Kerala High Court
Ravi L vs State Of Kerala on 12 April, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 30082 OF 2019
PETITIONER:
RAVI L.,
AGED 59 YEARS,
S/O. LAKSHMANAN, RESIDING AT CC NO.8/1035-B,
KOCHERY PARAMBU, PRIYANKA NIVAS, R.G.PAI ROAD,
MATTANCHERY PO, ERNAKULAM DISTRICT,
KOCHI-682 002.
BY ADVS.
ANEESH JAMES
SMT.M.D.BEENA
SRI.JIJO THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF CO-OPERATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
JAGATHY, THYCADU, THIRUVANANTHAPURAM-695 014.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
CIVIL STATION, BLOCK-B, 5TH FLOOR, ERNAKULAM,
COCHIN-682 030.
4 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL)
OCHANTHURUTH SERVICE CO-OPERATIVE BANK BUILDING,
MURUKKUMPADAM BRANCH, AZHEEKKAL PO, PIN-682 508.
5 KOCHIN CO-OPERATIVE SOCIETY LTD.
NO.E-100, LALAN ROAD, COCHIN-682 002,
REPRESENTED BY ITS SECRETARY.
WP(C) NO. 30082 OF 2019 -2-
6 THE SECRETARY
KOCHIN CO-OPERATIVE SOCIETY LTD., NO.E-100,
LALAN ROAD, COCHIN-682 002.
7 THE MANAGING COMMITTEE
KOCHIN CO-OPERATIVE SOCIETY LTD., NO.E-100,
LALAN ROAD, COCHIN-682 002, REPRESENTED BY THE
PRESIDENT.
BY ADVS.
SRI.P.GEORGE VARGHESE
SHRI. VIJEESH K.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W.P.(C) No.30082 of 2019
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Dated this the 12th day of April, 2024
J U D G M E N T
The writ petition is filed seeking action against
respondents 6 and 7 in the light of Ext.P6 Circular
No.44/2012 of the Registrar of the Co-operative
Societies and a direction against them to pay an amount
of ₹ 1,15,929/-(employer's contribution of pension) with
interest.
2. The petitioner was an employee of the 5 th
respondent Society. He retired from the services in
June, 2017. After retirement his pension was not
disbursed. On enquiry it was understood that pension
could not be processed as the 5 th respondent-employer
had defaulted payment of contribution of an amount of
₹ 1,15,929/-. Since the 5 th respondent failed to remit
the amount in spite of requests in the said regard, to
enable payment of pension, the petitioner on 24.10.2017
remitted the employer's outstanding contribution of
₹ 1,15,929/-. In spite of repeated requests, the 5 th
respondent failed to pay the said amount to the
petitioner.
3. Left with no other alternative, the petitioner
filed Ext.P3 complaint before the Joint Registrar. The
Joint Registrar passed Ext.P4 order dated 12.09.2018
wherein it was noticed that, the Society, instead of
paying the contribution amount of ₹ 1,15,929/- payable
to the petitioner, an amount of ₹ 3,54,611/- being the
profit for the year 2016-17 was transferred to the
building fund. As per Ext.P4, the Assistant Registrar
cautioned the sixth respondent with regard to the
coercive measures provided for under Circular No.44/12
and directed payment of the amount to the petitioner.
Inspite of Ext.P4 order by the Assistant Registrar since
no steps were taken by respondents 5 to 7 for payment of
the amount to the petitioner, the petitioner filed
Ext.P7 complaint before the Registrar of Co-operative
Societies. On the directions of this Court in Ext.P8
judgment in WP(C) No.9145/2019 at the instance of the
petitioner, the complaint of the petitioner was
considered and Ext.P9 order was passed by the third
respondent. However, Ext.P9 only directed the Managing
Committee to take steps for payment of the amount to the
petitioner. It is aggrieved thereby that the petitioner
has approached this Court.
4. I have heard learned counsel on either side.
5. The fact that the 5th respondent Society failed
to remit the Employer's Contribution of ₹ 1,15,929/- and
that the petitioner was constrained to pay the same is
not in dispute. The contention of respondents 5 to 7 is
that the Society is not possessed of sufficient funds to
reimburse the petitioner.
6. In Ext.P4 order dated 12.09.2018 the Assistant
Registrar has noted that though the amount payable to
the petitioner was only ₹ 1,15,929/- and as per the
Audit Report 2016-17 the Society had a profit of
₹ 3,54,611/-, without paying off the liability the said
amount was transferred to building fund. The direction
in Ext.P4 to pay the amount to the petitioner was not
complied with even in spite of Ext.P9 order of the Joint
Registrar.
7. Exts.P4 and P9 orders referred to Circular
No.44/2012 dated 19.11.2012 issued by the Registrar of
Co-operative Societies, a copy of the Circular has been
produced as Ext.P6. Clause-3 of the Circular reads
thus:-
"(3) tað {]-Im-cw s]³-j³ tIm¬-{Sn-_q-j³ b-Ym-ka-
bw k-lI-c-W s]³-j³ t_mÀ-Unð A-S-hm-¡p-ó-Xnð
hogv-N h-cp-¯p-ó ]-£w B-b-Xn-\v D-¯-c-hm-Zn-Ifm-b
kw-Lw No-^v F-Iv-kn-Iyq-«o-hv/`-c-W-k-an-Xn Aw-K-§Ä
F-ónh-sc A-tbm-Ky-cm-¡n A-h-cp-sS tað hy-àn-]-c-am-
bn ]n-g Np-a-¯p-ó-XmWv."
It provides for disqualification of the Chief Executive
and the Managing Committee members. It also provides for
imposing of penalty on them for non-payment of pension
contribution in time.
8. Though the 5th respondent had filed appeal
against Ext.P9 order before the Government in terms of
Section 83 of the Co-operative Societies Act, it is
reported that the same was dismissed as per order dated
14.08.2023. The amount remains unpaid. In the
circumstances, there is no reason why action should not
be taken against the Chief Executive and the Managing
Committee members in terms of Clause-3 of Circular
No.44/2012.
9. It is submitted across the bar that the very
same Secretary and Managing committee who were in office
during the period 2016-2017 are still holding office.
10. The amount of ₹ 1,15,929/- which was due as the
employers' pension contribution and was paid by the
petitioner is liable to be recovered from respondents 6
and 7 jointly and severally treating it as penalty and
having it recovered through Revenue Recovery
proceedings. So also steps are to be taken in terms of
Clause-3 of Circular 44/2012 for their disqualification.
The proceedings as above shall be taken to a logical
conclusion within a period of three months from today.
Petitioner to produce a copy of this judgment before
respondents 2 to 4 to enable compliance with the
directions. Writ petition is ordered as above.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 30082/2019
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE LETTER DATED 30.9.2017
ISSUED BY THE ADDITIONAL
REGISTRAR/SECRETARY OF THE PENSION BOARD TO
THE 5TH RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE COUNTERFOIL DATED
24.10.2017 OF THE ERNAKULAM DISTRICT CO-
OPERATIVE BANK LTD., ERNAKULAM BRANCH,
SHOWING THE REMITTANCE OF RS.1,15,929/- BY
THE PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE COMPLAINT DATED
11.5.2018 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 12.9.2018
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION DATED
12.10.2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE CIRCULAR NO.44/2012
DATED 19.11.2012 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED
21.1.2019 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 28.5.2019 IN WPC NO.9145 OF
2019.
EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 5.8.2019
ISSUED BY THE 3RD RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT A TRUE PHOTOCOPY OF THE APPEAL DATED
R6(a): 19/10/2019 BEFORE THE GOVERNMENT FILED BY
THE 6TH RESPONDENT SOCIETY.
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