Employees of a defunct co-operative society were denied pension. The court directed the society to pay retirement benefits by liquidating properties within six months and the Joint Registrar to ensure compliance.
Direction to the respondent society to pay all retirement benefits to the petitioners within six months by selling off properties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 27TH DAY OF JUNE 2016/6TH ASHADHA, 1938
WP(C).No. 12313 of 2010 (L) ----------------------------
PETITIONER(S):
D.GOPINATHAN, AGED 62 YEARS, S/O.E.S.DAMODARAN PILLAI, PALATHITTA HOUSE, KANJIPADAM (P.O.), ALAPPUZHA-688 005, (BRANCH, MANAGER RETD., NEDUMUDI SERVICE CO-OPERRATIVE, BANK, CHAMBAKULAM).
BY ADVS.SRI.C.A.CHACKO
SMT.C.M.CHARISMA SRI.N.A.SHAFEEK SRI.M.S.UNNIKRISHNAN
RESPONDENT(S):
1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), ALAPPUZHA.
2. THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, KUTTANAD.
3. NEDUMUDI VILLAGE SERVICE CO-OPERATIVE SOCIETY LIMITED, NO.2331, CHAMBAKULAM, REPRESENTED BY ITS SECRETARY.
4. PRESIDENT, NEDUMUDI VILLAGE SERVICE CO-OPERATIVE SOCIETY LIMITED, NO.2331, CHAMBAKULAM, ALAPPUZHA DISTRICT.
R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.V.VIJULAL R3 & R4 BY ADVS. SRI.P.B.ASOKAN
SMT.P.LATHA SRI.P.J.UNNIKRISHNAN SRI.P.B.AJOY SMT.PRAISHEEL PRAKASAM SRI.VIPIN VARGHESE SMT.ANU ASOK SRI.S.SREEKUMAR (ADUKKATH) SRI.R.SRINATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-06-2016, ALONG WITH WPC. 7908/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 12313 of 2010 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS: ------------------------
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
SHAJI P. CHALY, J.
W.P.(C) Nos.12313 of 2010 &
7908 of 2011
Dated this the 27th day of June, 2016
JUDGMENT
Petitioners in these writ petitions were employees of the Nedumudi Village Service Co-operative Society Ltd. No.2331, Chambakulam, Alappuzha. Petitioners retired from service, but neither the pension nor other retiral benefits are paid to the petitioners. It is in this background, petitioners have filed these writ petitions seeking appropriate direction to the respondent Society to pay their retiral benefits including pension.
the respondent Society, however the contention is that, the respondent Society is defunct and therefore it is unable to wipe off the liabilities. It is also contended that, payments running into several lakhs are due to various depositors also. Contention of the learned counsel for the respondent Society is that, since the Society is defunct, they are not in a position to pay the retiral benefits to the petitioners.
W.P.(C) Nos.12313 of 2010 & 7908 of 2011 2
3
W.P.(C) Nos.12313 of 2010 & 7908 of 2011
question. If any such representations are made by the petitioners, the same shall be considered by the Joint Registrar and take required action in order to ensure payment to the petitioners. The Joint Registrar will also explore the possibility of selling off the properties of the Society at the earliest, in order to wipe off its liabilities in accordance with law.
The writ petition is disposed of accordingly.
Sd/- SHAJI P. CHALY JUDGE
//true copy//
P.S. to Judge
St/27.06.2016
2 issues framed by the court
Whether retirement benefits can be withheld by a co-operative society merely because it is alleged to be defunct.
Whether the society has sufficient property to liquidate and pay dues.
D. Gopinathan
Joint Registrar of Co-operative Societies (General), Alappuzha
Nedumudi Village Service Co-operative Society Limited
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
