Kerala High Court
Sally Kurian vs Joint Registrar Of Co-Operative ... on 23 October, 2024
2024:KER:79071
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 23 RD DAY OF OCTOBER 2024 / 1ST
KARTHIKA, 1946
WP(C) NO. 28724 OF 2022
PETITIONER/S:
SALLY KURIAN
AGED 60 YEARS
THEKKECHERUVIL HOUSE, KURUMULLOOR P.O.,
KOTTAYAM - 686 632
BY ADVS.
SHAJI THOMAS
MOHAN PULIKKAL
JEN JAISON
RESPONDENT/S:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) CIVIL STATION, KOTTAYAM - 686 002
2 ASSISTANT REGISTRAR
OF CO-OPERATIVE SOCIETIES (GENERAL)
NAGAMPADAM P.O., KOTTAYAM DISTRICT - 686 001
3 THE MANAGING COMMITTEE,
THE KOTTAYAM RUBBER MARKETING CO-OPERATIVE
SOCIETY LTD. NO. K.778, KANJIKUZHY, KOTTAYAM
W.P.(C) No.28724 of 2022
2024:KER:79071
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DISTRICT - 686 004 REPRESENTED BY ITS
PRESIDENT
4 THE KOTTAYAM RUBBER MARKETING
CO-OPERATIVE SOCIETY LTD. NO. K.778,
KANJIKUZHY, KOTTAYAM DISTRICT - 686 004
REPRESENTED BY ITS SECRETARY
BY ADVS.
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
T.C.KRISHNA
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
GOKUL KRISHNA
OTHER PRESENT:
SMT.SONY K.B,GP
THIS WRIT PETITION (CIVIL) HAVING BEEN
FINALLY HEARD ON 23.10.2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.28724 of 2022
2024:KER:79071
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JUDGMENT
Dated this the 17th day of October, 2024
The petitioner was working with the 4th respondent till
2020 when she retired from service. The petitioner points out
that she is entitled for gratuity, leave surrender etc. and such
amounts are not being disbursed to the petitioner. Again, it is
pointed out that the petitioner was having certain fixed
deposits worth Rs.6,44,900/- with the 4 th respondent Society,
which have matured during 2022 and even thereafter such
maturity, the Society has not made payments to the petitioner.
2. In such circumstances, the captioned writ petition is
filed seeking appropriate directions to respondents 3 and 4 to
pay the amounts due to the petitioner as noticed above, within
a time frame.
3. The 4th respondent has filed a counter affidavit
dated 04.03.2023, admitting the liability as regards the fixed
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deposits. It is pointed out that the liability could be cleared
once the properties of the 4th respondent is disposed of. As
regards the terminal benefits like gratuity, leave surrender etc,
the 4th respondent points out that they are facing acute
financial difficulties on account of which they are finding it
difficult to honour the claim made by the petitioner.
4. The 1st respondent has also filed an affidavit
pointing out that the 4th respondent is permitted to dispose of
more than 1 Acres of property in their name and once the
property is so disposed of, the 4 th respondent could honour the
claim as above.
5. I heard Sri.Jen Jaison, learned Counsel for the
petitioner, Sri.P.Ramakrishnan, learned Counsel for the 4 th
respondent and Smt.Sony K.B, learned Government Pleader for
R1 and R2.
6. The fact that the petitioner is entitled for the
payments pursuant to the matured fixed deposits, are not in
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dispute. As regards the terminal benefits of gratuity, leave
surrender etc., though the learned Counsel for the petitioner
relied on Exts.P10 and P11, the Counsel for the 4th respondent
points out that only the admitted amounts can be paid by the
Society. Furthermore, even for making such payments, as
seen from the affidavits filed, the 4 th respondent is not having
any funds with them.
In such circumstances, this writ petition would stand
disposed of as under;
(i) The 4th respondent to take steps pursuant to
the permission obtained through the District Collector
to dispose of the property after obtaining sanction
from the Registrar of Co-operative Societies through
the intervention of the Government, as expeditiously
as possible, at any rate ,within a period of four months
from the date of receipt of a copy of this judgment.
(ii) Upon receipt of the funds pursuant to the
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disposal of the properties as above, the claim made by
the petitioner towards the matured fixed deposits as
well as the admitted arrears towards the gratuity and
other terminal benefits to be disbursed by the 4 th
respondent on a priority basis.
(iii) As regards the disputed portion of the
terminal benefits, it would be for the petitioner to
invoke the provisions under the Kerala Co-operative
Societies Act, by approaching the Arbitration Court.
Sd/-
HARISANKAR V. MENON
JUDGE
Scl/
2024:KER:79071
APPENDIX OF WP(C) 28724/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE GOVERNMENT
ORDER NO. 135/2021/CO-OP. DATED
19.02.2021
Exhibit P2 TRUE PHOTOCOPY OF THE LETTER NO.
K229(3)/2022 DATED 03.08.2022 ISSUED
BY THE 2ND RESPONDENT
Exhibit P3 TRUE PHOTOCOPY OF THE PETITION DATED
19.08.2022 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P4 TRUE PHOTOCOPY OF THE PETITION DATED
19.08.2022 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
TO DIRECT THE RESPONDENTS 3 AND 4 TO
DISBURSE THE SALARY ARREARS OF THE
PETITIONER
Exhibit P5 TRUE PHOTOCOPY OF THE PETITION DATED
19.08.2022 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
TO DIRECT THE RESPONDENTS 3 AND 4 TO
DISBURSE THE GRATUITY OF THE
PETITIONER
Exhibit P6 TRUE PHOTOCOPY OF THE PETITION DATED
19.08.2022 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
TO DIRECT THE RESPONDENTS 3 AND 4 TO
DISBURSE THE LEAVE SURRENDER
BENEFITS OF THE PETITIONER
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Exhibit P7 TRUE PHOTOCOPY OF THE PETITION DATED
19.08.2022 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
TO DIRECT THE RESPONDENTS 3 AND 4 TO
DISBURSE THE DEPOSITS OF THE
PETITIONER
RESPONDENT EXHIBITS
Exhibit R-4A True copy of order dated 20/2/2020
issued by the Registrar of Co-
operative Societies
PETITIONER EXHIBITS
Exhibit P8 True photocopy of the relevant pages
of audited balance sheet of the 4th
respondent society as on 31.03.2020
Exhibit P9 True photocopy of the relevant pages
of audited balance sheet of the 4th
respondent society as on 31.03.2021
Exhibit P10 True copy of the statement regarding
gratuity amount payable by the 4th
respondent societies to its
employees, prepared and signed by
the president, secretary in charge
and two members of the Board of
Directors of the 4th respondent
society for the year 2021-22
Exhibit P11 True copy of the statement regarding
pending salary arrears payable by
the 4th respondent societies to its
employees, prepared and signed by
the president, secretary in charge
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and two members of the Board of
Directors of the 4th respondent
society for the year 2021-22
