Dismissed

Kumaramangalam Service Co-Operative Bank Ltd. v. T.M. Thomas

Kerala HC19 Mar 2013WP(C)/19982/2012

Case brief

AI extract

What is this about?

Kumaramangalam Service Co-operative Bank challenged an Arbitration Court award enforcing government pay revision orders. The Court held that financial loss prevents the petitioner from rejecting the award under Article 226. The writ was dismissed but the petitioner was granted two months to pay the arrears.

What did the court decide?

Two months time granted to the petitioner Society to pay off the liability as per the Arbitration Court award.

Kumaramangalam Service Co-Operative Bank Ltd… — Pension and Retirement Benefits | Kerala HC (2013)

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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 A.M.SHAFFIQUE

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TUESDAY, THE 19TH DAY OF MARCH 2013/28TH PHALGUNA 1934

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WP(C).No. 19982 of 2012 (W)

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PETITIONER :

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KUMARAMANGALAM SERVICE CO-OPERATIVE BANK LTD. NO.4122, KALOOR EAST P.O., IDUKKI PIN-685584, REPRESENTED BY ITS PRESIDENT.

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BY ADVS.SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS

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RESPONDENT(S) :

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1. T.M. THOMAS ASST. SECRETARY, KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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2. MINI THANKAPPAN, ACCOUNTANT, KUMARAMANGALAM S.C. BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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3. K.K.GOPINATHAN NAIR, BRANCH MANAGER, KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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4. A.S.SUDHA, JUNIOR CLERK, KUMARAMANGALAM S.C. BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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5. SIBI A.,

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JUNIOR CLERK, KUMARAMANGALAM S.C. BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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6. K.K.SIVAN, SENIOR CLERK, KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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7. A.S.SATHYAN, JUNIOR CLERK KUMARAMANGALAM S.C. BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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...2/-

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WP(C).No. 19982 of 2012 (W) -2-

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8. ALEYAMMA K.J.,

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SALES GIRL, KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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9. R.USHA,

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BRANCH MANAGER, KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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10. D.SATHI DEVI,

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JUNIOR CLERK, KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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11. K.D.SIVAN,

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ATTENDER, KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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12. P.K.VENUGOPAL, PEON,

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KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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13. N.K.JANARDHANAN,

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SENIOR CLERK, KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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14. CELINE JOSEPH,

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JUNIOR CLERK, KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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15. V.T.MATHEW, JUNIOR CLERK,

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KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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16. M.P.HYDROSE, ATTENDER, KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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17. K.J.JOSE,

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SENIOR CLERK, KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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18. GEORGE JOSEPH, PEON,

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KUMARAMANGALAM S.C.BANK LTD. NO.4122 KALOOR EAST P.O., IDUKKI, PIN-685 584.

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R1 & R3 TO 18 BY ADV. SRI.P.N.MOHANAN R2 BY ADV. SRI.UNNIKRISHNAN V. ALAPATT

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...3/-

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WP(C).No. 19982 of 2012 (W)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT.P1	TRUE COPY OF THE ORDER DATED 26/4/2008 PASSED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.
EXT.P2	TRUE PHOTOCOPY OF THE APPLICATION DATED 10/5/2008 SUBMITTED BY THE PETITIONER TO THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM.
EXT.P3	TRUE COPY OF THE AWARD DATED 11/8/2011 PASSED BY THE CO-OPERATIVE ARBITRATION COURT IN A.R.C.NO.117/2007.
EXT.P4	TRUE COPY OF THE APPEAL NO.2/2012 FILED BY THE PETITIONER.
EXT.P5	TRUE COPY OF THE JUDGEMENT DATED 30/5/2012 IN APPEAL NO. 2/2012 PASSED BY THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.
EXT.P6	TRUE COPY OF THE BALANCE SHEET & PROFIT & LOSS ACCOUNT FOR THE YEAR 2009-10.
EXT.P7	TRUE COPY OF THE BALANCE SHEET & PROFIT & LOSS ACCOUNT FOR THE YEAR 2010-11.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

A.M. SHAFFIQUE, J

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W.P.(C). NO. 19982 OF 2012

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Dated this the 19^th day of March, 2013

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JUDGMENT

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The petitioner is a Society which challenges Ext. P3 award of the Arbitration Court. The complaint was filed before the Arbitration Court by the employees of the Bank who are the respondents herein seeking to implement the pay revision orders issued by the Government. The petitioner Society took up a contention that it was unable to implement the pay revision orders in view of the financial strain faced. In fact petitioner Society had obtained an order of exemption from the Government under Rule 181 of the Kerala Co-operative Societies Rules for some time until 31.03.2007. Thereafter no such order was passed by the Government. Therefore the Arbitration Court directed that the pay revision orders are to be implemented and the employees are entitled to receive the arrears of pay. Ext. P3 is the said award. The matter was carried in Appeal before the Tribunal and the Tribunal also concurred with the view expressed by the Arbitration Court.

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W.P.(C). NO. 19982 OF 2012

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The main contention urged by the learned counsel for the petitioner is that it is in a severe financial strain as a result of which it is not in a position to pay the arrears of salary on account of pay revision. Ext. P6 and P7 are the Balance Sheet and Profit and Loss Account showing the accumulated loss of the petitioner Society for an amount of 4.50 crores.

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Whatever be the factual circumstances involved in this matter, it is not open for the Society to take up a contention that it is running in loss and as a result of which the pay revision orders by the Government should not be implemented at all. It is submitted by the learned counsel for the petitioner that the pay revision had been partly implemented. But the fact remains that employees are entitled to get the benefit. If at all, the petitioner Society is in loss, it is open for them to approach the Government for seeking any exemption but as far as the pay revision orders are being in force and it is already covered by Ext.P3 and P5 orders of the statutory authorities, in the absence of any arbitrariness or illegality pointed out, it may not be possible for

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this Court to interfere by invoking the provisions of Article 226 of the Constitution of India.

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W.P.(C). NO. 19982 OF 2012

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The learned counsel for the petitioner however seeks

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time to discharge the liability. Having regard to the factual circumstances involved in the matter, I am of the view that some indulgence has to be shown.

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In the result, the writ petition is dismissed, however two months time is granted to the petitioner Society to pay off the liability in terms of the award passed by the Arbitration Court.

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Sd/-

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A.M. SHAFFIQUE JUDGE

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DCS

Kumaramangalam Service Co-Operative Bank Ltd. v. T.M. Thomas

Case brief

What is this about?

What did the court decide?

Kumaramangalam Service Co-Operative Bank Ltd. v. T.M. Thomas

Case brief

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What did the court decide?

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