Narayanan.C.K vs State Of Kerala
2023 Latest Caselaw 313 Ker

               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. 31333 OF 2017
PETITIONERS:

    1     NARAYANAN.C.K, SALES MAN (RETD), KOYILANDY TALUK
          AGRICULTURAL CO-OPERATIVE MARKETINGSOCIETY LTD. NO.
          1786, PERAMBRA, RESIDING AT CHENNIYANKULANGARA,
          CHANGAROTH,KADIYANGADU P.O., KOZHIKKODE.

    2     NARAYANAN M, SALES MAN (RETD), KOYILANDY TALUK
          AGRICULTURAL CO-OPERATIVE MARKETINGSOCIETY LTD.
          NO. 1786, PERAMBRA, RESIDINGAT AISWARYA, PERAMBRA,
          KOZHIKKODE.

    3     SREEDHARAN P.M, SALES MAN (RETD), KOYILANDY TALUK
          AGRICULTURAL CO-OPERATIVE MARKETINGSOCIETY LTD. NO.
          1786, PERAMBRA, RESIDIHNG AT NISHIDA, VADAKKAYIL
          VEEDU,MENJANNYAM P.O., PERAMBRA, KOZHIKKODE.

    4     DAMODARAN T.P, SALES MAN (RETD), KOYILANDY TALUK
          AGRICULTURAL CO-OPERATIVE MARKETINGSOCIETY LTD. NO.
          1786, PERAMBRA, RESIDING AT THACHULLAPARAMBIL HOUSE,
          ERAVATTOOR,KUTTOTH P.O., MEPPAYUR VIA, PERAMBRA,
          KOZHIKKODE.

    5     BALAKRISHNAN A, ACCOUNTANT (RETD), KOYILANDY TALUK
          AGRICULTURAL CO-OPERATIVE MARKETINGSOCIETY LTD. NO.
          1786, PERAMBRA, RESIDINGAT AYADATHIL, PERAMBRA,
          KOZHIKKODE.

    6     SREEDHARAN K, ACCOUNTANT (RETD), KOYILANDY TALUK
          AGRICULTURAL CO-OPERATIVE MARKETINGSOCIETY LTD. NO.
          1786, PERAMBRA, RESIDINGAT MALPADIKANDIMEETHAL,
          PAIDOTH ROAD,PERMBRA P.O., KOZHIKKODE.

          BY ADVS.
          SRI.P.C.SASIDHARAN
          SRI.P.E.SAJAL


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY SECRETARY TO
          GOVERNMENT,CO-OPERATION DEPARTMENT,
          SECRETARIAT,THRIUVANANTHAPURAM - 695 001.
 WPC 31333/17
                                       2

     2     THE REGISTRAR OF CO-OPERATIVE SOCIETIES
           O/O THE REGISTRAR OF CO-OPERATIVE
           SOCIETIES,THIRUVANANTHAPURAM - 695 001.

     3     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
           O/O THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
           KOZHIKKODE - 673 001.

     4     THE ASSISTNAT REGISTRAR OF CO-OEPRATIVE SOCIETIES
           O/O ASSISTANT REGISTRAR OF CO-OPERATIVE
           SOCIETIES,KOYILANDY - 673 620.

     5     KOYILANDY TALUK AGRICULTURAL CO-OPERATIVE
           MARKETING SOCIETY LTD. NO. 1786,PERAMBRA,
           REPRESENTED BY ITS SECRETARY,PIN - 673 525.

     6     THE KERALA CO-OPERATIVE EMPLOYEES PENSION BOARD
           PATTOM, THIRUVANANTHAPURAM - 695 004,REPRESENTED
           BY ITS SECRETARY.

           BY ADVS.
           SRI.M.SASINDRAN, SC
           SRI.P.P.JACOB
           SMT.RESMI THOMAS -GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.01.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 31333/17
                                     3



                           JUDGMENT

The petitioners seek a direction to respondents to implement

Ext.P2 order and they rely upon the judgment of this Court in

WP(C)No.22693/2016 - a copy of which has been produced on

record as Ext.P5.

2. Sri.P.C.Sasidharan - learned counsel for the petitioners,

submitted that the petitioners are identically situated as the ones

in the aforementioned judgment and therefore, entitled to the

same reliefs as ordered therein.

3. However, Sri.P.P.Jacob - learned counsel for the

Society, vehemently argued that Ext.P2 order is not applicable to

the petitioners since they were never engaged on substantive

basis, but only for daily wages. He explained that when the

ration shops conducted by the Society were stopped, an option

was given to the petitioners to run it - not as employees but in

the manner of a contract - and therefore, that the benefits under

Ext.P2 can never be claimed by them. He concluded his

submissions saying that, in any event, his client intends to WPC 31333/17

challenge Ext.P2, for which purpose, he sought liberty.

4. Even when I hear Sri.P.P.Jacob on the afore lines, the

fact remains that Ext.P2, prima facie, appears to deal with the

case of the petitioners also and their names have been included

in the list of persons found eligible to the benefits ordered

therein. Obviously, therefore, if the Society has a case that Ext.P2

will not apply to the petitioners, it is for them to take up the

matter appropriately with the Assistant Registrar and to obtain

necessary clarification, rather than take a stand before this Court

that it is not so.

5. When I say as afore, I am fully cognizant of the

further submissions of Sri.P.P.Jacob, that the Assistant Registrar

has no jurisdiction to issue Ext.P2. However, as long as there is

no challenge mounted against it by the Society, they cannot

impel such a contention, nor can it be countenanced by this

Court.

6. That said, I notice from Ext.P2 that the Assistant

Registrar had directed the Society to place an Action Taken

Report before him within the time frame fixed therein. Since the WPC 31333/17

petitioners say that no action has been taken in their case by the

Society until now, it is certainly for the Assistant Registrar to

initiate apposite action in terms of law.

Resultantly, I order this Writ Petition and direct the 4 th

respondent - Assistant Registrar of Co-operative Societies to hear

the petitioners, as also the Society and conclude further

proceedings pursuant to Ext.P2 as per law and in terms of the

various statutory provisions of the Kerala Co-operative Societies

Act and Rules.

The afore exercise shall be completed not later than three

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

Sd/-

RR                                           DEVAN RAMACHANDRAN
                                                   JUDGE
 WPC 31333/17


                APPENDIX OF WP(C) 31333/2017

PETITIONER EXHIBITS
EXHIBIT P1          TRUE COPY OF THE RESOLUTION.
EXHIBIT P2          TRUE COPY OF THE ORDER DATED 04.5.2016.
EXHIBIT P3          TRUE COPY OF THE ENTITLEMENT OF THE 1ST

PETITIONER IN TERMS OF THE PAY REVISION ORDER.

EXHIBIT P3(A) TRUE COPY OF THE ENTITLEMENT OF THE 2ND PETITIONERIN TERMS OF THE PAY REIVISION ORDER.

EXHIBIT P3(B) TRUE COPY OF THE ENTITLEMENT OF THE 3RD PETITIONER IN TERMS OF THE PAY REVISION ORDER.

EXHIBIT P3(C) TRUE COPY OF THE ENTITLEMENT OF THE 4TH PETITIONER IN TERMS OF THE PAY REVISION ORDER.

EXHIBIT P3(D) TRUE COPY OF THE ENTITLEMENT OF THE 5TH PETITIONER IN TERMS OF THE PAY REVISION ORDER.

EXHIBIT P3(E) TRUE COPY FO THE ENTITLEMENT OF THE 6TH PETITIONER IN TERMS OF THE PAY REVISION ORDER.

EXHIBIT P4 TRUE COPY OF THE CALCULATION STATMENT OF THE FIXATION OF PAY IN TERMS OF THE PAY REVISION ORDER PREPARED BY THE 1ST PETITIONER.

EXHIBIT P4(A) TRUE COPY OF THE CALCULATION STATMENT OF THE FIXATION OF PAY IN TERMS OF THE PAY REVISION ORDER PREPARED BY THE 2ND PETITIONER.

EXHIBIT P4(B) TRUE COPY OF THE CALCULATION STATMENT OF THE FIXATION OF PAY IN TERMS OF THE PAY REVISION ORDER PREPARED BY THE 3RD PETITIONER.

EXHIBIT P4(C) TRUE COPY OF THE CALCULATION STATMENT OF THE FIXATION OF PAY IN TERMS OF THE PAY REVISION ORDER PREPARED BY THE 4TH PETITIONER.

EXHIBIT P4(D) TRUE COPY OF THE CALCULATION STATMENT OF THE FIXATION OF PAY IN TERMS OF THE PAY REVISION ORDER PREPARED BY THE 5TH PETITIONER.

EXHIBIT P4(E) TRUE COPY OF THE CALCULATION STATMENT OF THE FIXATION OF PAY IN TERMS OF THE PAY REVISION ORDER PREPARED BY THE 6TH PETITIONER.

WPC 31333/17

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C) 22693 OF 2016 DATED 10.08.2016 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 29.4.2017