Citation : 2024 Latest Caselaw 26813 Ker
Judgement Date : 6 September, 2024
2024:KER:67858
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 31214 OF 2023
PETITIONER:
NASEER. E.A.
AGED 45 YEARS
S/O. ABDUL KHADER, DRIVER,
KERALA STATE ROAD TRANSPORT CORPORATION,
PERUMBAVOOR DEPOT-683 542,
(RESIDING AT ETHIYIL HOUSE, SOUTH VAZHAKKULAM,
KUNNATHUNADU TALUK, ERNAKULAM DISTRICT,
PIN - 683 105).
BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
2 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
3 THE EXECUTIVE DIRECTOR (ADMINISTRATION),
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
4 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM,
PIN - 695 023.
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WP(C) NO.31214 OF 2023 & CONN. CASES
2
5 THE ADMINISTRATIVE OFFICER (BUDGET SECTION)
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
6 THE DISTRICT OFFICER FOR ERNAKULAM AT ALUVA
KERALA STATE ROAD TRANSPORT CORPORATION,
ALUVA DEPOT, ERNAKULAM, PIN - 683 101.
7 THE ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
KOTHAMANGALAM DEPOT, ERNAKULAM,
PIN - 686 691.
8 THE SECRETARY
ALUVA URBAN CO-OPERATIVE BANK LTD. NO.1623,
MARKET ROAD, ALUVA, ERNAKULAM, PIN - 683 101
BY ADV LEELA R.
SRI. DEEPU THANKAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, ALONG WITH WP(C).3121/2023,
7665/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 3121 OF 2023
PETITIONER:
SAJEESH. N.P.
AGED 48 YEARS
S/O. LATE P.BHASKARAN, INSPECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
SULTHAN BATHERY DEPOT,
PRESENTLY WORKING AT KANNUR DEPOT ON WORKING
ARRANGEMENT (RESIDING AT SREYAS',
PADANNAKKARA, PINARAYI.P.O.,
THALASSERY, KANNUR DISTRICT),
PIN - 670 741.
BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM,
PIN - 695 023.
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WP(C) NO.31214 OF 2023 & CONN. CASES
4
2 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
3 THE EXECUTIVE DIRECTOR (ADMINISTRATION)
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
4 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
5 THE ADMINISTRATIVE OFFICER (BUDGET SECTION)
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM,
PIN - 695 023.
6 THE DISTRICT OFFICER FOR KANNUR DISTRICT,
KERALA STATE ROAD TRANSPORT CORPORATION,
KANNUR DEPOT, PIN - 670 003.
7 THE DISTRICT OFFICER FOR WAYANAD DISTRICT,
KERALA STATE ROAD TRANSPORT CORPORATION,
SULTHAN BATHERY DEPOT,
PIN - 673 592.
8 THE SECRETARY
THALASSERY CO-OPERATIVE URBAN BANK LTD.
NO.F.1005, MANJODI, THIRUVANGAD,
THALASSERY, PIN - 670 103.
9 THE SECRETARY
THALASSERY CO-OPERATIVE RURAL BANK LTD.
NO.1263, THALASSERY, KANNUR DISTRICT,
PIN - 670 103.
0 THE SECRETARY
THALASSERY AGRICULTURAL IMPROVEMENT
CO-OPERATIVE SOCIETY LTD. NO.C. 1619,
THALASSERY,
PIN - 670 103.
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5
11 THE SECRETARY
KERALA STATE ROAD TRANSPORT CORPORATION
EMPLOYEES CO-OPERATIVE SOCIETY LTD. NO.C 808,
KANNUR, PIN - 670 002.
12 THE MANAGER
KERALA STATE FINANCIAL ENTERPRISES LTD.,
KANNUR, PIN - 670 003.
BY ADVS.
LEENA C
SALIL NARAYANAN K.A.
SRI. DEEPU THANKAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, ALONG WITH WP(C).31214/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 7665 OF 2023
PETITIONER:
MANOJ.M.
AGED 33 YEARS
S/O. MOHANAN, CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
PERUMBAVOOR DEPOT-683 542,
(RESIDING AT MURUNTHALA KIZHAKKETHIL,
VADAKKEVILA.P.O., KOLLAM, PIN - 691 010.
BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
2 THE MANAGING DIRECTOR (APPELLATE AUTHORITY)
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
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WP(C) NO.31214 OF 2023 & CONN. CASES
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3 THE EXECUTIVE DIRECTOR (ADMINISTRATION)
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
4 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
5 THE ADMINISTRATIVE OFFICER (BUDGET SECTION)
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
6 THE DISTRICT OFFICER FOR ERNAKULAM
AT DISTRICT TRANSPORT OFFICE,
KERALA STATE ROAD TRANSPORT CORPORATION,
ALUVA DEPOT, PIN - 683 101.
7 THE ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
PERUMBAVOOR DEPOT, PIN - 683 542.
8 THE BRANCH MANAGER
KERALA STATE FINANCIAL ENTERPRISES LTD.,
KOLLAM MAIN BRANCH, PIN - 691 001.
9 THE SECRETARY
KERALA STATE ROAD TRANSPORT CORPORATION
EMPLOYEES CO- OPERATIVE SOCIETY NO.Q 76,
KSRTC BUS STATION, KOLLAM DEPOT,
PIN - 691 001.
BY ADVS.
P.C.ANIL KUMAR
N.SASIDHARAN UNNITHAN
SRI. DEEPU THANKAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, ALONG WITH WP(C).31214/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 5397 OF 2024
PETITIONER:
SHIBU. K
AGED 53 YEARS
S/O. R.V.KUMARAN, INSPECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
THRISSUR DEPOT (RESIDING AT RAMANCHIRANGARA
HOUSE TEMPLE CANAL ROAD, EAST KADUNGALLUR
U.C.COLLEGE.P.O, PIN - 683 192.
BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM,
PIN - 683 102.
2 THE MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM,
PIN - 695 023.
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WP(C) NO.31214 OF 2023 & CONN. CASES
9
3 THE EXECUTIVE DIRECTOR (ADMINISTRATION),
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
4 THE FINANCIAL & CHIEF ACCOUNTS OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM,
PIN - 695 023.
5 THE DISTRICT OFFICER FOR THRISSUR AT DISTRICT
TRANSPORT OFFICERS OFFICE,
KERALA STATE ROAD TRANSPORT CORPORATION,
THRISSUR DEPOT, PIN - 680 001.
6 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
THRISSUR DEPOT, PIN - 680 001.
7 THE SECRETARY,
KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE
SOCIETY LTD. NO.T.133, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695 001.
8 THE SECRETARY
ALUVA STATE TRANSPORT STAFF CO-OPERATIVE
SOCIETY LTD. NO.E158, MARKET ROAD,
ALUVA, PIN - 683 101.
9 THE ARBITRATOR/SPECIAL SALE OFFICER
OF KERALA STATE TRANSPORT WORKERS CO-OPERATIVE
SOCIETY LTD. NO.T.133, THAMBANOOR,
THIRUVANANTHAPURAM, PIN - 695 001.
BY ADVS.
N.UNNIKRISHNAN
MILTON C. V
SRI. DEEPU THANKAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, ALONG WITH WP(C).31214/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
10
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 38515 OF 2023
PETITIONERS:
1 AJIKUMAR N.R
AGED 47 YEARS
S/O. RAJENDRAN NAIR, RESIDING AT SREEKULAM,
MELILA P.O, KOTTARAKARA, KOLLAM DISTRICT.
(DRIVER, KSRTC, PUNALUR DEPOT, PIN - 691 508.
2 KALESHKUMAR K.
AGED 46 YEARS
S/O. KAMALAN, RESIDING AT HAREESHMA BHAVAN,
OTTAKKAL P.O, KOLLAM DISTRICT (DRIVER, KSRTC,
PUNALUR DEPOT), PIN - 691 308.
BY ADVS.
N.SASIDHARAN UNNITHAN
N.UNNIKRISHNAN
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT
BHAVAN, FORT THIRUVANANTHAPURAM, PIN - 695 023.
2 FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER
KSRTC, TRANSPORT BHAVAN, FORT
THIRUVANANTHAPURAM, PIN - 695 023.
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WP(C) NO.31214 OF 2023 & CONN. CASES
11
3 ASSISTANT TRANSPORT OFFICER
KSRTC, PUNALUR DEPOT PUNALUR,
KOLLAM DISTRICT, PIN - 691 322.
4 DISTRICT OFFICER
OFFICE OF THE DISTRICT OFFICE KSRTC ,
KOTTARAKARA, KOLLAM DISTRICT, PIN - 691 531.
5 KERALA STATE TRANSPORT WORKERS CO-OPERATIVE
SOCIETY LTD. T133
REPRESENTED BY ITS SECRETARY THAMPANOOR,
THIRUVANANTHAPUARM DISTRICT, PIN - 695 001.
BY ADVS.
DEEPU THANKAN - SC
N.UNNIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, ALONG WITH WP(C).31214/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
12
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 22397 OF 2024
PETITIONER:
DILIPKUMAR G.
AGED 47 YEARS
S/O. GOPI C.C., IYYANI HOUSE,
ANJUMOORTHI MANGALAM P.O.
PALAKKAD,
PIN - 678 682.
BY ADVS.
AKSHAY JOSEPH ADHIKARAM
DEEPA R MENON
DEENA JOSEPH
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC)
REPRESENTED BY ITS MANAGING DIRECTOR
OFFICE OF MANAGING DIRECTOR,
TRANSPORT BHAVAN, FORT,
TRIVANDRUM,
KERALA,
INDIA,
PIN - 695 023.
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WP(C) NO.31214 OF 2023 & CONN. CASES
13
2 KERALA STATE ROAD TRANSPORT CORPORATION
PALAKKAD UNIT EMPLOYEES CO-OPERATIVE CREDIT
SOCIETY LTD.
REPRESENTED BY ITS AUTHORISED OFFICER
NO. P 602, PALAKKAD,
PIN - 678 001.
BY ADV AKHIL SURESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, ALONG WITH WP(C).31214/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 24206 OF 2024
PETITIONER:
SUNEESH K.P.
AGED 52 YEARS
S/O. PRAKASHAN.K.V., DRIVER,
KERALA STATE ROAD TRANSPORT CORPORATION,
KUMILY DEPOT (RESIDING AT KADEPARAMBIL HOUSE,
NEAR GAUREESHWARAM TEMPLE,
CHERAI P.O., ERNAKULAM, PIN - 683 514.
BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
2 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
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WP(C) NO.31214 OF 2023 & CONN. CASES
15
3 THE FINANCIAL & CHIEF ACCOUNTS OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM,
PIN - 695 023.
4 THE ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
KUMILY DEPOT, PIN - 685 509.
5 THE SECRETARY
KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE
SOCIETY LTD. NO.T.133, THIRUVANANTHAPURAM,
PIN - 695 001.
6 THE ARBITRATOR
KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE
SOCIETY LTD. NO.T.133, THIRUVANANTHAPURAM,
PIN - 695 001.
BY ADVS.
AKHIL SURESH
N.UNNIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, ALONG WITH WP(C).31214/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
16
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 27204 OF 2024
PETITIONER:
ANSAR.A.
AGED 47 YEARS
S/O. ABDUL AZEEZ.M., CONDUCTOR, SPECIAL GRADE,
KERALA STATE ROAD TRANSPORT CORPORATION,
KOLLAM DEPOT - (RESIDING AT KAVAYATH HOUSE,
KUREEPUZHA, KAVANAD.P.O., KOLLAM,
PIN - 691 003.
BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION
REP.BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
EAST FORT, THIRUVANANTHAPURAM, PIN - 695 023.
2 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM,
PIN - 695 023.
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3 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM,
PIN - 695 023.
4 THE ADMINISTRATIVE OFFICER (BUDGET SECTION)
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM,
PIN - 695 023.
5 THE DISTRICT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,
KOLLAM DEPOT, PIN - 691 001.
6 THE SECRETARY
KERALA STATE TRANSPORT WORKERS CO-OPERATIVE
SOCIETY LTD. NO.T.133, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695 001.
7 THE SALE OFFICER
OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES, THIRUVANANTHAPURAM,
PIN - 695 001.
BY ADVS.
AKHIL SURESH
N.UNNIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, ALONG WITH WP(C).31214/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
18
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 28563 OF 2024
PETITIONER:
UNNI.A.B.
AGED 51 YEARS
S/O. BALAN.N., ASSISTANT,
KERALA STATE ROAD TRANSPORT CORPORATION,
PERUMBAVOOR DEPOT (RESIDING AT AIKKULATH,
NEELEESWARAM.P.O., KALADY VIA., ERNAKULAM
DISTRICT), PIN - 683 574.
BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT
BHAVAN, EAST FORT, THIRUVANANTHAPURAM,
PIN - 695 023.
2 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
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3 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM,
PIN - 695 023.
4 THE ADMINISTRATIVE OFFICER (BUDGET SECTION),
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM,
PIN - 695 023.
5 THE ASSISTANT TRANSPORT OFFICER,
KERALA STATE ROAD TRANSPORT CORPORATION,
PERUMBAVOOR DEPOT, ERNAKULAM DISTRICT,
PIN - 683 542.
6 THE SECRETARY
KERALA STATE TRANSPORT WORKERS CO-OPERATIVE
SOCIETY LTD. NO.T.133, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695 001.
BY ADV DEEPU THANKAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, ALONG WITH WP(C).31214/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
20
JUDGMENT
[WP(C) Nos.31214/2023, 3121/2023, 7665/2023, 5397/2024,
38515/2023, 22397/2024, 24206/2024, 27204/2024 &
28563/2024]
The petitioners are employees of the Kerala
State Road Transport Corporation (KSRTC) who
have availed loans from the Kerala State Transport
Workers Co-operative Society Ltd No. T-133, of
which they are members, as well as from other
Co-operative Societies and financial institutions.
At the time when the petitioners availed loans,
they had executed agreements under Section
37(1) of the Kerala Co-operative Societies Act, 2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
1969 (for short, 'the Act') in favour of the
Societies providing that their employer (KSRTC)
shall be competent to deduct from the salary
payable to them, such amount as may be
specified in the agreement and to pay the amount
so deducted to the Societies. The loans were
disbursed to the petitioners based on such
agreements. The grievance of the petitioners is
that, though in accordance with the agreement
executed under Section 37, the KSRTC deducted
the amount payable to the Societies from their
monthly salaries, it was not remitted to the
accounts of the respective Societies. In some
cases, the Societies have initiated Arbitration
proceedings and awards are passed against the 2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
loanees. In certain other cases, the petitioners
have cleared the loan dues by remitting money
from their hands despite recovery from salary, to
avoid penal interest and other coercive steps
being taken by the Societies. Accordingly, these
writ petitions are filed for direction to the KSRTC to
remit the amounts deducted from their salary
towards their respective loan accounts together
with interest and penal charges.
2. Statements have been filed on behalf of
the KSRTC wherein it is stated that due to serious
financial crisis being faced by the KSRTC, the
KSRTC was not able to remit the amounts
recovered from the salary of the petitioners to
financial institutions. It is also stated that the 2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
KSRTC and the Government are taking earnest
efforts to clear the amounts due to the societies
and clear the interest as well and no liability will
be fastened on the petitioners. It is further stated
that the Hon'ble Minister for Transport has
suggested that urgent priority should be given for
disbursement of NDR arrears and on the basis of
such direction, the Corporation is clearing the
dues by setting apart a fixed amount from the
daily income. It is also stated that as far as Kerala
State Transport Workers Co-operative Society T-
133 is concerned, the same was formed with the
intention to render services to its members who
are only employees of the KSRTC and the KSRTC
has requested the said Society to waive the penal 2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
interest imposed on the employees, which arose
due to the delay on the part of KSRTC in remitting
the NDR amount. It is stated that Writ Petitions
filed by Societies, review petition and Contempt of
Court Case relating to similar issues are pending
before this Court.
3. Counter affidavit has been filed on behalf
of the Kerala State Transport Workers Co-operative
Society Ltd No. T-133 in W.P. (C) No. 5397 of 2024
and W.P. (C) No. 24206 of 2024 wherein they have
referred to the Judgment dated 05.04.2002 in O.P
No.857 of 2002 and connected cases rendered in
similar circumstances wherein this Court observed
that the commissions and omissions of the KSRTC and
its officers in not remitting the amounts deducted 2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
from the salary of the employees as required under
sub section (2) of section 37 amounts to an offence
under Section 94(5) of the Act and criminal breach of
trust and misappropriation which are cognizable
offences for which substantial punishment is provided
under the Indian Penal Code. Accordingly, it is prayed
that direction may be issued to KSRTC to pay the
amount deducted from the salary of the petitioners in
terms of the agreement towards the loan account.
4. Heard the learned counsel for the
petitioners, Sri.Deepu Thankan and Sri.Akhil Suresh
for the KSRTC, Sri.N.Unnikrishnan for the Kerala State
Transport Workers Co-operative Society Ltd No. T-133
and learned counsel appearing for other societies and
financial institutions.
5. There is no dispute that recoveries were 2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
effected from the salary of the petitioners in terms of
Section 37(1) of the Act for remittance to the loan
account. It is contended that the amounts so
deducted were not remitted into the loan accounts of
the petitioners. The KSRTC has no right to retain the
amount deducted from the salary of the petitioners.
Rule 52 of the Kerala Co-operative Societies Rules,
1969 deals with deductions from salary or wages on
the execution of agreement under Section 37 (1) of
the Act and Sub Rule (7) of Rule 52 reads as follows:-
"Any amount realised by a society from a member by deduction shall be given credit by the society to the account of such member with effect from the date on which the amount was deducted by the employer or the officer disbursing the salary or wages irrespective of the date on which the amount was actually received by such society. On the appropriation of the amount in the account of the society, the particulars of credit for the amount realised shall forthwith be furnished to the 2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
member by the society."
The Rule provides that any amount realised by a
Society from a member by deduction shall be given
credit by the Society to the account of such member
with effect from the date on which the amount was
deducted by the employer. Thus, once the amount
has been realised from the salary of the member in
terms of the agreement executed under Section 37
(1), the liability of the member to the extent of the
amount realised has been discharged. The liability
including penal charges will be on the KSRTC and not
on the employees.
In these circumstances, considering the
contentions raised by both sides and the precarious
financial condition of the KSRTC, the writ petitions are 2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
disposed of with the following directions:-
(a) The KSRTC shall remit to the concerned
financial institutions/societies the entire amounts
recovered from the salary of the petitioners or
their sureties with interest at the same rate at
which it is charged by the said financial
institutions/societies on the loanees within a
period of five months from the date of receipt of
a copy of this Judgment.
(b) In case the loan accounts are closed by the
loanees by paying the amount from their hands,
such amounts deducted from the salary of the
petitioners/sureties shall be repaid to the
petitioners by the KSRTC with interest at the
same rate at which it is charged by the said
financial institutions/societies on the loanees 2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
within a period of five months from the date of
receipt of a copy of this Judgment.
(c) In cases where deductions have been effected
to the extent of satisfying the loan liability, no
further deductions shall be made from their
salary. Any excess amount recovered from the
employees shall be refunded to them within the
aforesaid time line.
(d) It will be open for the KSRTC to negotiate with
the respective financial institutions/ societies for
waiver of penal interest within the aforesaid
period of five months.
(e) The amounts currently deducted from the
salary of the employees shall be promptly
remitted to their respective loan accounts and in
case of failure, the KSRTC will be liable to pay the 2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
penal charges.
(f) The amount of Rs.13,000/- paid by the
petitioner in W.P (C) No.22397/2024 towards
installments directly to the society for the months
of March and September, 2022 to avoid coercive
steps, which amounts were deducted from his
salary by KSRTC, shall be refunded to him within
the aforesaid time line.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR 2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
APPENDIX OF WP(C) 31214/2023
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE RECOVERY STATEMENT DATED 19.6.2023 ISSUED BY THE DISTRICT OFFICER,KSRTC, ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE DATED 8.8.2023 ISSUED BY THE 8TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LOAN ACCOUNT DETAILS DATED 18.8.2023 ISSUED BY THE 8TH RESPONDENT.
RESPONDENTS EXHIBITS:-
EXHIBIT R1-A A TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 22/08/2023 IN RP NO 862/2023.
EXHIBIT R1-B TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 31/10/2023 IN RP NO. 862/2023.
EXHIBIT R1-C TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 01/02/2024 IN RP NO. 862/2023.
EXHIBIT R1-D A TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 13/03/2024 IN RP NO. 862/2023.
EXHIBIT R1-E A TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 21/06/2024 IN RP NO. 862/2023.
EXHIBIT R1-F A TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT IN WA NO. 611/2023 DATED 21/12/2023.
EXHIBIT R1-G A TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WA NO. 1848/2023 DATED 27/10/2023.
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
APPENDIX OF WP(C) 3121/2023
PETITIONERS EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 14.11.2022 SUBMITTED BY C.K.SANOOP.
EXHIBIT P3 TRUE COPY OF THE RECOVERY STATEMENT DATED 18.11.2022 ISSUED BY THE DISTRICT OFFICER, KOZHIKKODE. EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 9TH RESPONDENT SOCIETY.
EXHIBIT P5 TRUE COPY OF THE RECOVERY STATEMENT DATED 15.11.2022 (CERTIFICATE) ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 14.12.2022 ISSUED BY THE 11TH RESPONDENT SOCIETY TO THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE RECOVERY STATEMENT DATED 15.10.2022 ISSUED BY THE 7TH RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
APPENDIX OF WP(C) 7665/2023
PETITIONERS EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE DUTY PASS ISSUED BY THE RESPONDENT CORPORATION TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE RECOVERY STATEMENT DATED 25.11.2022 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RECOVERY STATEMENT DATED 10.2.2023 ISSUED BY THE 6TH RESPONDENT FOR THE MONTH OF 12/2022. EXHIBIT P4 TRUE COPY OF THE LETTER NO. 005/RCL/2193 DATED 25.1.2023 OF THE BRANCH MANAGER, KSFE LTD., KOLLAM TO THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE PERSONAL LEDGER ISSUED BY THE KSFE KOLLAM BRANCH FOR LOAN DISBURSEMENT TRANSACTIONS.
EXHIBIT P6 TRUE COPY FO THE RECOVERY STATEMENT DATED 10.2.2023 ISSUED BY THE 6TH RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
APPENDIX OF WP(C) 5397/2024
PETITIONERS EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE RECOVERY STATEMENT NO.BD1/101/24/DO TSR DATED 22.1.2024 (THIRUVANANTHAPURAM SOCIETY). EXHIBIT P3 TRUE COPY OF THE SAID AWARD NO.ARC -
1144/2023 DATED 21.6.2023.
EXHIBIT P4 TRUE COPY OF THE RECOVERY STATEMENT NO.BD1/ 101/24/DO TSR DATED 22.1.2024 (ALUVA SOCIETY).
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 5.1.2024 OF THE 8TH RESPONDENT SOCIETY, THE OUTSTANDING AMOUNT ON ACCOUNT OF PRINCIPAL IS RS.2,47,383/-
AND RS.74,599/- TOWARDS INTEREST. RESPONDENTS EXHIBITS:
EXHIBIT-R7 (A) A TRUE COPY OF CERTIFICATE OF SALARY LIABILITY MEMBERSHIP IN CO-OPERATIVE SOCIETY SUBMITTED BY SHIBU, K. THROUGH DISTRICT TRANSPORT OFFICER, K.S.R.T.C., ALUVA.
EXHIBIT-R7 (B) A TRUE COPY OF STATEMENT OF ACCOUNTS OF LOAN NO. BAL 53033 AVAILED BY SHRI. SHIBU. K, AS ON 26.02.2024.
EXHIBIT-R7 (C) A TRUE COPY OF THE JUDGMENT DATED 05.04.2002 IN O.P. NO. 37952/2001 (KERALA STATE TRANSPORT WORKERS CO-
OPERATIVE SOCIETY T. 133 AND ANOTHER VS. KSRTC AND OTHERS).
EXHIBIT-R7 (D) A TRUE COPY OF THE JUDGMENT OF HON'BLE DIVISION BENCH OF THIS HONBLE COURT IN R.P. NO.119/2007 IN W.A. NO. 2060/2006 DATED 14.02.2007.
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
EXHIBIT-R7 (E) A TRUE COPY OF JUDGMENT DATED 01.06.2023 IN W.P.(C) NO.17540/2023. EXHIBIT-R7 (F) A TRUE COPY OF CONSENT LETTER DATED 05.03.2013 SUBMITTED BY THE PETITIONER.
EXHIBIT-R7 (G) A TRUE COPY OF SURETY BOND DATED 05.03.2013 EXECUTED BY THE PETITIONER AND SURETIES'.
EXHIBIT-R7 (H) A TRUE COPY OF LOAN APPLICATION NO.0117 DATED 23.02.2013 SUBMITTED BY THE PETITIONER.
EXHIBIT-R7 (I) A COPY OF AWARD DATED 21.06.2023 IN A.R.C. NO.1144/2023 ISSUED BY THE RESPONDENT NO.9.
EXHIBIT R1-A TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 22/08/2023 IN RP NO. 862/2023.
EXHIBIT R1-B TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 31/10/2023 IN RP NO. 862/2023.
EXHIBIT R1-C TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 01/02/2024 IN RP NO. 862/2023.
EXHIBIT R1-D TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 13/03/2024 IN RP NO. 862/2023.
EXHIBIT R1-E TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 21/06/2024 IN RP NO. 862/2023.
EXHIBIT R1- F TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN WA NO. 611/2023 DATED 21/12/2023.
EXHIBIT R1-G TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WA NO.
1848/2023 DATED 27/10/2023.
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
APPENDIX OF WP(C) 38515/2023
PETITIONERS EXHIBITS:-
EXHIBIT P1 A TRUE COPY OF THE APPLICATION OF THE 1ST PETITIONER DATED 7/8/2023 SUBMITTED UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P2 A TRUE COPY OF LETTER NO. A5/3101/ 2023/KOLLAM DATED 5/9/2023 OF THE PUBLIC INFORMATION OFFICER.
EXHIBIT P3 A TRUE COPY OF THE APPLICATION OF THE 2ND PETITIONER DATED 7/8/2023 SUBMITTED UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P4 A TRUE COPY OF LETTER NO. A5/3085/ 2023/KOLLAM DATED 5/9/2023 OF THE PUBLIC INFORMATION OFFICER.
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 12/12/2006 OF THIS HONOURABLE COURT IN W.A NO. 2060 OF 2006.
RESPONDENTS EXHIBITS:-
EXHIBIT-R5 (A) A TRUE COPY OF STATEMENT OF ACCOUNT OF LOAN NO. BAL 57161 IN RESPECT OF SHRI AJIKUMAR, N.R, THE 1ST PETITIONER. EXHIBIT-R5 (B) A TRUE COPY OF THE CERTIFICATE OF SALARY LIABILITY AND MEMBERSHIP IN CO-OPERATIVE ADDRESSED TO RESPONDENT NO.5, THROUGH THE FIRST PETITIONER DATED 22.06.2017 BY THE ASSISTANT OFFICER K.S.R.T.C. PUNALUR. EXHIBIT-R5 (C) A TRUE COPY OF THE STATEMENT OF ACCOUNTS IN LOAN NO. BAL - 59418 IN RESPECT OF 2ND PETITIONER, SHRI, KALESH KUMAR, K. EXHIBIT-R5 (D) A TRUE COPY OF CERTIFICATE OF SALARY, LIABILITY AND MEMBERSHIP IN CO-OPERATIVE DATED 04.06.2022 SUBMITTED BY SHRI KALESH KUMAR, K. 2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
EXHIBIT R1-(A) TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 22/08/2023 IN RP NO. 862/2023.
EXHIBIT R1-(B) TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 31/10/2023 IN RP NO. 862/2023.
EXHIBIT R1-(C) A TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 01/02/2024 IN RP NO. 862/2023.
EXHIBIT R1-(D) TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 13/03/2024 IN RP NO. 862/2023.
EXHIBIT R1-(E) TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 21/06/2024 IN RP NO. 862/2023.
EXHIBIT R1-(F) TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN WA NO. 611/2023 DATED 21/12/2023.
EXHIBIT R1-(G) TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WA NO. 1848/2023 DATED 27/10/2023.
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
APPENDIX OF WP(C) 22397/2024
PETITIONERS EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE STATEMENT ISSUED BY THE 2ND RESPONDENT DATED 12.05.2023. EXHIBIT P2 TRUE COPY OF THE REPLY ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT NUMBERED AS T1-900/2021/PLKD DATED 11.08.2021.
EXHIBIT P3 TRUE COPY OF THE RTI APPLICATION FILED BY THE PETITIONER DATED 25.04.2023.
EXHIBIT P4 TRUE COPY OF THE RTI RESPONSE RECEIVED
BY THE PETITIONER FROM THE 1ST
RESPONDENT, NUMBERED AS
GL2/594/2023/PLKD DATED 03.05.2023. EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT OFFICER OF THE 1ST RESPONDENT DATED 03.08.2023. EXHIBIT P6 TRUE COPY OF RTI APPLICATION FILED BY THE PETITIONER DATED 25.04.2023. EXHIBIT P7 TRUE COPY OF THE REPLY RECEIVED FROM 2ND RESPONDENT DATED NIL.
EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF BANK STATEMENT OF THE PETITIONER'S ACCOUNT ISSUED BY STATE BANK OF INDIA, PALAKKAD BRANCH DATED 06.03.2023.
RESPONDENTS EXHIBITS: NIL.
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
APPENDIX OF WP(C) 24206/2024
PETITIONERS EXHIBITS:-
EXHIBIT P1 TRUE COPY OF DUTY PASS ISSUED TO THE
PETITIONER BY THE RESPONDENT
CORPORATION.
EXHIBIT P2 TRUE COPY OF THE RECOVERY STATEMENT
DATED 27.5.2024 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF ARC NO. 177/2023 FILED BY THE 5TH RESPONDENT DATED 14.11.2022. EXHIBIT P4 TRUE COPY OF AWARD DATED 20.3.2023 IN ARC NO. 177/2023 PASSED BY THE 6TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF CERTIFICATE ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 16.5.2024.
RESPONDENTS EXHIBITS:-
EXHIBIT-R5 (A) A TRUE COPY OF CERTIFICATE OF SALARY LIABILITY AND MEMBERSHIP IN CO- OPERATIVE SOCIETY FOR LOAN.
EXHIBIT-R5 (B) A TRUE COPY OF CONSENT LETTER DATED 10.11.2017 SUBMITTED BY THE PETITIONER.
EXHIBIT-R5 (C) A TRUE COPY OF SURETY BOND DATED 10.11.2017.
EXHIBIT-R5 (D) A TRUE COPY OF DEPOSITION STATEMENT IN ARC NO. 177/2023 DATED 28.02.2023. EXHIBIT-R5 (E) A TRUE COPY OF AWARD DATED 20.03.2023. EXHIBIT-R5 (F) A TRUE COPY OF STATEMENT OF ACCOUNTS OF LOAN NO. BAL 57384.
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
EXHIBIT-R5 (G) A TRUE COPY OF JUDGMENT DATED 5.04.2022 IN O.P. NO. 37952/2001. EXHIBIT-R5 (H) A TRUE COPY OF JUDGMENT DATED 14.02.2007 IN R.P. NO. 119/2007 IN
EXHIBIT-R5 (I) A TRUE COPY OF JUDGMENT DATED 1.06.2023 IN W.P.(C) NO. 17540/2023.
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
APPENDIX OF WP(C) 27204/2024
PETITIONERS EXHIBITS:-
EXHIBIT P1 TRUE COPY OF DUTY PASS ISSUED BY THE RESPONDENT CORPORATION TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF RECOVERY STATEMENT DATED 10.6.2024 ISSUED BY ASSISTANT TRANSPORT OFFICER, KSRTC KOLLAM.
EXHIBIT P3 TRUE COPY OF THE LEDGER STATEMENT ISSUED BY THE 6TH RESPONDENT DATED 17.7.2024.
EXHIBIT P4 TRUE COPY OF THE SALARY CERTIFICATE FOR MAY 2024 ISSUED BY RESPONDENT CORPORATION.
EXHIBIT P5 TRUE COPY OF THE SALARY CERTIFICATE FOR JUNE 2024 ISSUED BY THE RESPONDENT CORPORATION.
EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE DATED 30.11.2022 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER.
RESPONDENTS EXHIBITS: NIL.
2024:KER:67858
WP(C) NO.31214 OF 2023 & CONN. CASES
APPENDIX OF WP(C) 28563/2024
PETITIONERS EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE DUTY PASS ISSUED TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE RECOVERY STATEMENT DATED 17.02.2024 SHOWING THE RECOVERED AMOUNTS FROM THE SALARY OF THE PETITIONER NOT REMITTED TO THE 6TH RESPONDENT SOCIETY.
EXHIBIT P3 TRUE COPY OF THE LOAN STATEMENT DATED 18.08.2023 ISSUED BY THE 6TH RESPONDENT SOCIETY.
EXHIBIT P4 TRUE COPY OF THE LEDGER STATEMENT OF THE LOAN NO.BAL53889 ISSUED BY THE 6TH RESPONDENT SOCIETY DATED 18.08.2023. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR REMITTING THE RECOVERED LOAN DUES TO THE 6TH RESPONDENT SOCIETY DATED 24.2.2024.
RESPONDENTS EXHIBITS:-
EXHIBIT R1-A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN WA NO. 611/2023 DATED 21/12/2023.
EXHIBIT R1-B TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WA NO.
1848/2023 DATED 27/10/2023.
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