Kerala High Court
Ernakulam District Co-Operative ... vs The Joint Registrar (General) on 10 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:75438
WP(C) Nos.10880 & 10970 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 10880 OF 2024
PETITIONER:
ERNAKULAM DISTRICT CO-OPERATIVE EMPLOYEES'
HOUSING CO-OPERATIVE SOCIETY LTD. NO. E.933,
REPRESENTED BY ITS SECRETARY
SITARAM COMPLEX, 1ST FLOOR, CHITTOOR ROAD,
KACHERIPADY, KOCHI., PIN - 682018
BY ADV JAMES ABRAHAM (VILAYAKATTU)
RESPONDENTS:
1 THE JOINT REGISTRAR (GENERAL)
OFFICE OF THE CO-OPERATIVE JOINT REGISTRAR,
KAKKANAD, ERNAKULAM., PIN - 682030
2 THE SECRETARY,
KERALA STATE HANDICRAFTS APEX CO-OPERATIVE
SOCIETY LTD. NO. H. 231
HEAD OFFICE, MANNANCHERIL BUILDING,
KANNANTHODATHU LANE, ERNAKULAM TOWN,
ERNAKULAM., PIN - 682016
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WP(C) Nos.10880 & 10970 of 2024
2
3 SHARA JOSE K.
LOWER DIVISION CLERK,
KERALA STATE HANDICRAFTS APEX CO-OPERATIVE
SOCIETY LTD. NO. H. 231, HEAD OFFICE,
MANNANCHERIL BUILDING, KANNANTHODATHU LANE,
ERNAKULAM TOWN, ERNAKULAM., PIN - 682016
4 JAYARAJ K.G
SALES ASSISTANT GRADE II,
KERALA STATE HANDICRAFTS APEX CO-OPERATIVE
SOCIETY LTD. NO. H. 231,
KTDC BUILDING MARINE DRIVE,
ERNAKULAM., PIN - 682031
5 RAVI C.L.
PEON/PACKER,
KERALA STATE HANDICRAFTS APEX CO-OPERATIVE
SOCIETY LTD. NO. H. 231,
KTDC BUILDING MARINE DRIVE,
ERNAKULAM., PIN - 682031
SR.RAVI KRISHNA
SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.10.2024, ALONG WITH WP(C).10970/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:75438
WP(C) Nos.10880 & 10970 of 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 10TH DAY OF OCTOBER 2024/18TH ASWINA, 1946
WP(C) NO. 10970 OF 2024
PETITIONER:
ERNAKULAM DISTRICT CO-OPERATIVE EMPLOYEES'
HOUSING CO-OPERATIVE SOCIETY LTD. NO. E.933,
REPRESENTED BY ITS SECRETARY
SITARAM COMPLEX, 1ST FLOOR,
CHITTOOR ROAD, KACHERIPADY,
KOCHI., PIN - 682018
BY ADV JAMES ABRAHAM (VILAYAKATTU)
RESPONDENTS:
1 THE JOINT REGISTRAR (GENERAL)
OFFICE OF THE CO-OPERATIVE JOINT REGISTRAR,
KAKKANAD, ERNAKULAM., PIN - 682030
2 THE SECRETARY,
KERALA STATE HANDICRAFTS APEX CO-OPERATIVE
SOCIETY LTD. NO. H. 231, HEAD OFFICE,
MANNANCHERIL BUILDING, KANNANTHODATHU LANE,
ERNAKULAM TOWN, ERNAKULAM-, PIN - 682016
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WP(C) Nos.10880 & 10970 of 2024
4
3 JAYARAJ K.G.
SALES ASSISTANT GRADE II,
KERALA STATE HANDICRAFTS APEX CO-OPERATIVE
SOCIETY LTD. NO. H. 231, KTDC BUILDING
MARINE DRIVE, ERNAKULAM., PIN - 682031
4 RAVI C.L.,
PEON/PACKER,
KERALA STATE HANDICRAFTS APEX CO-OPERATIVE
SOCIETY LTD. NO. H. 231,
KTDC BUILDING MARINE DRIVE,
ERNAKULAM., PIN - 682031
5 SHARA JOSE K.
LOWER DIVISION CLERK,
KERALA STATE HANDICRAFTS APEX CO-OPERATIVE
SOCIETY LTD. NO. H. 231, HEAD OFFICE,
MANNANCHERIL BUILDING, KANNANTHODATHU LANE,
ERNAKULAM TOWN, ERNAKULAM-., PIN - 682016
BY ADVS.
O V MANIPRASAD
JOSE ANTONY(K/778/2011)
HARIKRISHNAN P.(K/470/2020)
SRI.RAVIKRISHNA
SMT.ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.10.2024, ALONG WITH WP(C).10880/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:75438
WP(C) Nos.10880 & 10970 of 2024
5
JUDGMENT
Dated this the 10th day of October, 2024
[W.P.(C) Nos.10880 and 10970 of 2024]
These writ petitions have been filed by the Ernakulam
District Co-operative Employees' Housing Co-operative
Society Limited seeking to direct the 2 nd respondent-
Secretary, Kerala State Handicrafts Apex Co-operative
Society Limited to deduct dues to the Society towards loans
taken by the borrowers / guarantors, who are employees of
the 2nd respondent-Society.
2. The pleadings in the writ petition would
indicate that the borrowers and guarantors have given
undertakings that in case of default in repayment, the amount
due to the Society can be deducted from the salary as well as
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WP(C) Nos.10880 & 10970 of 2024
terminal benefits of the borrowers / guarantors.
3. Counsel for the borrower / guarantor would
submit that they are not being paid salary by the Society for
more than 11/2 years and the amounts can be deducted as
and when the salary is being paid.
4. Standing Counsel for the 2nd respondent-
Society submits that the 2nd respondent is intending to sell a
landed property situated at Kovalam and is awaiting sanction
from the State Government. After the sale of the property, the
2nd respondent will be able to run the Society properly paying
salary to its employees.
5. Heard.
6. It is not disputed that the borrowers /
guarantors involved in these writ petitions have agreed to
deduct amounts due to the 2nd respondent from their salary, in
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the event of default made by the borrowers. There are
undertakings given by the borrowers and guarantors to deduct
amounts from their terminal benefits also.
In the circumstances, these writ petitions are
disposed of directing the 2nd respondent-Secretary, Kerala
State Handicrafts Apex Co-operative Society Limited to
deduct amounts due to the petitioner from the salary and
other service benefits payable to the borrowers / guarantors.
Only the monthly deduction as sought for from the salary can
be deducted from the salary arrears of the borrowers /
guarantors and the 2nd respondent shall not deduct the entire
amount payable to the petitioner by way of salary. In W.P.(C)
No.10970 of 2024, the principal borrower is retired and
therefore, the 2nd respondent can recover it only from the
guarantors. In the circumstances, if there is any undertaking
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WP(C) Nos.10880 & 10970 of 2024
given by the borrower in W.P.(C) No.10970/2024, then the
2nd respondent shall deduct the amount from the terminal
benefits payable to the borrower.
Sd/-
N.NAGARESH
JUDGE
spk
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WP(C) Nos.10880 & 10970 of 2024
APPENDIX OF WP(C) 10880/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FORM
DATED 30.03.2022
Exhibit P2 TRUE COPY OF THE EMPLOYMENT
CERTIFICATE WITH AGREEMENT FOR
RECOVERY DATED 30.3.2022 EXECUTED BY
THE 3 RD RESPONDENT IN FAVOUR OF THE
PETITIONER
Exhibit P3 TRUE COPIES OF EMPLOYMENT CERTIFICATE
WITH AGREEMENT FOR RECOVERY DATED
30.05.2022 EXECUTED BY THE RESPONDENTS
4 AND 5 IN FAVOUR OF THE PETITIONER
Exhibit P4 TRUE COPY OF CONSENT LETTER ISSUED BY
THE RESPONDENTS 3 TO 5 DATED 31.3.2022
TO THE PETITIONER
Exhibit P5 TRUE COPY OF AGREEMENT WITH THE
SOCIETY DATED 31.3.2022 EXECUTED BY 3
RD RESPONDENT
Exhibit P6 A TRUE COPY OF THE DEMAND LIST FOR THE
MONTH OF FEBRUARY, 2024
Exhibit P7 A TRUE COPY OF THE AWARD DATED
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WP(C) Nos.10880 & 10970 of 2024
APPENDIX OF WP(C) 10970/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FORM
DATED 30.03.2022
Exhibit P2 TRUE COPIES OF EMPLOYMENT CERTIFICATE
WITH AGREEMENT FOR RECOVERY DATED
30.05.2022 EXECUTED BY THE RESPONDENTS
3 AND 4 IN FAVOUR OF THE PETITIONER
Exhibit P3 TRUE COPY OF THE EMPLOYMENT
CERTIFICATE WITH AGREEMENT FOR
RECOVERY DATED 30.3.2022 EXECUTED BY
THE 5TH RESPONDENT IN FAVOUR OF THE
PETITIONER
Exhibit P4 TRUE COPY OF CONSENT LETTER ISSUED BY
THE RESPONDENTS 3 TO 5 DATED 31.3.2022
TO THE PETITIONER
Exhibit P5 TRUE COPY OF AGREEMENT WITH THE
SOCIETY DATED 31.3.2022 EXECUTED BY
3RD RESPONDENT
Exhibit P6 A TRUE COPY OF THE DEMAND LIST FOR THE
MONTH OF FEBRUARY, 2024
Exhibit P7 A TRUE COPY OF THE AWARD DATED
