Remanded

P.Vijayakumaran v. State of Kerala

Kerala HC23 Nov 2016WP(C)/3046/2014

Case brief

AI extract

What is this about?

Employees of a cooperative bank challenged the Registrar's order downgrading their society from Class II to Class III. The court questioned the justification for downgrading based on financial records and set aside the impugned order, directing reconsideration. Petitioners to be heard before a final order.

What did the court decide?

The impugned order is set aside. The Joint Registrar shall reconsider the matter within two months after adding the Balance Sheet, with hearing to petitioners and Society Secretary.

P.Vijayakumaran Vs State of Kerala — Company and Corporate | 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 A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 23RD DAY OF NOVEMBER 2016/2ND AGRAHAYANA, 1938

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WP(C).No. 3046 of 2014 (E)

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PETITIONER:

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1. P.VIJAYAKUMARAN, INTERNAL AUDITOR, (SECRETARY IN CHARGE) AMBALAVAYAL SERVICE CO-OPERATIVE BANK NO F-7604 , AMBALAVAYAL, WYNAD DISTRICT.

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2. K V SUSHAKUMARI, ACCONTANT, AMBALAVAYAL SERVICE CO-OPERATIVE BANK NO F 7604, AMBALAVAYAL, WYNAD DISTRICT.

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3. M C MURALEEDHARAN, ATTENDER AMBALAVAYAL SERVICE CO-OPERATIVE BANK NO F 7604, AMBALAVAYAL, WYNAD DISTRICT.

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4. NISHA P MATHAI, PEON, AMBALAVAYAL SERVICE CO-OPERATIVE BANK NO F 7604, AMBALAVAYAL, WYNAD DISTRICT.

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5. M.RUKHIYA, PEON, AMBALAVAYAL SERVICE CO-OPERATIVE BANK NO F 7604, AMBALAVAYAL, WYNAD DISTRICT.

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6. VIPIN SANKAR, NIGHT WATCHMAN, AMBALAVAYAL SERVICE CO-OPERATIVE BANK NO F 7604, AMBALAVAYAL, WYNAD DISTRICT.

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BY ADVS.SRI.M.SASINDRAN

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SRI.V.VENUGOPAL

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES(G). THIRUVANANTHAPURAM-695001.

.....2/-

..2..

WP(C).No. 3046 of 2014 (E)

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3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCITIES(G), WAYANAD-673121.

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4. THE AMBALAVAYAL SERVICE CO-OPERATIVE BANK LTD NO F 7604, AMBALAVAYAL, WYNAD DISTRICT, REP BY ITS SECRETARY PIN-673593.

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R1-3 BY GOVERNMENT PLEADER SMT.POOJA SURENDRAN R4 BY ADV. SRI.P.N.MOHANAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3046 of 2014 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1:A TRUE COPY OF THE SRO NO 9/2010 DTD 4/1/2010

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P2:A TRUE COPY OF THE ORDER DTD 15/2/2008 FURTHER CLASSIFYING THE 4TH RESPONDENT SOCIETY AS CLASS II

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P3:A TRUE COPY OF THE APPLICATION AND PROFORMA SUBMITTED ALONG WITH THE APPLICATION FOR RETAINING THE SOCIETY IN CLASS II

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P4:A TRUE COPY OF THE AUDIT CERTIFICATE OF THE YEAR 2012-2013 WHICH WOULD SHOW THAT THE SOCIETY HAS BEEN RUNNING IN PROFIT AND THE CLASSIFICATION ETC

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P5:A TRUE COPY OF THE CIRCULAR NO 32/13 DTD 2/4/2013

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P6:A TRUE COPY OF THE ORDER NO 3102/13/CRP DTD 30/9/2013 ISSUED BY THE 3RD RESPONDENT JOINT REGISTRAR CLASSIFYING THE 4TH RESPONDENT SOCIETY AS CLASS II

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P7:A TRUE COPY OF THE INTERIM ORDER DTD 2/12/2013 IN WPC NO 29554 OF 2013

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

A. MUHAMED MUSTAQUE, J.

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W.P(C). No.3046 of 2014

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Dated this the 23^rd day of November, 2016

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JUDGMENT

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The petitioners, who are the employees of the 4^th respondent Society, approached this Court for recovery as well as reduction of pay and allowances, consequent upon classification of the 4^th respondent Society from Class II to Class III. The petitioners submits that Society has complied all mandatory requirement to retain the status of Class II.

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However, it is submitted that on account of non-

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compliance of Stipulation 5 & 6 in Ext.P5 Circular of Class II Society, the 4^th respondent Society is ordered to be classified as Class III. Petitioners refer to Ext.P3 Balance Sheet and submits that the Society was on profit for one year [20122013], which is a judgment of Stipulation 5. Therefore, in the light of the fact that the society had already complied with stipulation No.4 of Class II Society as referred to in Ext.P5, it is

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contended. The 4^th respondent Society is entitled to retain the status of Class II.

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W.P(C). No.3046 of 2014

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This Court is of the view that in the light of Ext.P4 Balance Sheet, the matter requires to be reconsidered. Accordingly, the impugned order is set aside. The Joint Registrar shall reconsider the matter after adverting to the Balance Sheet of the 4^th respondent Society within a period of two months from the date of receipt of a certified copy of this judgment. Before passing final order, petitioners as well as the Secretary of the Society shall be heard.

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The writ petition is disposed of.

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Sd/- A. MUHAMED MUSTAQUE,

JUDGE

sp/24/11/16

//True Copy//

P.A. to Judge

P.Vijayakumaran v. State of Kerala

Case brief

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P.Vijayakumaran v. State of Kerala

Case brief

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