SHEEJA, ASSISTANT MANAGER, KERALA STATE CO-OPERATIVE
AGRICULTURAL AND RURAL DEVELOPMENT BANK, STATUE,
THIRUVANANTHAPURAM-695001.
3 J.GOPI, DRIVER (RETIRED), RESIDING AT DHARSANA,
ATTINGAL ROAD, VENJARAMOOD.P.O,
THIRUVANANTHAPURAM-695607.
BY ADVS.N.NANDAKUMARA MENON (SR.)
SRI.P.K.MANOJKUMAR
SMT.SMITHA S.PILLAI
SMT.ALICE THOMAS
SMT.M.C.SINY
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, CO-OPERATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM-695001.
3 KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK, REPRESENTED BY ITS MANAGING DIRECTOR,
STATUE, THIRUVANANTHAPURAM-695001.
4 THE BOARD OF DIRECTORS,
KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK, THIRUVANANTHAPURAM-695001.
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
-2-
5 THE ADDITIONAL REGISTRAR OF CO-OPERATIVE
SOCIETIES/OFFICER ON SPECIAL DUTY,
KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK, STATUE,
THIRUVANANTHAPURAM-695001
*ADDL.R6 THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK TECHNICAL STAFF
ASSOCIATION, HEAD OFFICE, STATUE JUNCTION,
THIRUVANANTHAPURAM - 695001,
REPRESENTED BY ITS SECRETARY, ANILKUMAR M.A.,
AGRICULTURAL OFFICER, THE KERALA STATE
CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK, STATUE, THIRUVANANTHAPURAM-695 001.
*ADDL.R6 IS IMPLEADED AS PER ORDER DATED 27-11-
2019 IN IA 1/2019.
BY ADVS.SRI.P.P.THAJUDEEN, SPL.GP
M.A.ASIF
LIJU. M.P
SRI.K.ANAND (A-1921)
SRI.K.JAJU BABU (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.01.2023, ALONG WITH WP(C).3485/2020,
8303/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
WP(C) NO. 3485 OF 2020
PETITIONERS:
1 KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK EMPLOYEE'S ASSOCIATION,
REGISTRATION NO.18/84, LAND BANK BUILDINGS,
STATUE JUNCTION, GENERAL POST OFFICE,
THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS
GENERAL SECRETARY, SAKEERUDEEN SAIT.
2 THOMASKUTTY THOMAS, AGED 53 YEARS,
S/O.THOMAS, WORKING AS REGIONAL MANAGER, KERALA
STATE CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK, REGIONAL OFFICE, NAGAMPADOM,
S.H.MOUNT.P.O., KOTTAYAM-686006.
3 SIVAKUMAR K.S., AGED 51 YEARS,
S/O.K.S.SREENIVASA IYER, WORKING AS ASSISTANT
MANAGER, REGIONAL OFFICE, KERALA STATE
CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK, SOUTH OF T.D. HIGH SCHOOL, PALACE WARD,
IRON BRIDGE P.O., ALAPPUZHA-688011.
BY ADVS.JOHN JOSEPH VETTIKAD
SRI.C.JOSEPH JOHNY
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY
TO GOVERNMENT, COOPERATION DEPARTMENT GOVT.
SECRETARIAT, STATUE JUNCTION, GENERAL POST
OFFICE, THIRUVANANTHAPURAM, PIN-695001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
SAHAKARANA BHAVAN, DPI, VAZHUTHACAUD,
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
-4-
GENERAL POST OFFICE, P.O.THIRUVANANTHAPURAM,
PIN-695001.
3 KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK, STATUE JUNCTION,
GENERAL POST OFFICE, THIRUVANANTHAPURAM, PIN-
695001, REPRESENTED BY ITS MANAGING DIRECTOR.
4 THE BOARD OF DIRECTORS, KERALA STATE
CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK, STATUE JUNCTION, GENERAL POST OFFICE,
THIRUVANANTHAPURAM, PIN-695001.
5 THE ADDITIONAL REGISTRAR OF CO-OPERATIVE
SOCIETIES/OFFICER ON SPECIAL DUTY,
KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK, STATUE JN.,
THIRUVANANTHAPURAM, PIN-695001.
BY ADVS.M.A.ASIF,
SRI.P.P.THAJUDHEEN, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.01.2023, ALONG WITH WP(C).26265/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA,
1944
WP(C) NO. 8303 OF 2020
PETITIONERS:
1 M.S.HARIKUMAR, AGED 59 YEARS,
S/O. SIVASANKARA PILLAI, (ASSISTANT MANAGER -
RETIRED, KERALA STATE CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY
RESIDING AT MANGALATHU VEEDU, PALLICKAL P.O.,
KOTTARAKKARA KOLLAM DISTRICT, PIN-691 566.
2 P.RAJEEV KUMAR, AGED 59 YEARS,
S/O. G.PADMANABHAN NAIR (LAW OFFICER RETIRED -
KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.), PRESENTLY
RESIDING AT SREELAKSHMI SANTHI VILA NEMOM P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN-695 020.
3 SABU K.ITTY, AGED 59 YEARS, S/O. K.V. ITTY,
(ASSISTANT MANAGER-RETIRED, KERALA STATE
CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK LTD.), PRESENTLY RESIDING AT KALARICKAL
HOUSE, ST PETERS LANE, M.C. ROAD, PERUMBAVOOR
P.O., ERNAKULAM DISTRICT, PIN-683 542.
4 A.P.SAVITHRI, AGED 59 YEARS,
D/O. A.S.PRABHAKARAN NAIR, (ASSISTANT MANAGER-
RETIRED, KERALA STATE CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY
RESIDING AT RAMANILAYAM, EAST KADUNGALLOOR,
U.C.COLLEGE P.O., ALUVA, ERNAKULAM DISTRICT,
PIN-683 102.
5 M.PRAKASH, AGED 59 YEARS, S/O. M.ANANTHAN,
(ASSISTANT MANAGER-RETIRED, KERALA STATE
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
-6-
CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK LTD.), PRESENTLY RESIDING AT DWARAKA,
UDHAYANAGAR COLONY, NELLIKKODU P.O., KOZHIKODE
DISTRICT, PIN-673 016.
6 T.PRABHAKARAN, AGED 59 YEARS,
S/O. AMBADI KUNHI. T (DRIVER-RETIRED, KERALA
STATE CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD.), PRESENTLY RESIDING AT
THOTTATHIL HOUSE, PALAYIPUTHARIYADUKAM P.O.,
NILESHWAR, KASARGOD DISTRICT, PIN-671 314.
7 REGHU KUMAR N., AGED 59 YEARS,
S/O. NARAYANA PILLAI, (ATTENDER-RETIRED,
KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.), PRESENTLY
RESIDING AT GEETHAM WEST OF SARGA JUNCTION,
AVALOOKUNNU P.O., GURUPURAM, ALAPPUZHA
DISTRICT, PIN-688 006.
8 C.K.LATHA, AGED 59 YEARS, D/O.C.I.KOCHU MATHEW,
(ASSISTANT MANAGER-RETIRED, KERALA STATE
CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK LTD.), PRESENTLY RESIDING AT ANUGRAHAM
PUTHIYAPALAM, PUTHIYARA P.O., KOZHIKODE
DISTRICT, PIN-673 004.
9 P.JOHN VARGHESE, AGED 59 YEARS,
S/O. CHACKO YOHANNAN, (DEPUTY MANAGER-RETIRED,
KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.), PRESENTLY
RESIDING AT KALEECKAL NIKHIL BHAVAN,
PULAMON P.O., KOTTARAKKARA, KOLLAM DISTRICT,
PIN-691 531.
10 K.BALASUBRAMANIAN, AGED 59 YEARS,
S/O. R.KRISHNASWAMY (DEPUTY MANAGER-RETIRED,
KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.), PRESENTLY
RESIDING AT PAVITHRALAYAM, PUTHENTHARA,
DEVANGAPURAM-2, CHITTUR P.O., PALAKKAD
DISTRICT, PIN-678 101.
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
-7-
11 K.VENUGOPALAN NAIR, AGED 59 YEARS,
S/O. P.KRISHNA PILLAI, (ASSISTANT MANAGER-
RETIRED, KERALA STATE CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY
RESIDING AT EDAVANAKONATHU VEEDU, SANTHIGIRI,
P.O. POTHENCODE, THIRUVANANTHAPURAM DISTRICT,
PIN-695 589.
BY ADVS.JOHN JOSEPH VETTIKAD
SRI.C.JOSEPH JOHNY
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.,
STATUE JUNCTION, GENERAL POST OFFICE,
THIRUVANANTHAPURAM, PIN-695 001,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 THE BOARD OF DIRECTORS,
KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK, STATUE JUNCTION,
GENERAL POST OFFICE, THIRUVANANTHAPURAM, PIN-
695 001, REPRESENTED BY ITS PRESIDENT.
3 THE ADDITIONAL REGISTRAR OF CO-OPERATIVE
SOCIETIES/OFFICER ON SPECIAL DUTY,
KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK, STATUE JN.
THIRUVANANTHAPURAM-695 001.
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CO-OPERATION DEPARTMENT OF GOVT. SECRETARIAT,
STATUE JUNCTION, GENERAL POST OFFICE,
THIRUVANANTHAPURAM, PIN-695 001.
5 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
SAHAKARANA BHAVAN, DPI, VAZHUTHACAUD,
GENERAL POST OFFICE P.O., THIRUVANANTHAPURAM,
PIN-695 001.
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
-8-
BY ADVS.M.A.ASIF,
SRI.P.P.THAJUDHEEN, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.01.2023, ALONG WITH WP(C).26265/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
-9-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA,
1944
WP(C) NO. 35162 OF 2019
PETITIONERS:
1 THOMSON JOSEPH, AGED 57 YEARS,
S/O.JOSEPH, WORKING AS DY.MANAGER, KERALA STATE
CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK LTD.NO.56, REGIONAL OFFICE, KADAVANTHRA,
ERNAKULAM, RESIDING AT KARUKAPPALLY HOUSE,
NADAKKAVU P.O., UDAYAMPEROOR - 682 307.
2 C.RAMADAS, AGED 52 YEARS,
SON OF C.SANKARA MENON, WORKING AS DY.MANAGER
KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.NO.56, REGIONAL
OFFICE, MARAR ROAD, THRISSUR - 680 001,
RESIDING AT CHATHANATH HOUSE, KEERTHI NAGER,
CHIYYARAM P.O., THRISSUR - 680 026.
BY ADVS.T.P.DEYANANTHAN
SRI.A.V.RAMAKRISHNA PANICKER
SRI.S.KRISHNALAL
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE
SECRETARY TO GOVERNMENT, CO-OPERATIVE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM - 695 001.
3 KERALA STATE CO-OPERATIVE AGRICULTURAL AND
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
-10-
RURAL DEVELOPMENT BANK LTD.NO.56,
REPRESENTED BY THE MANAGING DIRECTOR, H.O.,
STATUE, THIRUVANANTHAPURAM - 695 001.
4 THE BOARD OF DIRECTORS,
KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.NO.56,
THIRUVANANTHAPURAM - 695 001.
5 THE ADDITIONAL REGISTRAR OF CO-OPERATIVE
SOCIETIES/OFFICER ON SPECIAL DUTY TO KERALA
STATE CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD. NO.56, HEAD OFFICE,
STATURE, THIRUVANANTHAPURAM - 695 001.
*ADDL.R6 THE LABOUR COMMISSIONER,
THOZHIL BHAVAN, VIKAS BHAVAN P.O.,
PMG, THIRUVANANTHAPURAM .
[ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 22.12.2022 IN WP(C) 35162/2019]
BY ADVS.SRI.P.P.THAJUDHEEN, SPL.GP
M.A.ASIF,
SMT.NISHA GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.01.2023, ALONG WITH WP(C).26265/2019 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
-11-
JUDGMENT
[WP(C) Nos.26265/2019, 3485/2020, 8303/2020, 35162/2019]
Since the legal issues involved and the
factual circumstances presented in these cases
are similar, if not identical, I propose to
dispose of all of them through this judgment,
with the consent of all sides.
2. Certain Unions of employees and the
employees of the 'Kerala State Co-operative
Agricultural Rural Development Bank' ('Society',
for short), have approached this Court impugning
the orders of Registrar of Co-operative
Societies and the Government, directing that the
'Staff Retirement Benefits Fund' (hereinafter to
be referred to as 'SRBF', for brevity) be
forthwith terminated, since it goes contrary to
the provisions of the Kerala Co-operative
Societies Act, 1969 ('KCS Act', for short).
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
3. The petitioners assert that the 'SRBF'
was introduced in the year 1961, on the edifice
of a decision taken by the Board of Directors of
the Society; and that it had been approved by
the Registrar of Co-operative Societies. They
say that a large corpus is available in the
fund; but that, on account of the impugned
orders in these cases, its disbursement has now
been indefinitely delayed. They thus pray that
the orders impugned in these cases be set aside
and the Society be directed to take immediate
action to disburse the amounts in the Corpus of
the 'SRBF', to them with applicable interest,
within a time frame to be fixed by this Court.
4. I have heard Sri.N.Nandakumara Menon -
learned Senior Counsel, instructed by
Sri.P.K.Manoj Kumar, appearing for the
petitioner in W.P.(C)No.26265/2019; Sri.K.Jaju
Babu - learned Senior Counsel, instructed by
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
Sri.M.P.Liju - learned counsel for
respondent No.6 in W.P.(C)No.26265/2019;
Sri.T.P.Deyananthan - learned counsel for the
petitioners in W.P.(C)No.35162/2019; Sri.John
Joseph Vettikad for the petitioners in W.P.
(C)Nos.3485/2020 and 8303/2020; Sri.M.A.Asif -
learned Standing Counsel appearing for the
Society and Sri.P.P.Thajudeen - learned Special
Government Pleader for Department of
Co-operation.
5. The learned Senior Counsel -
Sri.N.Nandakumara Menon and Sri.K.Jaju Babu,
vehemently argued that the orders impugned in
these cases do not cite any cogent or tenable
reasons as to why the 'SRBF' was ordered to be
abruptly terminated, even though there is a
corpus available in it, for being distributed to
all the retired employees of the Society.
6. The learned Senior Counsel contended
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
that, since the 'SRBF' is a Scheme, introduced
as early as in the year 1961, at a time when the
employees and the retired employees of the
Society had absolutely no other benefits
available to them; and when the Society now
unequivocally says that they have not joined the
Kerala Co-operative Societies Employees Self
Financing Pension Scheme, 1994 ('Pension
Scheme', for short), there was no credible
reason why the orders impugned in these writ
petitions should have been issued. They added
that Society is consistently running at profit;
and that, in any event, the corpus under the
'SRBF' cannot be used for any other purpose; and
hence that the reliefs sought for in these writ
petitions are imminently deserving of being
granted to the petitioners.
7. The learned counsel for the petitioners
in other cases adopted the afore submissions;
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
and reiteratingly prayed that all the writ
petitions be allowed.
8. Sri.M.A.Asif - learned Standing Counsel
for the Society, submitted that a counter
affidavit has been filed in all cases, wherein,
it has been averred that out of the 213 'SRBF'
account holders, who are entitled to the
benefits of the said Scheme, 120 retired from
service and only 93 members are still
continuing in the services of his client, as on
01.01.2023.
9. Sri.M.A.Asif then affirmatively added
that the Society has not joined the 'Pension
Scheme' and that it continued with the erstwhile
Scheme under the Employees Provident Fund
Organization. He further explained that, even
though a meeting of the Trade Unions was
convened by the Additional Labour Commissioner
in the year 2010, to discuss on the continuation
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
of the 'SRBF', no decision could be taken
therein, particularly because his client had not
been invited to its deliberations. He thus
prayed that no further order be issued against
his client.
10. Sri.P.P.Thajudheen - learned Special
Government Pleader, began by saying that the
concern of the Government against 'SRBF' is that
it inures to the persons entitled to it an
unfair advantage; while causing a burden on the
Society. He explained that the Society is
surviving on the amounts obtained from the
National Bank for Agricultural and Rural
Development (NABARD); but conceded, to a pointed
question from this Court, that the corpus under
the 'SRBF' cannot be used for any other purpose
other than to be paid to its members.
11. Sri.P.P.Thajudheen then conceded that,
since the Society now says that there are only
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
limited number of persons who are entitled to
the benefits under the 'SRBF', he would not
stand in the way of the corpus being distributed
to them, provided interest is paid only as per
the provisions of the Bye-laws and not in
excess. He added that, however, further payment
under the 'SRBF' be left to the Government to
decide, particularly when any further accretion
to the corpus can be done only as per the
provisions of the 'KCS Act' and the Rules
thereunder.
12. The afore narrative of the dialectical
contentions render it indisputable that, as of
now, there is a corpus available with the
Society under the 'SRBF'. Pertinently, the
Society, in their additional counter affidavit,
specifically avers as under in paragraphs 7 and
10:
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
"7. It is submitted that since the
amendment to the Act vide Act No. 6/1995
inserting sub section 3A to section 80 of
the Act, fresh recruitments to various
regular posts included under Rule 186 of
the Rules were delayed for want of
formulation of the Recruitment Rules
which was finalized in consultation with
the PSC only in 2018. Therefore except
for those few employees who were
appointed under the die-in-harness
scheme, and those in the Sub Staff
category, there was no regular
recruitment to the service of the Bank
after 1995. It is submitted that except
those few recruited as above, no new
members are enrolled in the SRBF after
31-03-2018. It is submitted that out of
the above 214 SRBF account holders who
are entitled for the benefit of the
scheme since 01-04-2018, 120 has already
retired from the service of the Bank on
various dates and 93 members of SRBF
alone are still continuing in the service
of the Bank as on 01-01-2023.
10. It is submitted that the Bank has not
joined the Co-operative Employees Self
Financing Pension Scheme, 1994
constituted under section 80A of the Act
but continues in pension scheme under
EPFO. It is submitted that even though a
meeting of the Trade Unions was convened
by the Additional Labour Commissioner on
26-08-2010 as directed by the Government
to discuss on the continuation of the
SRBF, it is understood that except having
recorded the views of the Trade Unions,
no fruitful decisions were taken in the
said meeting. It is submitted that the
Bank was not invited to the meeting held
by the Additional Labour Commissioner on
26-08-2010."
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
13. The afore extracted averments have
already been touched upon by this Court in the
forgoing paragraphs of this judgment; and it is
luculent therefrom, that the corpus under the
'SRBF' has not been distributed; while the
number of eligible persons to it had not
increased. It is also evident that the Society
has not joined the statutory 'Pension Scheme';
and that the deliberations with the Trade Unions
by the Additional Labour Commissioner in the
year 2010, did not result in any "fruitful"
decision.
14. In the afore perspective, it is
apodictic that distribution of the corpus to the
persons eligible would cause no prejudice even
to the Society; and, in fact, this is not
opposed by the Government either. Their concern
is that eligible members cannot obtain interest
more than what is computed as per the Bye-laws;
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
and in this regard, the submissions of
Sri.M.A.Asif - learned Standing Counsel for the
Society - that the earlier calculation of
interest, based on Half Yearly Rest, was in
error; and that it will be recalculated at
Annual Rest, as per the Bye-laws - would
certainly allay this apprehension.
15. I am persuaded to the afore view also on
account of the averments in the counter
affidavit of the Society that it has been
registering profits right from its inception;
though this Court is cognizant that the stand of
the Government is that the profits generated
from the sums awarded by the NABARD, which is
keeping the Society in such position. But the
conceded fact is that Society is operating in
profit.
Resultantly, I allow these writ petitions
with the following directions:
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
(a) The available corpus in 'SRBF' of the
Society, will be distributed to eligible
members; however, after calculating the
interest on eligible amounts at annual
rest basis, rather than on half yearly
basis presently adopted by the Society and
reflected in the counter affidavit. This
shall be done, as expeditiously as is
possible, but not later than two months
from the date of receipt of a copy of this
judgment.
(b) I make it clear that continuance of
the 'SRBF' will only be as per the
decision to be taken by the Government in
future; and they shall, therefore, hear
the petitioners, as also any other person
who may be interested, and take a final
decision in this regard within a period of
six months, dehors the orders impugned in
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
these writ petitions.
(c) I also clarify that none of my afore
observations can be interpreted by any
person to the effect that this Court has
found in favour of continuation of the
'SRBF' in future; and this will certainly
abide by the policy decision to be taken
by the Government in terms of law. This is
also because, Sri.P.P.Thajudheen - learned
Special Government Pleader, even to a
pointed question from this Court, conceded
that the amount of corpus cannot be used
for any other purpose, particularly
because they are remaining in the
individual accounts of the employees.
Sd/-
DEVAN RAMACHANDRAN
akv JUDGE
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
APPENDIX OF WP(C) 3485/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE RULE LAID DOWN
FOR THE SRBF BY THE 3RD RESPONDENT
BANK.
EXHIBIT P2 THE TRUE COPY OF THE LETTER
NO.26444/61 PB2 DATED 17.11.1961 THE
REGISTRAR OF THE CO-OPERATIVE
SOCIETIES.
EXHIBIT P3 THE TRUE COPY OF ORDER NO.CL2/50795/82
DATED 14.1.1983, OF THE REGISTRAR OF
CO-OPERATIVE THIRUVANANTHAPURAM.
EXHIBIT P4 THE TRUE COPY OF ORDER NO.EM(1)7703/97
DATED 20.5.1998 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE LETTER
NO.C.L.T(3)17780/18 DATED 29.9.2018
ISSUED BY THE 2ND RESPONDENT TO THE
5TH RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE LETTER DATED
28.11.2018 SENT BY THE 5TH RESPONDENT
TO 3RD RESPONDENT.
EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION
DATED 31.12.2018 SUBMITTED BY THE
PETITIONERS TO THE 2ND RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF LETTER NO.CO-OP-
B1/322/2018 DATED 8.7.2019 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P9 THE TRUE COPY OF THE ORDER NO.CLT (3)
117780/2018 DATED 29.7.2019 ISSUED BY
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
THE 5TH RESPONDENT.
EXHIBIT P10 THE TRUE COPY OF THE INTERIM ORDER
DATED 3.10.2019 IN WPC.NO.26265/2019
OF THIS HON'BLE COURT.
RESPONDENT EXHIBITS
EXHIBIT R1(A) A TRUE COPY OF SUMMARY OF DEFECTS IN
THE AUDIT REPORT 2017-18, PART A.
EXHIBIT R1(B) A TRUE COPY OF REPORT RESPONDENT.
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
APPENDIX OF WP(C) 8303/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE RULE LAID DOWN
FOR THE SRBF BY THE 3RD RESPONDENT
BANK.
EXHIBIT P2 THE TRUE COPY OF THE LETTER
NO.26444/61 PB2 DATED 17.11.1961 THE
REGISTRAR OF THE CO-OPERATIVE
SOCIETIES.
EXHIBIT P3 THE TRUE COPY OF ORDER NO.CL2/50795/82
DATED 14.1.1983 OF THE REGISTRAR OF
CO-OPERATIVE THIRUVANANTHAPURAM.
EXHIBIT P4 THE TRUE COPY OF THE LETTER
NO.E1/RET/APRIL/2018 DATED 6.8.2018
ISSUED BY THE 3RD RESPONDENT BANK TO
THE 5TH PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE LETTER NO.E1/RO
TSR LOANS/2015-16 DATED 22.2.2018.
EXHIBIT P6 THE TRUE COPY OF THE LETTER DATED
5.2.2020 SUBMITTED BY THE IST
PETITIONER TO THE IST RESPONDENT.
EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED
28.2.2020 SUBMITTED BY THE 2ND
PETITIONER TO THE IST RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE LETTER DATED
20.2.2020 SUBMITTED BY THE 3RD
PETITIONER TO THE IST RESPONDENT.
EXHIBIT P9 THE TRUE COPY OF THE LETTER DATED
15.2.2020 SUBMITTED BY THE 4TH
PETITIONER TO THE IST RESPONDENT.
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
EXHIBIT P10 THE TRUE COPY OF THE LETTER DATED
20.2.2020 SUBMITTED BY THE 5TH
PETITIONER TO THE IST RESPONDENT.
EXHIBIT P11 THE TRUE COPY OF THE LETTER DATED
20.2.2020 SUBMITTED BY THE 6TH
PETITIONER TO THE IST RESPONDENT.
EXHIBIT P12 THE TRUE COPY OF THE LETTER DATED
15.2.2020 SUBMITTED BY THE 7TH
PETITIONER TO THE IST RESPONDENT.
EXHIBIT P13 THE TRUE COPY OF THE LETTER DATED
18.2.2020 SUBMITTED BY THE 8TH
PETITIONER TO THE IST RESPONDENT.
EXHIBIT P14 THE TRUE COPY OF THE LETTER DATED
27.2.2020 SUBMITTED BY THE 9TH
PETITIONER TO THE IST RESPONDENT.
EXHIBIT P15 THE TRUE COPY OF THE LETTER DATED
04.2.2020 SUBMITTED BY THE 10TH
PETITIONER TO THE IST RESPONDENT.
EXHIBIT P16 THE TRUE COPY OF THE LETTER DATED
07.2.2020 SUBMITTED BY THE 11TH
PETITIONER TO THE IST RESPONDENT.
EXHIBIT P17 THE TRUE COPY OF THE LETTER
NO.C.L.T(3)17780/18 DATED 29/9/2018
ISSUED BY THE 5TH RESPONDENT TO THE
3RD RESPONDENT
EXHIBIT P18 THE TRUE COPY OF THE LETTER DATED
28/11/2018 SENT BY THE 3RD RESPONDENT
TO 1ST RESPONDENT
EXHIBIT P19 THE TRUE COPY OF LETTER NO.CO-OP-
B1/322/2018/CO DATED 8/7/2019 ISSUED
BY THE 4TH RESPONDENT
EXHIBIT P20 THE TRUE COPY OF THE ORDER NO.CLT(3)
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
17780/2018 DATED 29/7/2019 ISSUED BY
THE 3RD RESPONDENT
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
APPENDIX OF WP(C) 35162/2019
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE RULE 1961.
EXHIBIT P2 THE TRUE COPY OF THE LETTER
NO.26444/61/PB2 DAATED 17/11/1961.
EXHIBIT P3 THE TRUE COPY OF THE ORDER
NO.CLT2/50795/82 DATED 14/01/1983.
EXHIBIT P4 THE TRUE COPY OF THE ORDER EM(1)
7703/97 DATED 20/05/1998.
EXHIBIT P5 THE TRUE COPY OF THE INTERIM ORDER OF
THE ORIGINAL PETITION NO.11944/98.
EXHIBIT P5 THE TRUE COPY OF THE INTERIM ORDER OF
THE ORIGINAL PETITION NO.12001/98.
EXHIBIT P5 THE TRUE COPY OF THE INTERIM ORDER OF
THE ORIGINAL PETITION NO.12159/98.
EXHIBIT P6 THE TRUE COPY OF THE CERTIFICATE AND
ABSTRACT OF DEFICIENCIES TO BE CURED
ISSUED VIDE FILE NO.AD(3)4794/2018
DATED 28/09/2018.
EXHIBIT P7 THE TRUE COPY OF THE LETTER NO.CLT(3)
17780/13 DATED 29/09/2018.
EXHIBIT P8 THE TRUE COPY OF THE ORDER NO.CLT(3)
17780/2018 DATED 30/10/2018.
EXHIBIT P9 THE TRUE COPY OF THE LETTER TO THE
BANK ON 28/11/2019.
EXHIBIT P10 THE TRUE COPY OF THE LETTER OF R1 IN
NO.CO-OP. B1/322/2018 DATED
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
08/07/2019.
EXHIBIT P11 THE TRUE COPY OF THE LETTER
NO.CLT(3)17780/2018 DATED 29/07/2019.
EXHIBIT P12 THE TRUE COPY OF THE ORDER DATED
03/10/2019 IN W.P (C)
NO.26265/2019(G).
EXHIBIT P13 THE TRUE COPY OF THE L NO-1-5/18811/
2009 DATED 11.8.2010
Exhibit P13(E) TRUE ENGLISH TRANSLATION OF EXT.P13
RESPONDENT'S/S EXHIBITS :
EXHIBIT R2(A) TRUE COPY OF THE SUMMARY OF DEFECTS
IN THE AUDIT REPORT 2017-18, PART A
EXHIBIT R2(B) TRUE COPY OF THE REPORT OF RESPONDENT
//TRUE COPY//
P.A. TO JUDGE
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
APPENDIX OF WP(C) 26265/2019
PETITIONER EXHIBITS
EXHIBIT P1 THE PHOTOSTAT COPY OF THE RULES
REGARDING THE KERALA CO-OPERATIVE
CENTRAL MORTGAGE BANK LIMITED
EMPLOYEES RETIREMENT BENEFIT FUND.
EXHIBIT P2 THE PHOTOSTAT COPY OF THE LETTER
NO.26444/61.PB2 DATED 17.11.1961
ISSUED BY THE REGISTRAR OF CO-
OPERATIVE SOCIETIES TO THE
SECRETARY,KERALA CO-OPERATIVE LAND
MORTGAGE BANK LIMITED.
EXHIBIT P3 THE PHOTOSTAT COPY OF THE AMENDMENT
INTRODUCED BY THE REGISTRAR OF CO-
OPERATIVE SOCIETIES OF RULE 15 OF
EXHIBI P1 RULES NO.CLT2/50795/82,DATED
14.1.1983 TO THER MANAGING
DIRECTOR,KERALA CO-OPERATIVE CENTRAL
LAND MORTGAGE BANK LTD.
EXHIBIT P4 THE PHOTOSTAT COPY OF THE ORDER
NO.M(1P7703/97)DATED 20.5.1998 ISSUED
BY THE REGISTRAR OF CO-OPERATIVE
SOCIETIES.
EXHIBIT P5 THE PHOTOSTAT COPY OF THE INTERIM
ORDER NO.7.8.1998 IN CMP NO.23748/98
PASSED BY THE HON'BLE HIGH COURT OF
KERALA.
EXHIBIT P5(a) THE PHOTOSTAT COPY OF THE INTERIM
ORDER DATED 12.8.1998 IN CMP
NO.26999/98 IN O.P.NO.12001/1998
PASSED BY THE HON'BLE COURT OF KERALA.
EXHIBIT P5(b) THE PHOTOSTAT COPY OF THE INTERIM
ORDER DATED 7.8.1998 IN CMP
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
NO.25144/98 IN O.P.NO.12159/1998
PASSED BY THE HON'BLE HIGH COURT OF
KERALA.
EXHIBIT P6 THE PHOTOSTAT COPY OF THE LETTER
NO.CLT(3)/17780/18 DATED 29.9.2018
ISSUED BY THE REGISTRAR,CO-OPERATIVE
SOCIETIES,TVM TO THE ADDITIONAL
REGISTRAR/OFFICER ON SPECIAL DUTY,TVM.
EXHIBIT P7 THE PHOSOTAT COPY OF THE LETTER DATED
28.11.2018 ISSUED BY THE ADDITIONAL
REGISTRAR(GENERAL)/OFFICE ON SPECIAL
DUTY,TVM.TO THE PETITIONERS BANK.
EXHIBIT P8 THE PHOTOSTAT COPY OF THE
REPRESENTATION DATED 4.12.2018
SUBMITTED BY THE PETITIONERS BEFORE
THE ADDITIONA REGISTRAR OF CO-
OPERATIVE SOCIETIES,TVM.
EXHIBIT P9 THE PHOTOSTAT COPY OF THE LETTER DATED
4.12.2018 SUBMITTED BY THE PETITIONERS
UNION, TO THE REGISTRAR OF CO-
OPERATIVE SOCIETIES,TVM.
EXHIBIT P10 THE PHOTOSTAT COPY OF THE LETTER
NO.CO.B1/322/2018/CO.DATED 8.7.2019
ISSUED BY THE UNDER SECRETARY TO
GOVERNMENT,TO THE REGISTRAR OF CO-
OPERATIVE SOCIETIES,TVM.
EXHIBIT P11 THE PHOTOSTAT COPY OF THE ORDER
NO.CLT(3)17780/2018 DATED 29.7.2019
ISSUED BY THE ADDITIONAL REGISTRAR
(CREDIT),TVM TO THE MANAGING DIRECTOR,
KERALA STATE CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK,STATUE,
THIRUVANANTHAPURAM-695001.
RESPONDENT EXHIBITS
EXHIBIT R5(a) COPY OF SUMMARY OF DEFECTS (PARA A) IN
WP(C)Nos. 26265/2019, 3485/2020,
8303/2020, 35162/2019
THE AUDIT REPORT 2017-18
EXHIBIT R5(b) A COPY OF REPORT
EXHIBIT R1(A) TRUE COPY OF THE SUMMARY OF THE
DEFECTS IN THE AUDIT REPORT 2017-18
PART A
EXHIBIT R1(B) TRUE COPY OF THE REPORT
