Partly allowed

K.G. Gopinathan v. the Kjerala State Co-Operativew Employees Pension Board

Kerala HC6 Sept 2016WP(C)/19215/2013

Case brief

AI extract

What is this about?

A retired Managing Director seeking a declaration of pension entitlement. The court directed the society administrator to enroll the society in the pension scheme and pay the petitioner's pension.

What did the court decide?

Direction issued to the administrator of the respondent society to enroll the society in the pension scheme providing sufficient details for the petitioner's enrollment and pension payment within two

K.G. Gopinathan Vs the Kjerala State Co-Operativew… — Cooperative Societies | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

TUESDAY, THE 6TH DAY OF SEPTEMBER 2016/15TH BHADRA, 1938

¶5

WP(C).No. 19215 of 2013 (B)

¶6

PETITIONER(S):

¶7

K.G. GOPINATHAN, AGED 79 YEARS, SON OF LATE M.K. KOCHUGOVINDAN, RESIDING AT PRAKASH MANDIRAM, ULIYAKOVIL, KOLLAM-691 019.

¶8

BY ADVS.SRI.JOHNSON GOMEZ, SRI. ENIL ELGIN, SRI.S.BIJU (KIZHAKKANELA).

¶9

RESPONDENT(S):

¶10

1. THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENTED BY ITS SECRETARY, T.C.NO.27/156,157, KALA NIVAS, CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM-695 001.

¶11

2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTORATE, KOLLAM-691 013.

¶12

*3. THE ADMINISTRATOR, THE QUILON DISTRICT WHOLE SALE CO-OPERATIVE CONSUMER STORES LTD. NO.(Q) 291, KOLLAM, PIN-691 001. (CORRECTED)

¶13

*** THE RESPONDENT NO.3 IS CORRECTED AS**

¶14

THE ADMINISTRATOR, THE QUILON DISTRICT WHOLE SALE CO-OPERATIVE CONSUMER STORES LTD. NO.(Q) 291, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), NEAR COLLECTORATE, CIVIL STATION P.O., KOLLAM, PIN-691 013.

¶15

AS PER ORDER DATED 07/03/2014 IN I.A. NO.3359/2014.

¶16

WP(C).No. 19215 of 2013 (B)

¶17

4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATIVE SOCIETIES, SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001.

¶18

****** ADDL. R5 IMPLEADED

¶19

5. THE ADMINISTRATIVE COMMITTEE, THE QUILON DISTRICT WHOLE SALE CO-OPERATIVE CONSUMER STORES LTD. NO.(Q) 291, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTORATE, KOLLAM-691 013.

¶20

**** ADDL. R5 IS IMPLEADED AS PER ORDER DATED 01/07/2014 IN I.A. NO.8500/2014.**

¶21

******* ADDL. R6 IMPLEADED

¶22

# 6. THE QUILON DISTRICT WHOLE SALE CO-OPERATIVE CONSUMER STORES LTD. NO.(Q) 291, KOLLAM-691 001, REPRESENTED BY THE CONVENOR, R. RAJASEKHARAN, RESIDING AT BEENA SADAN, PADA NORTH, KARUNAGAPPALLY. (DELETED)

¶23

***** ADDL. R6 IS IMPLEADED AS PER ORDER DATED 09/09/2015 IN I.A. NO.12933/2015.**

¶24

# ADDL. 6TH RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 06/09/2016 IN I.A. NO.14086/2016.

¶25

R1 BY ADV. SRI.K.R.SUNIL, SC. R2 TO R4 & ADDL. R5 BY SR. GOVT. PLEADER SRI.PAUL VARGHESE. M.

¶26

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶27

rs.

¶28

WP(C).No. 19215 of 2013 (B)

¶29

APPENDIX

¶30

PETITIONERS' EXHIBITS:

¶31

P1A TRUE COPY OF THE GO(P)NO.44/95 DATED 14TH MARCH 1995 ISSUED BY THE FIRST RESPONDENT.

¶32

P2A TRUE COPY OF THE GO(P)NO.105/2011/CO-OP DATED 9TH AUGUST 2011 ISSUED BY THE FIRST RESPONDENT.

¶33

P3A TRUE COPY OF THE APPLICATION DATED 17.05.2012 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

¶34

P4A TRUE COPY OF THE LETTER NO.PB/PRO/8095/11 DATED 4TH JUNE 2012 ISSUED BY THE SECOND RESPONDENT.

¶35

P5A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 05.08.2012.

¶36

P6A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT ON 23.05.2013.

¶37

P7A TRUE COPY OF THE LETTER NO.PB/ADMISSION/3846/2013 DATED 12.06.2013 ISSUED BY THE SECOND RESPONDENT.

¶38

P8A TRUE COPY OF THE ORDER DATED 12TH MAY 1998 IN PWA NO.23 OF 1992 PASSED BY THE LABOUR COURT, KOLLAM.

¶39

P9A TRUE COPY OF THE JUDGMENT DATED 5TH JANUARY 2007 IN OP NO.26822 OF 1999 PASSED BY THIS HON'BLE COURT.

¶40

P10A TRUE COPY OF THE WRIT PETITION OP NO.26822 OF 1999 FILED BY THE THIRD RESPONDENT BEFORE THIS HON'BLE COURT.

¶41

P11A TRUE COPY OF THE LETTER NO.KR/2111/2 DATED 16TH DECEMBER 1992 ISSUED BY THE REGIONAL PROVIDENT FUND COMMISSIONER, KERALA THIRUVANANTHAPURAM.

¶42

RESPONDENTS' ANNEXURES:

¶43

ANNEXURE R3A COPY OF THE ORDER DATED 20/01/2014 PASSED BY THE REGISTRAR OF C-OPERATIVE SOCIETIES.

//TRUE COPY//

P.S. TO JUDGE

rs.

SHAJI P. CHALY, J

¶48

W.P.(C)NO.19215 OF 2013

¶49

Dated this the 6^th day of September, 2016

¶50

J U D G M E N T

¶51

This writ petition is filed by the petitioner seeking to declare that, petitioner is entitled for pension as

¶52

per Exts.P1 and P2 schemes and for other related reliefs.

¶53

Material facts for the disposal of the writ petition are as follows:-

¶54

Petitioner was an employee of the Quilon District Whole Sale Co-operative Consumer Stores Ltd., No.Q.291 and retired on superannuation on 16.08.1992 as its Managing Director. Even though, as per Exts.P1 and P2 pension scheme is launched, the society in question has not enrolled in the pension scheme. According to the petitioner, the society was managed by the administrator or administrative committee for quite sometime and therefore no steps were initiated by the said statutory authorities to

¶55

W.P.(C)NO.19215 OF 2013 2

¶56

enroll the society with the pension board as per Exts.P1 and P2 schemes. It is in this background, this

¶57

writ petition is filed, seeking appropriate direction.

¶58

Heard learned counsel for the petitioner, learned Government Pleader and learned counsel appearing for the first respondent pension board. Learned counsel for the petitioner reiterated the contentions raised in the writ petition. However, learned counsel for the first respondent submitted that, pension board is liable to make to pay the pension only when the society and the said employees are enrolled as per the scheme. Having not enrolled, petitioner is not entitled to get any pension from the pension board. Learned counsel for the petitioner submitted that, there may be a direction to the administrator in charge of the society in question to take necessary steps to enroll the society with the first respondent pension board by providing necessary details with respect to the petitioner and other employees. In that view of the matter, I think it is

¶59

W.P.(C)NO.19215 OF 2013

¶60

¶61

only appropriate that, a direction is issued to the third respondent administrator to take necessary steps to enroll the Quilon District Whole Sale Co-operative Consumer Stores Ltd., No.Q.291 in the pension scheme by providing sufficient details and records to the first respondent. The same shall be done within a period of two months from the date of receipt of a copy of this judgment and the pension board shall take necessary steps thereafter for enrolling the petitioner as well as the society in accordance with the provisions of Exts.P1 and P2 schemes passed by the State Government, and pay pension to the petitioner accordingly.

¶62

Writ petition is disposed of accordingly.

¶63

sd/-

¶64

SHAJI P. CHALY, JUDGE

¶65

R.AV

K.G. Gopinathan v. the Kjerala State Co-Operativew Employees Pension Board

Case brief

What is this about?

What did the court decide?

K.G. Gopinathan v. the Kjerala State Co-Operativew Employees Pension Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kunjumol Vs Puthenchira Service Co-Operative Society

Noushad S. Vs Kerala State Road Transport Corporation

Prabhakaran .K. Vs the Secretary Regional Transport Authority

Muralidharan P.K. Vs N.Prasanth

Biju Sreedharan Vs the Secretary Regional Transport Officer

Aneesh Vs the Secretary