Dismissed

Fracis John v. the Kerala State Road Transort Corporation

Kerala HC3 Dec 2012WP(C)/22813/2012

Case brief

AI extract

What is this about?

Writ petition filed after cooperative society intimated employer to recover dues from retired employees' pension. Court found society took steps to recover dues; petitioner not entitled to relief regarding recovery from other employees' retirement benefits.

What did the court decide?

Petitioner's claim for directing recovery from respondents' 3 and 4 retirement benefits dismissed as society already exercised recovery rights.

Fracis John Vs the Kerala State Road… — Contract and Commercial Disputes | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID

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MONDAY, THE 3RD DAY OF DECEMBER 2012/12TH AGRAHAYANA 1934

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WP(C).No. 22813 of 2012 (B)

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PETITIONER(S):

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FRANCIS JOHN, AGED 48 YEARS, S/O.JOHN, AICKARA THAZHATH HOUSE, ANTHINAD P.O., PALA - 686 653(DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, PALA DEPOT)

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BY ADV. SRI.K.P.JUSTINE (KARIPAT)

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RESPONDENT(S):

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1. MANAGING DIRECTOR, THE KERALA STATE ROAD TRANSORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23.

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2. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PALA DEPOT - 686 575.

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3. K.G.JAYARAJ, KALAPURACKAL (KARIMPURATH),

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PULIYANNOOR P.O., PALA - 686 575,(DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, PALA DEPOT).

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4. P.N.RAVEENDRAN NAIR, RAJITHA BHAVAN, VALLICHIRA P.O., PALA - 686 575, (DRIVER, KERALA STATE ROAD TRANSPORT

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CORPORATION, RETIRED ON 31.3.2011 FROM PALA DEPOT)

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5. THE SECRETARY, KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD.NO.T.133, THAMPANOOR, THIRUVANANTHAPURAM - 695 003.

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R1 & R2 BY ADV. SRI.JOY GEORGE, SC, K.S.R.T.C. R5 BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP- SOCIETY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.22813/2012 B

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P-1 TRUE COPY OF THE DUTY PASS ISSUED BY THE RESPONDENT CORPORATION TO THE PETITIONER.

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EXT.P-2 TRUE COPY OF ARBITRATION PROCEEDINGS OF THE 5TH RESPONDENT DATED 30.11.2011.

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EXT.P-3 TRUE COPY OF THE RECOVERY STATEMENT ISSUED BY THE 2ND RESPONDENT DATED 20.9.2012.

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EXT.P-4 TRUE COPY OF THE RECOVERY STATEMENT ISSUED BY THE 2ND RESPONDENT DATED 20.9.2012.

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EXT.P-5 TRUE COPY OF THE UNDERTAKING DATED 25.2.2012 OF THE 3RD RESPONDENT TO THE ARBITRATOR.

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EXT.P-6 TRUE COPY OF THE AWARD DATED 4.1.2011 IN ARC NO.2255/2010 OF THE 5TH RESPONDENT SOCIETY.

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EXT.P-7 TRUE COPY OF THE UNDERTAKING MADE BY THE 3RD RESPONDENT AGREEING TO RECOVER THE 50% LOAN LIABILITY OF THE 4TH RESPONDENT.

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RESPONDENTS' EXHIBITS

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R5(A): COPY OF STATEMENT OF ACCOUNTS IN RESPECT OF LOAN NO.BAL44895 OF SHRI.JAYARAJ.K.G.

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R5(B): COPY OF STATEMENT OF ACCOUNTS IN RESPECT OF LOAN NO.BAL44896 OF SHRI.RAVINDRAN NAIR.P.N.

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R5(C): COPY OF CONSENT LETTER DTD. 06/04/2004 OF PETITIONER IN LOAN NO.BAL-44895.

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R5(D): COPY OF CONSENT LETTER DTD. 06/04/2004 IN LOAN NO.BAL-44895 GIVEN BY 3RD RESPONDENT, LOANEE.

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R5(E): CONSENT LETTER DTD. 06/04/2004 IN LOAN NO.BAL-44895 BY 4TH RESPONDENT.

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R5(F): COPY OF SURETY BOND NO.4641 DTD. 06/04/2004.

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R5(G): COPY OF DEPOSITION STATEMENT IN ARC NO.319/2012 OF THE PETITIONER.

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R5(H): COPY OF SURETY BOND NO.4639 DTD. 06/04/2004.

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R5(I): COPY OF OF AWARD IN ARC NO.2255/2010 DTD. 04/01/2011.

P.A.TO JUDGE

/TRUE COPY/

Kss

HARUN-UL-RASHID, J.

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W.P.(C).No.22813 Of 2012 ---------------------Dated this the 3^rd day of December, 2012.

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J U D G M E N T

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The writ petition is filed seeking a direction directing respondents 1 & 2 to make arrangements to recover the loan dues in the name of the 3^rd respondent from his salary and the balance due if any from his pensionary benefits, pursuant to Exts.P2 & P5, to issue a direction directing respondents 1 & 2 to recover 50% loan liability of the 4^th respondent from the pensionary benefits of the 3^rd respondent pursuant to Exts.P5, P6 and P7 and for other incidental reliefs.

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The petitioner and respondents 3 & 4 availed a loan of Rs.65,000/- each from the 5^th respondent society on mutual sureties. The 4^th respondent had retired from service on 31.3.2011 and the 3^rd respondent is going to retire on 31.3.2013. Respondents 3 & 4 failed to repay the loan dues. It is submitted that the 2^nd respondent is recovering Rs.1,500/- and Rs.1,000/per month from the salary of the petitioner towards the loan dues of respondents 3 & 4 respectively as per Exts.P3 & P4. It is submitted by the petitioner that the 3^rd respondent had agreed

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::2::

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W.P.(C).No.22813 Of 2012

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for recovery of the loan dues from his retirement benefits and that he had also agreed for recovery of 50% of the liability of the 4^th respondent from his retirement benefits. The writ petition is filed seeking appropriate directions directing respondents 1 & 2 to recover dues of the respondents 3 & 4 from their retirement benefits.

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The 5^th respondent society in the counter affidavit inter alia stated that the amount due from respondents 3 & 4 is Rs.32,858/- and Rs.1,03,324/- respectively, that since the lonees have retired from service, the 5^th respondent intimated the 1^st respondent to recover the due amount from the DCRG of the 3^rd and 4^th respondents and to remit the same towards the loan accounts without further loss of time. It is stated that on receipt of the amounts due from respondents 3 & 4, their loan accounts can be closed and the petitioner as surety to both loans will be discharged. It is also stated that in case the amounts are not received the petitioner cannot escape from the liability as the liability is co-extensive and in view of the consent letter, surety bonds and also in view of Section 128 of the Contract Act.

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::3::

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W.P.(C).No.22813 Of 2012

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In the light of the steps taken by the 5^th respondent

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society to recover the loan dues of respondents 3 & 4 from their retirement benefits, the petitioner is not entitled to any relief in the writ petition.

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It is submitted by the petitioner that the 4^th respondent has only few years service and the benefits accrued to him on retirement is only nominal and therefore it is not possible to recover the loan arrears from him. It is said that the 3^rd respondent had agreed for recovery of his dues and 50% of the amounts due from the 4^th respondent from his retirement benefits. The 5^th respondent society is therefore directed to recover the dues of the 3^rd respondent from his retirement benefits and shall also recover 50% of the amount due from the 4^th respondent from the retirement benefits of the 3^rd respondent. The 5^th respondent society shall recover the balance 50% of the amount due from the 4^th respondent from the petitioner.

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With the above direction, the writ petition is closed.

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HARUN-UL-RASHID, Judge.

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bkn/-

Fracis John v. the Kerala State Road Transort Corporation

Case brief

What is this about?

What did the court decide?

Fracis John v. the Kerala State Road Transort Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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