Kerala High Court
Murali.P vs Kerala State Road Transport ... on 15 July, 2025
WA NO. 356 OF 2025
1 2025:KER:52293
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TH
TUESDAY, THE 15
DAY OF JULY 2025 / 24TH ASHADHA,
1947
WA NO. 356 OF 2025
AGAINST THE JUDGMENT DATED 23.01.2025 IN WP(C)
NO.23513 OF 2024 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
URALI.P
M
AGED 54 YEARS
S/O. PAZHANIYAPPAN CHETTIYAR, DRIVER, KSRTC,
ERNAKULAM DEPOT, RESIDING AT NO.11/289, MAIN ROAD,
(NEAR KSEB), CHITTUR, PALAKKAD DISTRICT,
PIN - 678101
Y ADVS.
B
SHRI.G.HARIHARAN
SMT.AFNA V.P.
SMT.B.R.SINDU
SMT.K.S.SMITHA
SRI.PRAVEEN.H.
SHRI.V.ROHITH
SRI.V.R.SANJEEV KUMAR
RESPONDENTS/RESPONDENTS:
1
ERALA STATE ROAD TRANSPORT CORPORATION
K
TRANSPORT BHAVAN, KIZHAKKE KOTTA
THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING
WA NO. 356 OF 2025
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DIRECTOR., PIN - 695001
2
ISTRICT TRANSPORT OFFICER
D
KERALA STATE ROAD TRANSPORT CORPORATION
ERNAKULAM BUS DEPOT, RAJAJI ROAD, ERNAKULAM,
PIN - 682035
3
ERALA STATE TRANSPORT WORKERS CO-OPERATIVE
K
SOCIETY LTD. NO.T133
SS COVIL ROAD, THAMPANNUR, THIRUVANANTHAPURAM -
REPRESENTED BY ITS SECRETARY, PIN - 695001
4
RBITRATOR CUM SPECIAL SALE OFFICER
A
KERALA STATE TRANSPORT WORKERS CO-OPERATIVE
SOCIETY LTD. NO.T133, SS COVIL ROAD, THAMPANNUR,
THIRUVANANTHAPURAM, PIN - 695001
Y ADV SRI.N.UNNIKRISHNAN
B
SRI.KALYANI KRISHNAN
THIS
WRIT
APPEAL
HAVING
BEEN
FINALLY
HEARD
ON
15.07.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 356 OF 2025
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JUDGMENT
Sushrut Arvind Dharmadhikari, J.
Thisintra-courtappealunderSection5oftheKeralaHighCourtAct,
19058, assails the judgment passed by the learned Single Judge dated
23.01.2025 inW.P(C)No.23513of2024.Thepetitioner/appellanthasfiled
the writ petition praying for the following reliefs:
" (i)Issueawritofmandamusoranyotherappropriatewritororder
commanding 1st respondent to effect payment of various amount
deductedfromthepetitioner'ssalaryfromtheyear2019onwardstill
date to be paid to the 3rd respondenttowardstheloanaccountof
the petitioner with the 3rd respondent Bank.
(ii) Issueawritofmandamusoranyotherappropriatewritororder
commanding1strespondenttopaytheinterestaccruedintheloan
accountofthepetitionerwiththe3rdrespondentsocietyonaccount
of the default in repaying the loan amount due to be paid to the
petitioner after deducting the loan installment from the petitioner's
salary.
(iii)Issueawritofmandamusoranyotherappropriatewritororder
restraining the1strespondentfromdeductinganyamountfromthe
salary of the petitioner to be paid to the 3rdrespondentinviewof
the issuance of Exhibit.P18 communication sent by the 3rd
respondent addressed to the 2nd respondent.
(iv) Petitioner may be permitted to dispense with the filing of
translation of the vernacular documents.
and
(v)TopasssuchordersorreliefsasthisHon'bleCourtdeemsfitin
the interest of justice."
2. The learned Single Judge, vide the common judgment, passed
the following order:
" 1. The petitioners in these writ petitions are theemployeesofthe
KeralaStateRoadTransportCorporation(KSRTC),holdingdifferent
posts. The petitioners have obtained loans from different
Cooperatives Societies and entered into tri-party agreements. The
KSRTCisoneoftheconformingpartiesoftheagreementinasmuch
as the KSRTC is under obligation to deduct the Equal Monthly
WA NO. 356 OF 2025
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Installments (EMIs) of the employees and remit the same to the
respective Societies from where the employees have obtainedthe
loan.
2. It isnotdisputedthattheamountofEMIwasdeductedfromthe
monthly salary of the petitioners, however, the same was not
creditedtotherespectiveSocietiesbytheKSRTCagainsttheloans
advanced to the petitioners. As a result, the Societies havelevied
penal interest against the petitioners.
3. The learned Counsel appearing for the respondent Corporation
submits that due to the financial constraints faced by the KSRTC,
the amount deducted from the salaries of the petitioners towards
paymentoftheregularEMIsoftheloansadvancedbythedifferent
Co-operative Societies wasnotcreditedtotherespectiveSocieties
and it was utilized by the KSRTC. He also does not dispute the
liability of the KSRTC for payment of the EMIs in respect of the
loans advanced to the petitioners for which the KSRTC has
deducted EMIs from the monthly salary of the petitioners. The
learnedCounselfortherespondentCorporationfurthersubmitsthat
theKSRTCisindialoguewiththeSocietiestosettletheirduesand
thepetitionersarenotliableforhigherinterestrate/penalinterestfor
thedefaultscommittedbytheKSRTC.Ifanyliabilityisfastenedon
the petitioners because of the higher rate ofinterest/penalinterest
as theKSRTCdidnotremittheamounttotherespectiveSocieties
after deducting the same from the salaries of the petitioners, the
KSRTC will indemnify the petitioners and the KSRTC willbearthe
burden for such higher rate of interest/penal interest.
4. Considering the aforesaid stand of the KSRTC, these writ
petitions are hereby disposed of with direction to the KSRTC to
settletheduesoftherespectiveCo-operativeSocietiesinrespectof
the loans advanced to the petitioners for which the KSRTC has
deducted the EMIs from the monthly salary of the petitioners.Any
liabilityasaresultofhigherrateofinterest/penalinterestbecauseof
nonpayment of regular EMIs shall be borne by the KSRTC alone."
3. The learned counsel for theappellantsubmittedthat,thoughthe
writ petitions have been disposed of with a direction to the Kerala State
Road Transport Corporation (KSRTC) to settletheduesoftherespective
Co-operativeSocieties,theappellanthas,infact,paidanamountofRs.2
lakhs directly to the 3rd respondent - the Co-operative Society, on the
basis of Ext. P17 award passed in arbitration proceedings. The learned
WA NO. 356 OF 2025
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counsel for the appellant now prays that a direction be issued to the 1st
respondent to refund to the appellant the amount already paid by the
appellant directly to the 3rd respondent - the Co-operative Society.
4. The learned counsel appearing for the 1st respondent - KSRTC
submittedthattheKSRTChasdeductedanamountofRs.2,24,000/-from
the salary of the appellant. She further submitted that so far as the
aforesaid amount is concerned, the same shall be paid to the Society
alongwithinterestasdirectedbythelearnedSingleJudge.However,they
would not be responsible to make the payment of the amount which the
appellant had directly paid to the 3rd respondent.
5. Heard the learned counsel for the appellant and the learned
counsel appearing for the respondents.
6. Since there is no adjudication in respect of the amount directly
paid by the appellant to the 3rd respondent, the appellant would be at
liberty to file a separate writ petition claiming the amount from the 3rd
respondent. The 3rd respondent - Society would be at liberty to recover
anyamount,ifany,foundunpaidsubsequentlyinaccordancewithlaw.All
other issues are left open to be considered in appropriate proceedings.
7.ThejudgmentofthelearnedSingleJudgestandsmodifiedtothe
extent indicated hereinabove.
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With the aforesaid liberty, this writ appeal is disposed of.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
MC/15.7
WA NO. 356 OF 2025
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APPENDIX OF WA 356/2025
PETITIONER ANNEXURES
Annexure I
A TRUE
COPY
OF
THE
INTERIMORDERDATED
14.08.2024
ISSUED BYTHIS
HON'BLECOURT
IN W.P.(C).NO.23513/2024
Annexure II
A
TRUE COPY
OF THE
SALARY
SLIP
DATED
13.02.2025 ISSUED BY THE 2ND RESPONDENT
RESPONDENT ANNEXURES
ANNEXURE-R3 (A)
A true copy of Judgment dated
05.04.2002 in O.P.No. 37952/2001
ANNEXURE-R3 (B)
A
true copy of
the Judgment dated
14.02.2007
in
R.P.
No.
119/2007
(A)
in
W.A. No. 2060/2006
Annexure R1(a)
A true copy of the computation
statement
prepared
from
the
official
records of the 1st Respondent
Annexure R1(b)
A
truecopy
of
thejudgment
dated
23.01
2025
in
WP.(C) No.
31214/2023,
this
Honourable Court
