This writ petition challenged a refund order for alleged excess gratuity payment. The court held that such orders cannot operate to the petitioner's detriment without a hearing and set them aside.
Impugned refund order and ancillary orders were set aside, with directions to hear the petitioner and issue fresh orders.
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 DEVAN RAMACHANDRAN
FRIDAY, THE 13TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944
WP(C) NO. 17065 OF 2020
PETITIONER:
B.VIJAYAN AGED 59 YEARS S/O. P.K.BHASKARAN, 'ATHIRA', EDAVATTOM P.O., THALAYOLAPARAMBU, KOTTAYAM 686 605 (RETIRED SECRETARY, MARAVANTHURUTHU SERVICE CO-OPERATIVE BANK LTD.NO.121 EDAVATTOM P.O., THALAYOLAPARAMBU 686 605).
BY ADVS. A.K.PREETHA SRI.C.ANIL KUMAR
RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOTTAYAM, O/O. THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, CIVIL STATION, KOTTAYAM686 001.
2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) O/O. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, VAIKOM P.O., KOTTAYAM-686 141.
3 SECRETARY MARAVANTHURUTHU SERVICE CO-OPERATIVE BANK LTD.NO.121 EDAVATTOM P.O., THALAYOLAPARAMBU 686 605.
BY ADV SRI.M.SASINDRAN
SMT.RESMI THOMAS-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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DEVAN RAMACHANDRAN, J.
W.P. (C) No.17065 of of 2020
Dated this the 13th day of January, 2023
JUDGMENT
The petitioner, who is stated to have retired from the services of the 3rd respondent – Society, impugns Ext.P1 order issued by it, asking him to refund an amount Rs.6,32,025/-, on the allegation that it is construed to be excess payment in the account of his Gratuity. The petitioner explains that Ext.P1 appears to have been issued on the basis of Exts.P2 and P3 orders of the Assistant Registrar and the Joint Registrar of Co-operative Societies respectively; but argues that the rigour of its contents could not have been used against him. He argues that Ext.P1 is also illegal because it has been issued without affording him an opportunity of being heard.
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option but to follow Exts.P2 and P3 orders of the Assistant Registrar and the Joint Registration of Co-operative Societies respectively. He prayed that, therefore, this Writ Petition be dismissed as against his client.
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opportunity of being heard. Since Ext.P1 had been issued solely on the basis of Exts.P2 and P3; same would also have to be interdicted for the very same reason. If the Statutory Authorities had a case that petitioner could not have obtained more than the statutory limit as Gratuity – either under the Payment of Gratuity Act or under Section 59 of the Kerala Cooperative Societies Act - they ought to have been heard him before Exts.P2 or P3 could have been issued.
In the afore circumstances, I allow this Writ Petition and set aside Ext.P1; with a consequential declaration that Exts.P2 and P3 cannot be applied to the petitioner's detriment, until such time as the competent among the respondents hear him and issue a fresh order in terms of law, after assessing all his contentions.
Sd/-DEVAN RAMACHANDRAN, JUDGE
lsn
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APPENDIX OF WP(C) 17065/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 12.8.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF LETTER NO.883/2020 DATED 6.8.2020 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE LETTER NO.JRGKTM/748/2020/LDIS-CRP 2 DATED 26.7.2020 ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT.
RESPONDENT S EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
2 issues framed by the court
Whether a refund order demanding excess gratuity payment can operate to the petitioner's detriment without affording him an opportunity of being heard.
Whether orders directing compliance with lower statutory limits on gratuity were issued without hearing the petitioner first.
2 provisions across 2 enactments
B.Vijayan
Joint Registrar of Co-operative Societies (General) Kottayam
Assistant Registrar of Co-operative Societies (General) VAIKOM P.O.
Secretary Maravantaluruthu Service Co-operative Bank Ltd.
Resmi Thomas
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
