Allowed

V.Kumaran v. Kasaragod Co-Operative Marketing and Processing Society

Kerala HC30 Jun 2016WP(C)/10951/2015

Case brief

AI extract

What is this about?

The High Court held that financial difficulties cannot legally justify withholding retiral benefits and salary arrears owed to retired employees. It directed the society to pay 50% of dues within four months and the balance within six months of the judgment's service.

What did the court decide?

Direction to the society to pay 50% of arrears and retiral benefits within four months and the balance 50% within six months.

V.Kumaran Vs Kasaragod Co-Operative Marketing… — Pension and Retirement Benefits | Kerala HC (2016)

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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 SHAJI P.CHALY

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THURSDAY, THE 30TH DAY OF JUNE 2016/9TH ASHADHA, 1938

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WP(C).No. 10951 of 2015 (T)

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PETITIONER:

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V.KUMARAN, S/O.LATE KANNAN, RESIDING AT THEKKIL MUNDOL, P.O.THEKKIL KASARGOD DISTRICT.

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BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI

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RESPONDENT:

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KASARGOD CO-OPERATIVE MARKETING AND PROCESSING SOCIETY REPRESENTED BY ITS SECRETARY, NO.F-104, P.O.VIDYA NAGAR KASARGOD DISTRICT.

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BY ADVS. SRI.SURESH KUMAR KODOTH SRI.K.P.ANTONY BINU

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 10951 of 2015 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1 - LETTER DATED 10.08.2008 OF JOINT REGISTRAR.

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RESPONDENT(S)' EXHIBITS -----------------------

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R1(A)	TRUE COPY OF LETTER DATED 10/2/2001 OF KCMP SOCIETY COUNCIL.	STAFF
R1(B)	TRUE COPY OF RESOLUTION DATED 28/6/2002
R1(C)	TRUE COPY OF RESOLUTION DATED 15/1/2003.
R1(D)	TRUE COPY OF RESOLUTION DATED 3/2/2003.
R1(E)	TRUE COPY OF RESOLUTION DATED 20/7/2004
R1(F)	RESOLUTION DATED 29/7/2005.
R1(G)	AUDITED BALANCE SHEET FOR THE YEAR 2014-15.

/TRUE COPY/

P.S.TO JUDGE

K.V.

SHAJI P. CHALY, J

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W.P.(C) Nos. 10951 & 12010 of 2015

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Dated this the 30^th day of June, 2016

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JUDGMENT

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These two writ petitions are filed by the erstwhile

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employees of the first respondent Society seeking arrears of salary, gratuity and leave surrender, and arrears of salary respectively. Since issues are common, there are disposed of by a common judgment. The contention of the petitioners is that, even though petitioners have retired from service on 31.10.2013 and 30.9.2009 respectively. First respondent has not taken any action to disburse the retiral benefits as well as the arrears of salary. The contention put forth by the respective counsel for the first respondent Society is that, Society was running in a loss and there was general consensus arrived by the society and the staff that on improvement of the financial condition of the society the retiral benefits as well as arrears of salary if any will be paid

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to the petitioners.

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W.P.(C) Nos. 10951 & 12010 of 2015

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Learned counsel for the petitioner has invited my attention Ext.P1 in W.P.(C)No.10951/2015 which is dated 10.8.2008 wherein the Joint Registrar of Co-operative Societies (General), Kasargode, have given enough confidence to the retired employees that every steps are being taken to wipe off liability on account of arrears of salary and retiral benefits. 8 years have elapsed and still the petitioners are not paid with their respective dues. The said action of the society cannot be sustained under law. The only contention put forth by the society is that, still the condition of the society is not financially better than the erstwhile period and therefore, society is unable to pay retiral benefits as well as the arrears of salary to the petitioner.

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In my considered pinion, the said contention put forth by the society is not a legally sustainable contention. Employees who have rendered service for the society are entitled to get their due share on account of salary as well as other retiral benefits offered to the employees. In that

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W.P.(C) Nos. 10951 & 12010 of 2015

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view of the matter, I think these writ petitions can be disposed of by issuing appropriate direction to the society to pay off the dues to the petitioners.

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Therefore, there will be a direction to the first respondent society to pay 50% of the arrears of salary as

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well as other retiral benefits due to the petitioner within a period of four months from the date of receipt of a copy of this judgment and the balance 50% within a period of six months thereafter.

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Petitioners will be at liberty to approach the society by making suitable applications calculating their respective dues, and if and when such an applications are filed, first respondent shall consider and take a decision on the same after proving an opportunity of hearing to respective petitioners, without any delay.

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Writ petitions are disposed of accordingly.

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Sd/-

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SHAJI P. CHALY, JUDGE.

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dlk/30/6/

V.Kumaran v. Kasaragod Co-Operative Marketing and Processing Society

Case brief

What is this about?

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V.Kumaran v. Kasaragod Co-Operative Marketing and Processing Society

Case brief

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