Allowed

Viswanatha Mallan v. Registrar of Co-Operative Societies

Kerala HC22 Mar 2019WP(C)/7826/2019

Case brief

AI extract

What is this about?

The High Court held that a Bank cannot unilaterally adjust an retired employee's retiral benefits based solely on Rule 198(7). The Court directed the Bank to pay the full amount within 60 days to avoid delay, reserving the employee's right to future deductions only if quantified via arbitration under Section 69 of the KCS Act.

What did the court decide?

Directed the 2nd respondent Bank to pay the entire retiral benefits to the petitioner within 60 days of the judgment date.

Viswanatha Mallan Vs Registrar of Co-Operative Societies — Cooperative Societies | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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FRIDAY ,THE 22ND DAY OF MARCH 2019 / 1ST CHAITHRA, 1941

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WP(C).No. 7826 of 2019

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PETITIONER/S:

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VISWANATHA MALLAN, AGED 60 YEARS S/O.LATE SREEDHARA MALLAN, 57/B, KUNDELATTU HOUSE, S.L.PURAM.P.O., CHERTHALA, ALAPPUZHA DISTRICT.

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BY ADV. SRI.N.SASI

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RESPONDENT/S:

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1 REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD.P.O., THIRUVANANTHAPURAM, PIN-695014.

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2 KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, CO BANK TOWER, P.B.NO.6515, VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM, PIN-695033.

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BY ADVS. SRI.GILBERT GEORGE CORREYA-SC, SMT.C.S.SHEEJA-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 7826/19

JUDGMENT

The petitioner says that he retired from

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the services of the 2^nd respondent Bank on 30.04.2017 but that he has not been paid his

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retiral benefits until now.

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Sri. Gilbert George Correya, the

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learned Standing Counsel for the 2^nd respondent,

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submits that the retiral benefits of the

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petitioner have been retained by the Bank invoking Rule 198(7) of the Kerala Co-operative Societies Rules (KCS Rules for short) because

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certain large amounts are due from him as

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liability. He says that the Bank will, therefore, only pay the retiral benefits to the petitioner after adjusting this liability.

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Even when I hear the learned Standing

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Counsel for the Bank as afore, the fact remains that since the petitioner has already retired from service, the Bank cannot unilaterally adjust any amounts from his retiral benefits;

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WPC 7826/19

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but they will have to invoke the provisions of

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Section 69 of the KCS Act by approaching the competent Arbitrator for the quantification of

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the liability against him. Without such quantification, it is not possible for the Society, going by the provisions of the KCS Act or Rules, to withhold any amount, except under

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the limited mandate of Rule 198(7) of the said Rules.

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Keeping this in mind, I asked Sri.

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Sasi N., the learned counsel for the petitioner, whether his client would be willing to wait for a short period, within which time, the Bank can

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invoke their remedies before the competent

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Arbitrator; to which he replied that his client does not stand in the way of the Society doing

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so; but that the balance of the alleged

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liability be directed to be paid to him without any further delay.

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Taking note of the afore submissions, I

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order this writ petition and direct the 2^nd

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WPC 7826/19

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respondent-Bank to pay the entire retiral benefits to the petitioner within a period of 60 days from the date of receipt of a copy of this judgment; which time can be used by them to approach the competent Arbitrator and to obtain necessary orders against the petitioner.

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I make it clear that even if an interim

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order or Award is issued against the petitioner, in the arbitration proceedings to be initiated by the Bank within the time afore granted, the amounts of his retiral benefits that are more than the claim of the Bank will be paid to the petitioner within the period granted herein

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without fail.

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This writ petition is thus ordered.

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Sd/-

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DEVAN RAMACHANDRAN

JUDGE

WPC 7826/19

APPENDIX

PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WP.C.NO.5478/18 DATED 19.2.2018. EXHIBIT P2 TRUE COPY OF THE LETTER NO.P&E/PD/SVM/448/2018-19 DATED 7.5.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE TREATMENT RECORDS OF PETITIONER ISSUED BY AMRITHA HOSPITAL.

Viswanatha Mallan v. Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

Viswanatha Mallan v. Registrar of Co-Operative Societies

Case brief

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What did the court decide?

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