Allowed

Thomaskutty.C.G v. Melila Servive Co-Operative Bank

Kerala HC25 Nov 2022WP(C)/16381/2021

Case brief

AI extract

What is this about?

This writ petition concerns the disbursement of eligible gratuity to a retired petitioner by a Co-operative Bank. The Court directed the Society to pay the gratuity minus the conceded liability of Rs.1,13,543 under an uncontested order, granting liberty for future actions regarding balance amounts.

What did the court decide?

Directing the 1st Respondent to pay the balance gratuity after deducting Rs.1,13,543/- as per Ext.R1(a) within two months.

Thomaskutty.C.G Vs Melila Servive… — Pension and Retirement Benefits | Kerala HC (2022)

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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 25TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA,

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WP(C) NO. 16381 OF 2021

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PETITIONER:

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THOMASKUTTY.C.G
AGED 59 YEARS
CHARUVILA HOUSE, CHENGAMANADU .P.O,
KOTTARAKKARA, KOLLAM.
BY ADVS.
P.N.MOHANAN
C.P.SABARI
AMRUTHA SURESH

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RESPONDENTS:

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1MELILA SERVIVE CO-OPERATIVE BANK
REPRESENTED BY ITS SECRETARY,
CHENGAMANADU.P.O, KOTTARAKKARA,
KOLLAM-691557.
2THE MANAGING COMMITTEE OF MELILA SERVICE CO-
OPERATIVE BANK LTD.NO.Q.170,
REPRESENTED BY ITS PRESIDENT, CHENGAMANADU.P.O,
KOTTARAKKARA,
KOLLAM-691557.
3THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, CIVIL STATION.P.O,
KOLLAM-691013.
BY ADVS.
S.P.ARAVINDAKSHAN PILLAY
N.SANTHA
V.VARGHESE
PETER JOSE CHRISTO
S.A.ANAND
K.N.REMYA

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W.P (C) No.16381/21

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..2..

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L.ANNAPOORNA
VISHNU V.K.
ABHIRAMI K. UDAY
KURUVILLA SABU CHRISTY

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SMT.PARVATHY.K-GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P (C) No.16381/21

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JUDGMENT

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The petitioner is stated to have retired from the services of the 1^st respondent – “Melila Service Co-operative Bank” (‘Society’ for short), on attaining the age of superannuation, on 30.05.2020; but alleges that his eligible gratuity has not been yet disbursed to him. He says that he, therefore, approached the Society several times for this purpose, but that they have refused to accede to it, merely saying that there is a liability of over Rs.20 Lakhs found against him.

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Sri.C.P.Sabari – learned counsel for the petitioner, argued that law has now been well settled by this Court, that a Society cannot unilaterally fix liability against an employee, without initiating a legally sanctioned process; and therefore, that their allegation that there is an amount of Rs.20 Lakhs due from his client, is untenable and improper. He, thus, reiteratingly prayed that the reliefs sought for in this writ petition be granted to his client.

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In response, Sri.Aravindakshan Pillay – learned Standing Counsel for the Society, submitted that this writ

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W.P (C) No.16381/21

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..4..

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petition is not maintainable, since, the petitioner has suppresed the fact that he had earlier approached the Commissioner for DIsabilities and obtained Ext.R1(a) order, wherein, he conceded that an amount of Rs.1,13,543/- is his liability. He submitted that, therefore, the only relief that petitioner can seek from this Court is the gratuity be paid to him in terms of the said order; however, adding that, since larger amounts are due from him, the Society has already initiated arbitration proceedings.

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When I evaluate and assess the afore submissions, it is evident that the petitioner had earlier approached the statutory Commissioner for Disabilities to obtain Ext.R1(a), wherein, it is recorded that he had agreed that an amount of Rs.1,13,543/- can be fixed as liability from him and that he has no objection in having the said amount adjusted by the Society from his retiral benefits.

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Even though the petitioner now resiles from this, the fact remains that Ext.R1(a) has not been challenged by him. Therefore, as matters now stand, I must accept Ext.R1(a) to be an order which is uncontested, subject of course, to the rights

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..5..

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W.P (C) No.16381/21

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of the petitioner to initiate any action against it if he is so advised in future; and thus, to direct the Society to honour it without any delay.

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In fact, Sri.Aravindakshan Pillay – learned Standing Counsel for the Society, submitted that his client has now filed an additional counter affidavit dated 14.11.2022, acceeding to the afore and that they will pay the balance amounts to the petitioner in terms of Ext.R1(a), without any further delay.

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In the afore circumstances I allow this writ petition with the following directions:

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a. The 1^st respondent – Society will abide by Ext.R1(a), dehors the fact that the petitioner has not made an undertaking as mentioned therein; and pay to him the balance gratuity, after deducting an amount of Rs.1,13,543/-, within a period of two months from the date of receipt of a copy of this judgment.

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b. I leave liberty to the petitioner to initate any available legal action against the aforementioned amount of Rs.1,13,543/-.

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c. As far as the Society is concerned, they are at full

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W.P (C) No.16381/21

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liberty to pursue any action to be initiated or to be done so in future for recovery of any liability from the petitioner, in addition to the aforementioned amount of Rs.1,13,543/-; in which event, all contentions of the parties are left open to be adjudicated appropriately.

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d. Taking note of the afore peculiar circumstances, I refrain from passing any orders on the request of the petitioner for interest and leave it also open for him to initiate apposite action for the same before the competent Authority/Forum.

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Sd/-

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DEVAN RAMACHANDRAN, JUDGE

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ACR

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..7..

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W.P (C) No.16381/21

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APPENDIX OF WP(C) 16381/2021

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE ELIGIBLE CANDIDATES
PUBLISHED BY THE CO-OPERATIVE SERVICE
EXAMINATION BOARD

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Exhibit P2A TRUE COPY 0F THE GO.O.P.NO.
32/2021/CO-OP DATED 15.02.2021
Exhibit P3A TRUE COPY OF THE JUDGMENT AS
REPORTED IN 2014(2)KLJ 707
Exhibit P4A TRUE COPY OF THE JUDGMENT AS
REPORTED IN 2018(3)KLT.347
Exhibit P5A TRUE COPY OF THE LETTER DATED
27.01.2021 OF THE ASSISTANT REGISTRAR,
KOTTARAKKARA.
Exhibit P6A TRUE COPY OF THE COMPLAINT DATED
20.01.2021 SUBMITTED BY THE JOINT
REGISTRAR
Exhibit P7A TRUE COPY OF THE COMMUNICATION DATED
04.01.2021 OF THE JOINT REGISTRAR
Exhibit P8A TRUE COPY OF THE COMMUNICATION NIL
DATED TO THE JOINT REGISTRAR
Exhibit P9A TRUE COPY OF THE DECISION DATED
30.01.2019 OF THE MANAGING COMMITTEE
Exhibit P10A TRUE COPY OF THE UNDERTAKING DATED
11.08.2020 OF THE PETITIONER.

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RESPONDENT EXHIBITS

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Exhibit R1 (e)TRUE COPY OF THE PETITION DATED
24.12.2021 BY THE 1ST RESPONDENT
BEFORE THE CIRCLE OFFICER,
KOTTARAKKARA CO-OPERATIVE SOCIETY.

Thomaskutty.C.G v. Melila Servive Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Thomaskutty.C.G v. Melila Servive Co-Operative Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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