Kerala High Court
The Titanium Labour Co Operative ... vs Devabhanu David on 20 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Tuesday, the 20th day of June 2023 / 30th Jyaishta, 1945
WA NO. 693 OF 2023
(AGAINST THE JUDGMENT DATED 14/11/2022 IN WP(C) 31479/2022 OF THIS COURT)
PETITIONER:
1. THE TITANIUM LABOUR CO OPERATIVE SOCIETY LTD NO T 206, REPRESENTED
BY ITS SECRETARY KOCHUVELI, THIRUVANANTHAPURAM, PIN - 695021
2. SECRETARY, THE TITANIUM LABOUR CO OPERATIVE SOCIETY LTD NO T 206,
KOCHUVELI, THIRUVANANTHAPURAM, PIN - 695021
BY ADV.M/S.S.CHANDRASEKHARAN NAIR, S.JAYANT, JEREES J., PRASANTH N.L.&
S.CHANDRASEKHARAN NAIR
RESPONDENT:
1. DEVABHANU DAVID, AGED 61 YEARS, USHUS, CHEENIVILA, KANJIRAMKULAM
P.O, THIRUVANANTHAPURAM, PIN - 695524
2. REGISTRAR OF CO OPERATIVE SOCIETIES, OFFICE OF REGISTRAR OF CO
OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN - 695001
3. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, OFFICE OF THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN -
695001
4. ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES, OFFICE OF ASSISTANT
REGISTRAR OF CO OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN -
695001
BY ADV.SRI.R.T.PRADEEP (B/O) FOR R1
BY SENIOR GOVERNMENT PLEADER (B/O) FOR R2 TO R4
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 14/11/2022 in W.P (C). No.
31479 of 2022 of the Learned Single Judge.
This Writ Appeal again coming on for orders on 20/06/2023 upon
perusing the appeal memorandum and this Court's order dated 29.05.2023,
the court passed the following:
ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
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W.A.No.693 of 2023
(arising out of the impugned judgment dated 14.11.2022 in WP(C). No.31479/2022)
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Dated this the 20th day of June, 2023
ORDER
Paragraph No.2 of the interim order dated 29.05.2023 of this
appeal reads as follows:
"2. After having heard both sides, it is ordered in the interest of justice
that the 4th respondent-Assistant Registrar (Co-operative Societies)
will be at liberty to proceed with the execution of Ext.P2 award dated
23.01.2019 for the period upto 11.01.2021 (date prior to Ext.P11
exemption order dated 12.01.2021). The issue as to whether the award
could be executed even for the period from 12.01.2021 onwards, i.e., the
date of issuance of Ext.P11 exemption order, will be decided later and
the award enforcement for the period from 12.01.2021 onwards will
remain stayed."
2. The learned counsel for the appellant submits that the above
said interim order may be appropriately altered, as otherwise the said
order proceed from the premise, as if Ext.P11 exemption order came into
operation prospectively from the date of issuance of Ext.P11 dated
12.01.2021.
3. After having heard both sides, it is seen that the claim petition
for the Pay Revision benefits in Ext.P1 order, granted as per Ext.P2
award, was for the period from 01.04.2009 to 18.02.2012. It can be seen
from Ext.P12 order dated 12.01.2021, which is said to be in pursuance of
W.A. No.693 of 2023
Ext.P2 award dated 23.01.2019, that the claim period is from
01.04.2009 to 18.02.2012. Later, the Registrar has issued Ext.P11 order
dated 12.01.2021, granting exemption to the above Co-operative Society
for the obligation to the Pay Revision benefits for the period from
01.04.2009 to 01.04.2013. It is ordered by the learned Single Judge, as
evident from Ext.P12 that Ext.P2 award seeking for enforcement to the
Pay Revision benefits for the period from 01.04.2009 to 18.02.2012
cannot be executed in view of Ext.P11 exemption order, which is for the
Pay Revision benefits for the period from 01.04.2009 to 01.04.2013.
Therefore, the interim order dated 29.05.2023 was proceeded with an
erroneous premise. Hence, it is ordered that, for the time being, the
enforcement of the impugned judgment dated 14.11.2022 in WP(C)
No.31479/2022 will remain stayed.
4. Sri.R.T.Pradeep, learned counsel appearing for the writ
petitioner/R1 in W.A, submits that the petitioner has specific prayer in
the W.P.(C) for the quashment of not only Ext.P12 but also Ext.P11
exemption order.
5. The 2nd respondent/Registrar of Co-operative Societies, who
is the author of Ext.P11 exemption order, will immediately furnish
detailed instructions and approach this Court as to the factual
W.A. No.693 of 2023
materials, on the basis of which, he has decided to grant exemption to
the respondent Co-operative Society from the obligation to pay the Pay
Revision benefits for the period from 01.04.2009 to 01.04.2013 and as
to the financial health of the said Society for the above said period and
as to why exemption was not granted for the period before and,
thereafter, and also regarding the factual aspects of the financial status
of the Society for the period immediately prior to 01.04.2009 and the
period immediately after 01.04.2013. The copy of the request made by
the respondent Co-operative Society seeking for exemption, which led
to Ext.P11, should also be produced for the perusal of this Court by the
2nd respondent Co-operative Society on the above said points within a
period of two weeks.
6. Sri.R.T.Pradeep, learned counsel appearing for R1
herein/writ petitioner, submits that the appellant has already filed
statutory appeal before the Co-operative Appellate Tribunal to impugn
Ext.P3 award and orders are reserved for delay condonation application
and orders are expected soon. Both sides will appraise this Court as to
the outcome of the delay condonation application in the appeal said to
be have been filed before the Co-operative Appeallate Tribunal and also
as to whether the appeal has been admitted and as to whether stay has
W.A. No.693 of 2023
been granted etc.
List on 24.07.2023.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
C.JAYACHANDRAN, JUDGE
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