Aysha Beevi E.K vs The Joint Registrar Of ...
2023 Latest Caselaw 6729 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                      WP(C) NO. 24421 OF 2021
PETITIONER:

           AYSHA BEEVI E.K,
           AGED 42 YEARS
           W/O. SADHAKKATHULLA, PADATHAN HOUSE VEMBILLY
           P.O, PIN 683 562, ERNAKULAM DISTRICT.
           BY ADVS.
           I.SHEELA DEVI
           B.DEEPALAKSHMI


RESPONDENTS:

    1      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
           (GENERAL),ERNAKULAM, KAKKANAD,
           CIVIL STATION, KOCHI 682 030.
    2      THE ASSISTANT REGISTRAR (GENERAL),
           KUNNATHUNAD, ERNAKULAM DISTRICT, PIN 683 565
    3      THE KUNNATHUNAD SERVICE CO-OPERATIVE BANK LTD.
           NO. E3,KUMARAPURAM,
           ERNAKULAM DISTRICT, PIN 683 565,
           REPRESENTED BY ITS SECRETARY.
           BY ADVS.
           M.M.MONAYE
           M.PAUL VARGHESE
           K.V.SANOSH

           SRI RIYAL DEVASSY-GP


        THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY
HEARD ON 20.06.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WPC 24421/2021
                                  ..2..


                          JUDGMENT

By efflux of time and the pendency of this lis, the parties

are ad idem that, except an amount of Rs.1,00,000/- - which is

payable to the petitioner as part of her Contributory Provident

Fund - and the amounts under leave surrender, have been

settled by the Society in favour of the petitioner.

2. Sri.M.M.Monaye - learned Standing Counsel for the

Society, submitted that an amount of Rs.1,00,000/- against the

Contributory Provident Fund of the petitioner has been

withheld only because of an Audit objection; but that his client

is willing to pay the same to the petitioner, subject to their

right to initiate Arbitration proceedings against her, if it

becomes so warranted in future. As regards the leave

surrender, he explained that Ext.P6 order of the Joint Registrar

stands in the way of such benefits being granted; and that,

therefore, the petitioner must challenge the same, if she wants

any further relief.

3. Smt.I.Sheela Devi - learned counsel for the

petitioner, affirmed the afore and requested that liberty be

reserved to her client to challenge Ext.P6, or such other

proceedings appropriately.

WPC 24421/2021 ..3..

In the afore circumstances, I allow this writ petition with

the following directions:

a. The Society will pay to the petitioner the balance in

her Contributory Provident Fund - which is stated to be

Rs.1,00,000/- - within a period of one month from the date of

receipt of a copy of this judgment; however, with liberty being

reserved to them to initiate any action against her in future, if

it becomes so warranted, including under Section 69 of the

Kerala Co-operative Societies Act.

b. The petitioner is granted liberty to challenge Ext.P6

or such other appropriate orders, with respect to her benefits

against leave surrender; for which purpose all contentions are

left open.

c. I also leave liberty to the petitioner to move the Co-

operative Pension Board for any benefit that may accrue or is

available to her under the statutory Pension Scheme; for which

purpose, also all contentions are left open.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR WPC 24421/2021 ..4..

APPENDIX OF WP(C) 24421/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RESIGNATION LETTER DATED 06.02.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT BANK.

Exhibit P2 TRUE COPY OF THE INTIMATION DATED 10.04.2019 SENT BY 3RD RESPONDENT BANK TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER NO. KN 1090/19 DATED 07.09.2019 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT BANK.

DATED 07.02.2020 OF THE COMMITTEE MEETING NO. 7 HELD BY 3RD RESPONDENT BANK.

Exhibit P6 TRUE COPY OF THE ORDER NO. C.S.

6812/19/L.DIS DATED 17.02.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 13.09.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 16.09.2021 ISSUED BY THE RESPONDENT BANK TO THE PETITIONER.

Exhibit P9 TRUE COPY OF THE RECEIPT NO. 5784 DATED 20.09.2018 ISSUED BY THE 3RD RESPONDENT BANK TO SRI. BINOY MATHEW.