Allowed

Kerala State Co-Operative Agricultural and Rural Development Bank Employees Association, v. State of Kerala

Kerala HC11 Jan 2023WP(C)/3485/2020

Case brief

AI extract

What is this about?

The High Court allowed writ petitions challenging orders directing termination of the Staff Retirement Benefits Fund of a Cooperative Bank. It directed distribution of the existing corpus to eligible members with interest calculated at annual rest, leaving future continuation of the fund to Government decision.

What did the court decide?

Direction to distribute available SRBF corpus to eligible members with interest at annual rest within two months; Government to decide future of SRBF within six months.

Kerala State Co-Operative Agricultural and Rural… — Cooperative Societies | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 11^TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944

¶4

WP(C) NO. 26265 OF 2019

¶5

PETITIONERS:

¶6

1 KERALA STATE CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK EMPLOYEES UNION (BEFI), REGISTERED NO.327/7- THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY, SRI.S.REMASAN, DEPUTY MANAGER,KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, STATUE, THIRUVANANTHAPURAM-695001.

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2 S.SHEEJA, ASSISTANT MANAGER, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, STATUE, THIRUVANANTHAPURAM-695001.

¶8

3 J.GOPI, DRIVER (RETIRED), RESIDING AT DHARSANA, ATTINGAL ROAD, VENJARAMOOD.P.O, THIRUVANANTHAPURAM-695607.

¶9

BY ADVS.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR SMT.SMITHA S.PILLAI SMT.ALICE THOMAS SMT.M.C.SINY

¶10

RESPONDENTS:

¶11

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695001.

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3 KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, REPRESENTED BY ITS MANAGING DIRECTOR, STATUE, THIRUVANANTHAPURAM-695001.

¶14

4 THE BOARD OF DIRECTORS, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, THIRUVANANTHAPURAM-695001.

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WP(C)Nos. 26265/2019, 3485/2020,

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8303/2020, 35162/2019

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-2-

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5 THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES/OFFICER ON SPECIAL DUTY, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, STATUE, THIRUVANANTHAPURAM-695001

¶19

*ADDL.R6 THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK TECHNICAL STAFF ASSOCIATION, HEAD OFFICE, STATUE JUNCTION, THIRUVANANTHAPURAM – 695001, REPRESENTED BY ITS SECRETARY, ANILKUMAR M.A., AGRICULTURAL OFFICER, THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, STATUE, THIRUVANANTHAPURAM-695 001.

¶20

*ADDL.R6 IS IMPLEADED AS PER ORDER DATED 27-112019 IN IA 1/2019.

¶21

BY ADVS.SRI.P.P.THAJUDEEN, SPL.GP M.A.ASIF LIJU. M.P SRI.K.ANAND (A-1921) SRI.K.JAJU BABU (SR.)

¶22

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2023, ALONG WITH WP(C).3485/2020, 8303/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)Nos. 26265/2019, 3485/2020,

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8303/2020, 35162/2019

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¶26

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶27

PRESENT

¶28

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶29

WEDNESDAY, THE 11^TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944 WP(C) NO. 3485 OF 2020

¶30

PETITIONERS:

¶31

1 KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK EMPLOYEE'S ASSOCIATION, REGISTRATION NO.18/84, LAND BANK BUILDINGS, STATUE JUNCTION, GENERAL POST OFFICE, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS GENERAL SECRETARY, SAKEERUDEEN SAIT.

¶32

2 THOMASKUTTY THOMAS, AGED 53 YEARS, S/O.THOMAS, WORKING AS REGIONAL MANAGER, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, REGIONAL OFFICE, NAGAMPADOM, S.H.MOUNT.P.O., KOTTAYAM-686006.

¶33

3 SIVAKUMAR K.S., AGED 51 YEARS, S/O.K.S.SREENIVASA IYER, WORKING AS ASSISTANT MANAGER, REGIONAL OFFICE, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, SOUTH OF T.D. HIGH SCHOOL, PALACE WARD, IRON BRIDGE P.O., ALAPPUZHA-688011.

¶34

BY ADVS.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY

¶35

RESPONDENTS:

¶36

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, COOPERATION DEPARTMENT GOVT. SECRETARIAT, STATUE JUNCTION, GENERAL POST OFFICE, THIRUVANANTHAPURAM, PIN-695001.

¶37

2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKARANA BHAVAN, DPI, VAZHUTHACAUD,

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WP(C)Nos. 26265/2019, 3485/2020,

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8303/2020, 35162/2019

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GENERAL POST OFFICE, P.O.THIRUVANANTHAPURAM, PIN-695001.

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3 KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, STATUE JUNCTION, GENERAL POST OFFICE, THIRUVANANTHAPURAM, PIN695001, REPRESENTED BY ITS MANAGING DIRECTOR.

¶43

4 THE BOARD OF DIRECTORS, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, STATUE JUNCTION, GENERAL POST OFFICE, THIRUVANANTHAPURAM, PIN-695001.

¶44

5 THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES/OFFICER ON SPECIAL DUTY, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, STATUE JN., THIRUVANANTHAPURAM, PIN-695001.

¶45

BY ADVS.M.A.ASIF, SRI.P.P.THAJUDHEEN, SPL.GP

¶46

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2023, ALONG WITH WP(C).26265/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶47

WP(C)Nos. 26265/2019, 3485/2020,

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8303/2020, 35162/2019

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-5-

¶50

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶51

PRESENT

¶52

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶53

WEDNESDAY, THE 11^TH DAY OF JANUARY 2023 / 21ST POUSHA,

¶54

1944

¶55

WP(C) NO. 8303 OF 2020

¶56

PETITIONERS:

¶57

1 M.S.HARIKUMAR, AGED 59 YEARS, S/O. SIVASANKARA PILLAI, (ASSISTANT MANAGER - RETIRED, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY RESIDING AT MANGALATHU VEEDU, PALLICKAL P.O., KOTTARAKKARA KOLLAM DISTRICT, PIN-691 566.

¶58

2 P.RAJEEV KUMAR, AGED 59 YEARS, S/O. G.PADMANABHAN NAIR (LAW OFFICER RETIRED - KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY RESIDING AT SREELAKSHMI SANTHI VILA NEMOM P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 020.

¶59

3 SABU K.ITTY, AGED 59 YEARS, S/O. K.V. ITTY, (ASSISTANT MANAGER-RETIRED, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY RESIDING AT KALARICKAL HOUSE, ST PETERS LANE, M.C. ROAD, PERUMBAVOOR P.O., ERNAKULAM DISTRICT, PIN-683 542.

¶60

4 A.P.SAVITHRI, AGED 59 YEARS, D/O. A.S.PRABHAKARAN NAIR, (ASSISTANT MANAGERRETIRED, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY RESIDING AT RAMANILAYAM, EAST KADUNGALLOOR, U.C.COLLEGE P.O., ALUVA, ERNAKULAM DISTRICT, PIN-683 102.

¶61

5 M.PRAKASH, AGED 59 YEARS, S/O. M.ANANTHAN, (ASSISTANT MANAGER-RETIRED, KERALA STATE

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WP(C)Nos. 26265/2019, 3485/2020,

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8303/2020, 35162/2019

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-6-

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CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY RESIDING AT DWARAKA, UDHAYANAGAR COLONY, NELLIKKODU P.O., KOZHIKODE DISTRICT, PIN-673 016.

¶66

6 T.PRABHAKARAN, AGED 59 YEARS, S/O. AMBADI KUNHI. T (DRIVER-RETIRED, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY RESIDING AT THOTTATHIL HOUSE, PALAYIPUTHARIYADUKAM P.O., NILESHWAR, KASARGOD DISTRICT, PIN-671 314.

¶67

7 REGHU KUMAR N., AGED 59 YEARS, S/O. NARAYANA PILLAI, (ATTENDER-RETIRED, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY RESIDING AT GEETHAM WEST OF SARGA JUNCTION, AVALOOKUNNU P.O., GURUPURAM, ALAPPUZHA DISTRICT, PIN-688 006.

¶68

8 C.K.LATHA, AGED 59 YEARS, D/O.C.I.KOCHU MATHEW, (ASSISTANT MANAGER-RETIRED, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY RESIDING AT ANUGRAHAM PUTHIYAPALAM, PUTHIYARA P.O., KOZHIKODE DISTRICT, PIN-673 004.

¶69

9 P.JOHN VARGHESE, AGED 59 YEARS, S/O. CHACKO YOHANNAN, (DEPUTY MANAGER-RETIRED, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY RESIDING AT KALEECKAL NIKHIL BHAVAN, PULAMON P.O., KOTTARAKKARA, KOLLAM DISTRICT, PIN-691 531.

¶70

10 K.BALASUBRAMANIAN, AGED 59 YEARS, S/O. R.KRISHNASWAMY (DEPUTY MANAGER-RETIRED, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY RESIDING AT PAVITHRALAYAM, PUTHENTHARA, DEVANGAPURAM-2, CHITTUR P.O., PALAKKAD DISTRICT, PIN-678 101.

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WP(C)Nos. 26265/2019, 3485/2020,

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8303/2020, 35162/2019

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-7-

¶74

11 K.VENUGOPALAN NAIR, AGED 59 YEARS, S/O. P.KRISHNA PILLAI, (ASSISTANT MANAGERRETIRED, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.), PRESENTLY RESIDING AT EDAVANAKONATHU VEEDU, SANTHIGIRI, P.O. POTHENCODE, THIRUVANANTHAPURAM DISTRICT, PIN-695 589.

¶75

BY ADVS.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY

¶76

RESPONDENTS:

¶77

1 KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., STATUE JUNCTION, GENERAL POST OFFICE, THIRUVANANTHAPURAM, PIN-695 001, REPRESENTED BY ITS MANAGING DIRECTOR.

¶78

2 THE BOARD OF DIRECTORS, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, STATUE JUNCTION, GENERAL POST OFFICE, THIRUVANANTHAPURAM, PIN695 001, REPRESENTED BY ITS PRESIDENT.

¶79

3 THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES/OFFICER ON SPECIAL DUTY, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, STATUE JN. THIRUVANANTHAPURAM-695 001.

¶80

4 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT OF GOVT. SECRETARIAT, STATUE JUNCTION, GENERAL POST OFFICE, THIRUVANANTHAPURAM, PIN-695 001.

¶81

5 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKARANA BHAVAN, DPI, VAZHUTHACAUD, GENERAL POST OFFICE P.O., THIRUVANANTHAPURAM, PIN-695 001.

¶82

WP(C)Nos. 26265/2019, 3485/2020, 8303/2020, 35162/2019

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¶84

BY ADVS.M.A.ASIF, SRI.P.P.THAJUDHEEN, SPL.GP

¶85

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2023, ALONG WITH WP(C).26265/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶86

WP(C)Nos. 26265/2019, 3485/2020,

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8303/2020, 35162/2019

¶88

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¶89

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶90

PRESENT

¶91

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶92

WEDNESDAY, THE 11^TH DAY OF JANUARY 2023 / 21ST POUSHA,

¶93

1944

¶94

WP(C) NO. 35162 OF 2019

¶95

PETITIONERS:

¶96

1 THOMSON JOSEPH, AGED 57 YEARS, S/O.JOSEPH, WORKING AS DY.MANAGER, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.56, REGIONAL OFFICE, KADAVANTHRA, ERNAKULAM, RESIDING AT KARUKAPPALLY HOUSE, NADAKKAVU P.O., UDAYAMPEROOR - 682 307.

¶97

2 C.RAMADAS, AGED 52 YEARS, SON OF C.SANKARA MENON, WORKING AS DY.MANAGER KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.56, REGIONAL OFFICE, MARAR ROAD, THRISSUR - 680 001, RESIDING AT CHATHANATH HOUSE, KEERTHI NAGER, CHIYYARAM P.O., THRISSUR - 680 026.

¶98

BY ADVS.T.P.DEYANANTHAN SRI.A.V.RAMAKRISHNA PANICKER SRI.S.KRISHNALAL

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶101

2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001.

¶102

3 KERALA STATE CO-OPERATIVE AGRICULTURAL AND

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WP(C)Nos. 26265/2019, 3485/2020,

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8303/2020, 35162/2019

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RURAL DEVELOPMENT BANK LTD.NO.56, REPRESENTED BY THE MANAGING DIRECTOR, H.O., STATUE, THIRUVANANTHAPURAM - 695 001.

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4 THE BOARD OF DIRECTORS, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.56, THIRUVANANTHAPURAM - 695 001.

¶108

5 THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES/OFFICER ON SPECIAL DUTY TO KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.56, HEAD OFFICE, STATURE, THIRUVANANTHAPURAM - 695 001.

¶109

*ADDL.R6 THE LABOUR COMMISSIONER, THOZHIL BHAVAN, VIKAS BHAVAN P.O., PMG, THIRUVANANTHAPURAM . [ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED 22.12.2022 IN WP(C) 35162/2019]

¶110

BY ADVS.SRI.P.P.THAJUDHEEN, SPL.GP M.A.ASIF, SMT.NISHA GEORGE

¶111

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2023, ALONG WITH WP(C).26265/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)Nos. 26265/2019, 3485/2020,

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8303/2020, 35162/2019

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JUDGMENT

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[WP(C) Nos.26265/2019, 3485/2020, 8303/2020, 35162/2019]

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Since the legal issues involved and the

¶118

factual circumstances presented in these cases

¶119

are similar, if not identical, I propose to

¶120

dispose of all of them through this judgment, with the consent of all sides.

¶121

Certain Unions of employees and the

¶122

employees of the 'Kerala State Co-operative Agricultural Rural Development Bank' ('Society', for short), have approached this Court impugning

¶123

the orders of Registrar of Co-operative

¶124

Societies and the Government, directing that the 'Staff Retirement Benefits Fund' (hereinafter to

¶125

be referred to as 'SRBF', for brevity) be

¶126

forthwith terminated, since it goes contrary to

¶127

the provisions of the Kerala Co-operative Societies Act, 1969 ('KCS Act', for short).

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WP(C)Nos. 26265/2019, 3485/2020, 8303/2020, 35162/2019

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The petitioners assert that the 'SRBF'

¶131

was introduced in the year 1961, on the edifice of a decision taken by the Board of Directors of the Society; and that it had been approved by the Registrar of Co-operative Societies. They say that a large corpus is available in the fund; but that, on account of the impugned orders in these cases, its disbursement has now been indefinitely delayed. They thus pray that the orders impugned in these cases be set aside and the Society be directed to take immediate action to disburse the amounts in the Corpus of the 'SRBF', to them with applicable interest,

¶132

within a time frame to be fixed by this Court.

¶133

I have heard Sri.N.Nandakumara Menon –

¶134

learned Senior Counsel, instructed by

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Sri.P.K.Manoj Kumar, appearing for the

¶136

petitioner in W.P.(C)No.26265/2019; Sri.K.Jaju Babu - learned Senior Counsel, instructed by

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WP(C)Nos. 26265/2019, 3485/2020,

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8303/2020, 35162/2019

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¶140

Sri.M.P.Liju learned counsel for respondent No.6 in W.P.(C)No.26265/2019;

¶141

Sri.T.P.Deyananthan – learned counsel for the petitioners in W.P.(C)No.35162/2019; Sri.John Joseph Vettikad for the petitioners in W.P. (C)Nos.3485/2020 and 8303/2020; Sri.M.A.Asif –

¶142

learned Standing Counsel appearing for the

¶143

Society and Sri.P.P.Thajudeen – learned Special Government Pleader for Department of

¶144

Co-operation.

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1. The learned Senior Counsel

¶146

Sri.N.Nandakumara Menon and Sri.K.Jaju Babu, vehemently argued that the orders impugned in these cases do not cite any cogent or tenable reasons as to why the 'SRBF' was ordered to be abruptly terminated, even though there is a corpus available in it, for being distributed to all the retired employees of the Society.

¶147

The learned Senior Counsel contended

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WP(C)Nos. 26265/2019, 3485/2020,

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8303/2020, 35162/2019

¶150

that, since the 'SRBF' is a Scheme, introduced as early as in the year 1961, at a time when the employees and the retired employees of the Society had absolutely no other benefits available to them; and when the Society now unequivocally says that they have not joined the Kerala Co-operative Societies Employees Self Financing Pension Scheme, 1994 ('Pension Scheme', for short), there was no credible reason why the orders impugned in these writ petitions should have been issued. They added that Society is consistently running at profit; and that, in any event, the corpus under the 'SRBF' cannot be used for any other purpose; and hence that the reliefs sought for in these writ petitions are imminently deserving of being granted to the petitioners.

¶151

The learned counsel for the petitioners in other cases adopted the afore submissions;

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WP(C)Nos. 26265/2019, 3485/2020, 8303/2020, 35162/2019

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¶154

and reiteratingly prayed that all the writ petitions be allowed.

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Sri.M.A.Asif – learned Standing Counsel

¶156

for the Society, submitted that a counter affidavit has been filed in all cases, wherein, it has been averred that out of the 213 'SRBF'

¶157

account holders, who are entitled to the benefits of the said Scheme, 120 retired from service and only 93 members are still

¶158

continuing in the services of his client, as on 01.01.2023.

¶159

Sri.M.A.Asif then affirmatively added

¶160

that the Society has not joined the 'Pension

¶161

Scheme' and that it continued with the erstwhile

¶162

Scheme under the Employees Provident Fund Organization. He further explained that, even though a meeting of the Trade Unions was convened by the Additional Labour Commissioner in the year 2010, to discuss on the continuation

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WP(C)Nos. 26265/2019, 3485/2020,

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8303/2020, 35162/2019

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of the 'SRBF', no decision could be taken

¶167

therein, particularly because his client had not been invited to its deliberations. He thus

¶168

prayed that no further order be issued against his client.

¶169

Sri.P.P.Thajudheen – learned Special

¶170

Government Pleader, began by saying that the concern of the Government against 'SRBF' is that

¶171

it inures to the persons entitled to it an

¶172

unfair advantage; while causing a burden on the Society. He explained that the Society is surviving on the amounts obtained from the National Bank for Agricultural and Rural Development (NABARD); but conceded, to a pointed question from this Court, that the corpus under the 'SRBF' cannot be used for any other purpose

¶173

other than to be paid to its members.

¶174

Sri.P.P.Thajudheen then conceded that,

¶175

since the Society now says that there are only

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WP(C)Nos. 26265/2019, 3485/2020, 8303/2020, 35162/2019

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limited number of persons who are entitled to the benefits under the 'SRBF', he would not

¶179

stand in the way of the corpus being distributed to them, provided interest is paid only as per the provisions of the Bye-laws and not in excess. He added that, however, further payment under the 'SRBF' be left to the Government to decide, particularly when any further accretion to the corpus can be done only as per the provisions of the 'KCS Act' and the Rules thereunder.

¶180

The afore narrative of the dialectical

¶181

contentions render it indisputable that, as of now, there is a corpus available with the Society under the 'SRBF'. Pertinently, the

¶182

Society, in their additional counter affidavit, specifically avers as under in paragraphs 7 and 10:

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WP(C)Nos. 26265/2019, 3485/2020,

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8303/2020, 35162/2019

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“7. It is submitted that since the amendment to the Act vide Act No. 6/1995 inserting sub section 3A to section 80 of the Act, fresh recruitments to various regular posts included under Rule 186 of the Rules were delayed for want of formulation of the Recruitment Rules which was finalized in consultation with the PSC only in 2018. Therefore except for those few employees who were appointed under the die-in-harness scheme, and those in the Sub Staff category, there was no regular recruitment to the service of the Bank after 1995. It is submitted that except those few recruited as above, no new members are enrolled in the SRBF after 31-03-2018. It is submitted that out of the above 214 SRBF account holders who are entitled for the benefit of the scheme since 01-04-2018, 120 has already retired from the service of the Bank on various dates and 93 members of SRBF alone are still continuing in the service of the Bank as on 01-01-2023.

¶187

10. It is submitted that the Bank has not joined the Co-operative Employees Self Financing Pension Scheme, 1994 constituted under section 80A of the Act but continues in pension scheme under EPFO. It is submitted that even though a meeting of the Trade Unions was convened by the Additional Labour Commissioner on 26-08-2010 as directed by the Government to discuss on the continuation of the SRBF, it is understood that except having recorded the views of the Trade Unions, no fruitful decisions were taken in the said meeting. It is submitted that the Bank was not invited to the meeting held by the Additional Labour Commissioner on 26-08-2010.”

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The afore extracted averments have

¶191

already been touched upon by this Court in the forgoing paragraphs of this judgment; and it is luculent therefrom, that the corpus under the 'SRBF' has not been distributed; while the number of eligible persons to it had not increased. It is also evident that the Society has not joined the statutory 'Pension Scheme'; and that the deliberations with the Trade Unions by the Additional Labour Commissioner in the year 2010, did not result in any “fruitful” decision.

¶192

In the afore perspective, it is

¶193

apodictic that distribution of the corpus to the persons eligible would cause no prejudice even

¶194

to the Society; and, in fact, this is not

¶195

opposed by the Government either. Their concern is that eligible members cannot obtain interest more than what is computed as per the Bye-laws;

¶196

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8303/2020, 35162/2019

¶198

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¶199

and in this regard, the submissions of Sri.M.A.Asif – learned Standing Counsel for the Society - that the earlier calculation of interest, based on Half Yearly Rest, was in error; and that it will be recalculated at

¶200

Annual Rest, as per the Bye-laws - would certainly allay this apprehension.

¶201

15 . I am persuaded to the afore view also on

¶202

account of the averments in the counter affidavit of the Society that it has been registering profits right from its inception; though this Court is cognizant that the stand of the Government is that the profits generated from the sums awarded by the NABARD, which is keeping the Society in such position. But the conceded fact is that Society is operating in profit.

¶203

Resultantly, I allow these writ petitions

¶204

with the following directions:

¶205

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(a) The available corpus in 'SRBF' of the Society, will be distributed to eligible members; however, after calculating the interest on eligible amounts at annual rest basis, rather than on half yearly basis presently adopted by the Society and reflected in the counter affidavit. This shall be done, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.

¶208

(b) I make it clear that continuance of the 'SRBF' will only be as per the decision to be taken by the Government in future; and they shall, therefore, hear the petitioners, as also any other person who may be interested, and take a final decision in this regard within a period of six months, dehors the orders impugned in

¶209

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¶211

these writ petitions.

¶212

(c) I also clarify that none of my afore observations can be interpreted by any person to the effect that this Court has found in favour of continuation of the 'SRBF' in future; and this will certainly abide by the policy decision to be taken by the Government in terms of law. This is also because, Sri.P.P.Thajudheen – learned Special Government Pleader, even to a pointed question from this Court, conceded that the amount of corpus cannot be used for any other purpose, particularly because they are remaining in the individual accounts of the employees.

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Sd/-

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DEVAN RAMACHANDRAN

akv

JUDGE

8303/2020, 35162/2019

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¶220

APPENDIX OF WP(C) 3485/2020

¶221

PETITIONER EXHIBITS

¶222

EXHIBIT P1	THE TRUE COPY OF THE RULE LAID DOWN FOR THE SRBF BY THE 3RD RESPONDENT BANK.
EXHIBIT P2	THE TRUE COPY OF THE LETTER NO.26444/61 PB2 DATED 17.11.1961 THE REGISTRAR OF THE CO-OPERATIVE SOCIETIES.
EXHIBIT P3	THE TRUE COPY OF ORDER NO.CL2/50795/82 DATED 14.1.1983, OF THE REGISTRAR OF CO-OPERATIVE THIRUVANANTHAPURAM.
EXHIBIT P4	THE TRUE COPY OF ORDER NO.EM(1)7703/97 DATED 20.5.1998 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5	THE TRUE COPY OF THE LETTER NO.C.L.T(3)17780/18 DATED 29.9.2018 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT.
EXHIBIT P6	THE TRUE COPY OF THE LETTER DATED 28.11.2018 SENT BY THE 5TH RESPONDENT TO 3RD RESPONDENT.
EXHIBIT P7	THE TRUE COPY OF THE REPRESENTATION DATED 31.12.2018 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT.
EXHIBIT P8	THE TRUE COPY OF LETTER NO.CO-OP- B1/322/2018 DATED 8.7.2019 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P9	THE TRUE COPY OF THE ORDER NO.CLT (3) 117780/2018 DATED 29.7.2019 ISSUED BY

¶223

¶224

8303/2020, 35162/2019

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¶226

THE 5TH RESPONDENT.

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EXHIBIT P10 THE TRUE COPY OF THE INTERIM ORDER DATED 3.10.2019 IN WPC.NO.26265/2019 OF THIS HON'BLE COURT.

¶228

RESPONDENT EXHIBITS

¶229

EXHIBIT R1(A) A TRUE COPY OF SUMMARY OF DEFECTS IN THE AUDIT REPORT 2017-18, PART A. EXHIBIT R1(B) A TRUE COPY OF REPORT RESPONDENT.

¶230

8303/2020, 35162/2019

¶231

¶232

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APPENDIX OF WP(C) 8303/2020

¶234

PETITIONER EXHIBITS

¶235

EXHIBIT P1	THE TRUE COPY OF THE RULE LAID DOWN FOR THE SRBF BY THE 3RD RESPONDENT BANK.
EXHIBIT P2	THE TRUE COPY OF THE LETTER NO.26444/61 PB2 DATED 17.11.1961 THE REGISTRAR OF THE CO-OPERATIVE SOCIETIES.
EXHIBIT P3	THE TRUE COPY OF ORDER NO.CL2/50795/82 DATED 14.1.1983 OF THE REGISTRAR OF CO-OPERATIVE THIRUVANANTHAPURAM.
EXHIBIT P4	THE TRUE COPY OF THE LETTER NO.E1/RET/APRIL/2018 DATED 6.8.2018 ISSUED BY THE 3RD RESPONDENT BANK TO THE 5TH PETITIONER.
EXHIBIT P5	THE TRUE COPY OF THE LETTER NO.E1/RO TSR LOANS/2015-16 DATED 22.2.2018.
EXHIBIT P6	THE TRUE COPY OF THE LETTER DATED 5.2.2020 SUBMITTED BY THE IST PETITIONER TO THE IST RESPONDENT.
EXHIBIT P7	THE TRUE COPY OF THE LETTER DATED 28.2.2020 SUBMITTED BY THE 2ND PETITIONER TO THE IST RESPONDENT.
EXHIBIT P8	THE TRUE COPY OF THE LETTER DATED 20.2.2020 SUBMITTED BY THE 3RD PETITIONER TO THE IST RESPONDENT.
EXHIBIT P9	THE TRUE COPY OF THE LETTER DATED 15.2.2020 SUBMITTED BY THE 4TH PETITIONER TO THE IST RESPONDENT.

¶236

¶237

8303/2020, 35162/2019

¶238

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EXHIBIT P10	THE TRUE COPY OF THE LETTER DATED 20.2.2020 SUBMITTED BY THE 5TH PETITIONER TO THE IST RESPONDENT.
EXHIBIT P11	THE TRUE COPY OF THE LETTER DATED 20.2.2020 SUBMITTED BY THE 6TH PETITIONER TO THE IST RESPONDENT.
EXHIBIT P12	THE TRUE COPY OF THE LETTER DATED 15.2.2020 SUBMITTED BY THE 7TH PETITIONER TO THE IST RESPONDENT.
EXHIBIT P13	THE TRUE COPY OF THE LETTER DATED 18.2.2020 SUBMITTED BY THE 8TH PETITIONER TO THE IST RESPONDENT.
EXHIBIT P14	THE TRUE COPY OF THE LETTER DATED 27.2.2020 SUBMITTED BY THE 9TH PETITIONER TO THE IST RESPONDENT.
EXHIBIT P15	THE TRUE COPY OF THE LETTER DATED 04.2.2020 SUBMITTED BY THE 10TH PETITIONER TO THE IST RESPONDENT.
EXHIBIT P16	THE TRUE COPY OF THE LETTER DATED 07.2.2020 SUBMITTED BY THE 11TH PETITIONER TO THE IST RESPONDENT.
EXHIBIT P17	THE TRUE COPY OF THE LETTER NO.C.L.T(3)17780/18 DATED 29/9/2018 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT
EXHIBIT P18	THE TRUE COPY OF THE LETTER DATED 28/11/2018 SENT BY THE 3RD RESPONDENT TO 1ST RESPONDENT
EXHIBIT P19	THE TRUE COPY OF LETTER NO.CO-OP- B1/322/2018/CO DATED 8/7/2019 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P20	THE TRUE COPY OF THE ORDER NO.CLT(3)

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¶241

8303/2020, 35162/2019

¶242

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17780/2018 DATED 29/7/2019 ISSUED BY THE 3RD RESPONDENT

¶244

RESPONDENT'S/S EXHIBITS : NIL.

¶245

//TRUE COPY// P.A. TO JUDGE

¶246

¶247

-28-

¶248

APPENDIX OF WP(C) 35162/2019

¶249

PETITIONER EXHIBITS

¶250

EXHIBIT P1	THE TRUE COPY OF	THE RULE 1961.
EXHIBIT P2	THE TRUE COPY OF NO.26444/61/PB2	THE LETTER DAATED 17/11/1961.
EXHIBIT P3	THE TRUE COPY OF NO.CLT2/50795/82	THE ORDER DATED 14/01/1983.
EXHIBIT P4	THE TRUE COPY OF 7703/97 DATED 20	THE ORDER EM(1) /05/1998.
EXHIBIT P5	THE TRUE COPY OF THE ORIGINAL PET	THE INTERIM ORDER OF ITION NO.11944/98.
EXHIBIT P5	THE TRUE COPY OF THE ORIGINAL PET	THE INTERIM ORDER OF ITION NO.12001/98.
EXHIBIT P5	THE TRUE COPY OF THE ORIGINAL PET	THE INTERIM ORDER OF ITION NO.12159/98.
EXHIBIT P6	THE TRUE COPY OF ABSTRACT OF DEFI ISSUED VIDE FILE DATED 28/09/2018	THE CERTIFICATE AND CIENCIES TO BE CURED NO.AD(3)4794/2018 .
EXHIBIT P7	THE TRUE COPY OF 17780/13 DATED 2	THE LETTER NO.CLT(3) 9/09/2018.
EXHIBIT P8	THE TRUE COPY OF 17780/2018 DATED	THE ORDER NO.CLT(3) 30/10/2018.
EXHIBIT P9	THE TRUE COPY OF BANK ON 28/11/20	THE LETTER TO THE 19.
EXHIBIT P10	THE TRUE COPY OF NO.CO-OP. B1/322	THE LETTER OF R1 IN /2018 DATED

¶251

¶252

8303/2020, 35162/2019

¶253

-29-

¶254

08/07/2019.

¶255

EXHIBIT P11 THE TRUE COPY OF THE LETTER NO.CLT(3)17780/2018 DATED 29/07/2019.

¶256

EXHIBIT P12 THE TRUE COPY OF THE ORDER DATED 03/10/2019 IN W.P (C) NO.26265/2019(G).

¶257

EXHIBIT P13 THE TRUE COPY OF THE L NO-1-5/18811/ 2009 DATED 11.8.2010

¶258

Exhibit P13(E) TRUE ENGLISH TRANSLATION OF EXT.P13

¶259

RESPONDENT'S/S EXHIBITS :

¶260

EXHIBIT R2(A) TRUE COPY OF THE SUMMARY OF DEFECTS IN THE AUDIT REPORT 2017-18, PART A EXHIBIT R2(B) TRUE COPY OF THE REPORT OF RESPONDENT

//TRUE COPY//

P.A. TO JUDGE

8303/2020, 35162/2019

¶265

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¶266

APPENDIX OF WP(C) 26265/2019

¶267

PETITIONER EXHIBITS

¶268

EXHIBIT P1	THE PHOTOSTAT COPY OF THE RULES REGARDING THE KERALA CO-OPERATIVE CENTRAL MORTGAGE BANK LIMITED EMPLOYEES RETIREMENT BENEFIT FUND.
EXHIBIT P2	THE PHOTOSTAT COPY OF THE LETTER NO.26444/61.PB2 DATED 17.11.1961 ISSUED BY THE REGISTRAR OF CO- OPERATIVE SOCIETIES TO THE SECRETARY,KERALA CO-OPERATIVE LAND MORTGAGE BANK LIMITED.
EXHIBIT P3	THE PHOTOSTAT COPY OF THE AMENDMENT INTRODUCED BY THE REGISTRAR OF CO- OPERATIVE SOCIETIES OF RULE 15 OF EXHIBI P1 RULES NO.CLT2/50795/82,DATED 14.1.1983 TO THER MANAGING DIRECTOR,KERALA CO-OPERATIVE CENTRAL LAND MORTGAGE BANK LTD.
EXHIBIT P4	THE PHOTOSTAT COPY OF THE ORDER NO.M(1P7703/97)DATED 20.5.1998 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT P5	THE PHOTOSTAT COPY OF THE INTERIM ORDER NO.7.8.1998 IN CMP NO.23748/98 IN O.P.NO.11944/1990(V)27 AND 28 PASSED BY THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P5(a)	THE PHOTOSTAT COPY OF THE INTERIM ORDER DATED 12.8.1998 IN CMP NO.26999/98 IN O.P.NO.12001/1998 PASSED BY THE HON'BLE COURT OF KERALA.
EXHIBIT P5(b)	THE PHOTOSTAT COPY OF THE INTERIM ORDER DATED 7.8.1998 IN CMP

¶269

¶270

8303/2020, 35162/2019

¶271

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	NO.25144/98 IN O.P.NO.12159/1998 PASSED BY THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P6	THE PHOTOSTAT COPY OF THE LETTER NO.CLT(3)/17780/18 DATED 29.9.2018 ISSUED BY THE REGISTRAR,CO-OPERATIVE SOCIETIES,TVM TO THE ADDITIONAL REGISTRAR/OFFICER ON SPECIAL DUTY,TVM.
EXHIBIT P7	THE PHOSOTAT COPY OF THE LETTER DATED 28.11.2018 ISSUED BY THE ADDITIONAL REGISTRAR(GENERAL)/OFFICE ON SPECIAL DUTY,TVM.TO THE PETITIONERS BANK.
EXHIBIT P8	THE PHOTOSTAT COPY OF THE REPRESENTATION DATED 4.12.2018 SUBMITTED BY THE PETITIONERS BEFORE THE ADDITIONA REGISTRAR OF CO- OPERATIVE SOCIETIES,TVM.
EXHIBIT P9	THE PHOTOSTAT COPY OF THE LETTER DATED 4.12.2018 SUBMITTED BY THE PETITIONERS UNION, TO THE REGISTRAR OF CO- OPERATIVE SOCIETIES,TVM.
EXHIBIT P10	THE PHOTOSTAT COPY OF THE LETTER NO.CO.B1/322/2018/CO.DATED 8.7.2019 ISSUED BY THE UNDER SECRETARY TO GOVERNMENT,TO THE REGISTRAR OF CO- OPERATIVE SOCIETIES,TVM.
EXHIBIT P11	THE PHOTOSTAT COPY OF THE ORDER NO.CLT(3)17780/2018 DATED 29.7.2019 ISSUED BY THE ADDITIONAL REGISTRAR (CREDIT),TVM TO THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK,STATUE, THIRUVANANTHAPURAM-695001.

¶273

RESPONDENT EXHIBITS

¶274

EXHIBIT R5(a) COPY OF SUMMARY OF DEFECTS (PARA A) IN

¶275

¶276

8303/2020, 35162/2019

¶277

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THE AUDIT REPORT 2017-18 EXHIBIT R5(b) A COPY OF REPORT EXHIBIT R1(A) TRUE COPY OF THE SUMMARY OF THE DEFECTS IN THE AUDIT REPORT 2017-18 PART A EXHIBIT R1(B) TRUE COPY OF THE REPORT

Kerala State Co-Operative Agricultural and Rural Development Bank Employees Association, v. State of Kerala

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What did the court decide?

Kerala State Co-Operative Agricultural and Rural Development Bank Employees Association, v. State of Kerala

Case brief

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