Kerala High Court
Kerala State Transport Workers ... vs M.Badharneesa 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. 41900 OF 2022
PETITIONER:
KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD
NO.T 133, S.S.KOVIL ROAD, THAMPANOOR,
THIRUVANANTHAPURAM-695 001 REPRESENTED BY ITS
SECRETARY, SHRI V.M. ANILKUMAR S/O MADHAVAN THAMPI,
AGED 57 YEARS, RESIDING AT YAVANAM, GRA 639,
GOWREESAPATTOM, THIRUVANANTHAPURAM-695 004.
BY ADV N.UNNIKRISHNAN
RESPONDENTS:
1 M.BADHARNEESA, AGED 52 YEARS
W/O LATE SRI. S.M. ETHIREES, "K.V. HOUSE", VAZHIMUKKU,
BALARAMAPURAM, THIRUVANANTHAPURAM-695 501. (WIDOW OF
SRI. S.M. ETHIREES, VEHICLE SUPERVISOR (RETIRED),
KERALA STATE ROAD TRANSPORT CORPORATION, NEYYATTINKARA)
2 KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023
REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR.
3 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN,FORT, THIRUVANANTHAPURAM-695 023.
4 THE PERSONNEL OFFICER (PENSION AND AUDIT),
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM-695 023.
5 THE DISTRICT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION, NEYYATTINKARA,
THIRUVANANTHAPURAM-695 121.
BY ADV ANANDA RAJAN.N
SRI DEEPU THANKAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 41900 OF 2022
2
JUDGMENT
The petitioner, which is a Co-operative
Society, alleges that the deceased husband of
the 1st respondent - S.M.Ethirees, had availed
of certain loans from them, on the strength of
Ext.P3 statutory undertaking - given under the
provisions of Section 37 of the Kerala Co-
operative Societies Act ('KCS' Act). They say
that, however, on account of the death of
S.M.Ethirees, KSRTC is now likely to pay his
entire retiral benefits to the 1st respondent
and therefore, that they are aggrieved; thus
constraining them to approach this Court. They
pray that the 2nd respondent - KSRTC be directed
to pay to them the amount of Rs.4,38,962/-,
with eligible interest, which is the figure
arrived at under a One Time Settlement Scheme,
as requested by the petitioner, through Ext.P6,
within a time frame to be fixed by this Court.
WP(C) NO. 41900 OF 2022
2. The afore submissions of
Sri.N.Unnikrishnan - learned counsel for the
petitioner, were, however, controverted by
Sri.N.Ananda Rajan - learned counsel for the 1st
respondent, saying that several amounts
collected from her husband's salary by the
KSRTC were either not paid, or remitted to the
petitioner - Society belatedly; and therefore,
that the burden of interest cannot be mulcted
upon his client. He also argued that, as per
the applicable circular of the Registrar of
Co-operative Societies, his client is entitled
to a much lower figure, for settling the loan
account, particularly when it is conceded that
the aforementioned late S.M.Ethirees died on
account of COVID -19 related complications.
3. Smt.Ummul Fida - learned counsel
representing the learned Standing Counsel for
the KSRTC, submitted that she has no
instructions whether the pensionary benefits of
WP(C) NO. 41900 OF 2022
late S.M.Ethirees have already been disbursed;
and that if it is not so, then they are willing
to abide by any direction to be issued by this
Court. She, however, prayed that sufficient
time be granted to her client, because they are
going through extreme financial crisis.
4. When I evaluate the afore rival
submissions, it is indubitable that issues
analogous to the ones presented in this case,
have already been noticed by this Court and
concluded upon in Ext.P1 judgment. As ordered
therein, it is for the KSRTC to first convince
the 1st respondent that all the amounts
recovered from her husband's salary had been
remitted to the petitioner - Society, so that
she can then pursue her eligible remedies -
including for a One Time Settlement - with them
appositely.
In the afore perspective, I dispose of this
writ petition, guided by Ext.P1 judgment, in
WP(C) NO. 41900 OF 2022
the following manner:
a) The competent Authority of the KSRTC
will immediately issue a statement of account
to the 1st respondent, showing the amounts
remitted to the petitioner - Society.
b) The 1st respondent will be at liberty
to approach the petitioner - Society and seek
all benefits of the One Time Settlement as per
the circular of the Registrar of Co-operative
Societies or such other competent statutory
Authority; and if this is done within a period
of one month from the date of receipt of a copy
of this judgment, same shall be considered,
after hearing her, leading to a fresh
computation, dehors the earlier one - which is
mentioned in paragraph 3 of this writ petition.
c) On the figure being so adjudicated and
adjudged by the Society and subject to the
right of the 1st respondent to challenge it in
any manner that she may be interested, the
WP(C) NO. 41900 OF 2022
Society is left liberty to approach the KSRTC
and seek that said amounts be transferred to
them, provided they are able to establish that
late S.M.Ethirees had furnished a statutory
undertaking under Section 37 of the KCS Act
covering his retiral benefits also. For this,
the KSRTC shall hear the Society, as also the
1st respondent and an appropriate proceedings
settled within a period of one month
thereafter.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 41900 OF 2022
APPENDIX OF WP(C) 41900/2022
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF JUDGMENT DATED 18.07.2022 IN
W.P.(C) NO. 22651/2022
Exhibit P2 A TRUE COPY OF CERTIFICATE OF SALARY
LIABILITY AND MEMBERSHIP IN CO-OPERATIVE FOR
LOAN SUBMITTED BY THE HUSBAND OF THE FIRST
RESPONDENT.
Exhibit P3 A TRUE COPY OF CONSENT LETTER DATED
16.05.2015 SUBMITTED BY SHRI S.M. ETHIREES,
HUSBAND OF THE FIRST RESPONDENT.
Exhibit P4 A TRUE COPY OF SURETY BOND DATED 16.05.2015.
Exhibit P5 A TRUE COPY OF AWARD DATED 06.07.2018 IN ARC
NO. 1306/2018.
Exhibit P6 A TRUE COPY OF LETTER OF 1ST RESPONDENT
SUBMITTED TO THE PRESIDENT OF THE PETITIONER
SOCIETY.
Exhibit P7 A TRUE COPY OF ONE TIME SETTLEMENT
APPLICATION SHOWING THE DECISION OF THE
ARBITRATOR FIXING THE RATE OF INTEREST @9%
PER ANNUM AND CLOSING THE ACCOUNT.
Exhibit P8 A TRUE COPY OF STATEMENT OF ACCOUNT OF LOAN
NO. BAL 55723 AVAILED BY LATE SHRI S.M.
ETHIREES (MEMBER NO. 19790)
RESPONDENTS' EXHIBITS
EXHIBIT R1(A) TRUE COPY OF CERTIFICARTE OF OFFICIAL
DOCUMENT FOR COVID-19 DEATH
EXHIBIT R1(B) TRUE COPY OF APPLICATION DATED 23.9.2022
FILED BY THE 1ST RESPONDENT BEFORE THE
REGISTRAR OF CO-OPERATIVE SOCIETIES WITH COPY
TO PETITIONER SOCIETY
EXHIBIT R1(C) TRUE COPY OF CIRCULAR NO. 32/2021 DATED
WP(C) NO. 41900 OF 2022
13.8.2021 ISSUED BY THE REGISTRAR OF CO-
OPERATIVE SOCIETIES
EXHIBIT R1(D) TRUE COPY OF LETTER NO. CP(5)8332/2022 DATED
28.9.2022 SENT BY THE REGISTRAR OF CO-
OPERATIVE SOCIETIES TO THE JOINT REGISTRAR
(GENERAL), THIRUVANAANTHAPURAM
EXHIBIT R1(E) TRUE COPY OF LETTER NO. ST 7182/2022 DATED
11.10.2022 SENT BY THE JOINT REGISTRAR
(GENERAL), THIRUVANANTHAPURAM TO THE DEPUTY
REGISTRAR (GENERAL), THIRUVANANTHAPURAM
EXHIBIT R1(F) TRUE COPY OF LETTER NO.FT/E/997/2022 DATED
23.11.2022 SENT BY THE ASSISTANT REGISTRAR
(GENERAL) TO PETITIONER SOCIETY
//TRUE COPY//
P.A. TO JUDGE
