Allowed

P.Dhannawantharan v. Vechoor Coir Vyavasaya Co-Operative Society Ltd.

Kerala HC15 Nov 2023WP(C)/6860/2013

Case brief

AI extract

What is this about?

This petition sought declaration and mandamus for disbursement of retirement benefits and adjudication of leave surrender dues. The deceased petitioner obtained superannuation; beneficiaries claim Rs. 6.5L. The society admitted Rs. 4.2L (excl. PF interim) but claimed financial crisis. The court directed immediate disbursement of admitted funds and referral of disputed amounts for adjudication.

What did the court decide?

Society to disburse Rs. 428,084/- (less interim PF) within 4 months; disputed amounts adjudicated by 3rd Respondent within 2 months.

P.Dhannawantharan Vs Vechoor Coir Vyavasaya Co-Operative… — Property and Title | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 15^TH DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945 WP(C) NO. 6860 OF 2013

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PETITIONER/S:

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1P.DHANNAWANTHARAN
BUSINESSMANAGER(RETIRED),VECHOORCOIRVYAVASAYA
CO-OPERATIVESOCIETYLTD,NO.19,AMBIKAMARKET(PO),
VAIKOM,KOTTAYAMDISTRICT.RESIDINGATPAKKUVALLILHOUSE,
KUDAVECHOOR(PO),VAIKOM.KOTTAYAMDISTRICT.PIN-686144.

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*ADDITIONALP2TOP4AREIMPLEADED
2T.R.LEELA,
AGED49YEARS
W/O.LATEP.DHANNWANTHARAN,
RESIDINGATPAKKUVALLILHOUSE,
KUDAVECHOOR(PO),VAIKOM,KOTTAYAMDISTRICT,
PIN-686144.

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3AATHIRAP.D,
AGED26YEARS,D/O.LATEP.DHANNWANTHARAN,
RESIDINGATPAKKUVALLILHOUSE,KUDAVECHOOR(PO),
VAIKOM,KOTTAYAMDISTRICT,PIN-686144.

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4ARYAP.D,AGED20YEARS
D/O.LATEP.DHANNWANTHARAN,
RESIDINGATPAKKUVALLILHOUSE,KUDAVECHOOR(PO),
VAIKOM,KOTTAYAMDISTRICT,PIN-686144.

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ADDL.P2TOP4AREIMPLEADEDASPERORDERDATED09/12/2014
INIANO.16209/2014.

¶10

BYADVS.
SRI.M.V.THAMBAN
SRI.B.BIPIN
SRI.R.REJI
SMT.THARATHAMBAN
SMT.S.UMADEVI

W.P.(C) 6860 OF 2013

RESPONDENT/S:

1 VECHOOR COIR VYAVASAYA CO-OPERATIVE SOCIETY LTD.NO.19 AMBIKA MARKET (PO), VAIKOM, KOTTAYAM DISTRICT, PIN-686 144, REPRESENTED BY ITS SECRETARY.

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2 THE SECRETARY VECHOOR COIR VYAVASAYA CO-OPERATIVE SOCIETY LTD.NO.19,AMBIKA MARKET (PO), VAIKOM, KOTTAYAM DISTRICT, PIN-686 144.

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3 THE PROJECT OFFICER (COIR) COIR PROJECT OFFICER'S OFFICE, VAIKOM (PO), KOTTAYAM DISTRICT, PIN-686 144.

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4 THE COIR INSPECTOR VAIKOM SOUTH CIRCLE, COIR PROJECT OFFICE, VAIKOM, KOTTAYAM DISTRICT, PIN-686 144.

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5 THE DIRECTOR

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COIR DEVELOPMENT, DIRECTORATE OF COIR DEVELOPMENT, NANTHAVANAM, THIRUVANANTHAPURAM. PIN-695 001.

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SRI.TRHARIKUMAR,CO-OPERATIVESOCIETY

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
15.11.2023,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

W.P.(C) 6860 OF 2013

JUDGMENT

The petitioner states that he had worked as the business manager in the Vechoor Coir Vyavasaya Co-operative Society Ltd. No.19, Kottayam District and attained superannuation on 31.5.2009. He asserts that at the time of superannuation, he was entitled to a total sum of Rs.6,54,337/- out of which Rs.2,97,851/- is towards saving deposit, Rs.88,150/ is towards Leave surrender, Rs.2,67,336/- is towards Provident Fund and Rs.1,000/- is towards security deposit. The grievance of the petitioner is that the benefits due to him have not been disbursed to date. It is on these assertions that this writ petition is filed seeking the following reliefs:

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i) to issue a declaration that the non-disbursement of retirement benefits by the 1st respondent to the petitioner is a dispute within the meaning of section 69 of the Kerala Co-operative Societies Act and that the 3rd respondent is bound to adjudicate the dispute raised by the petitioner by Exhibit P1.

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ii) To issue a writ of mandamus or other writ or order directing the 1st respondent to release the entire retirement benefits due to the petitioner or, in alternate, direct the 3rd respondent to adjudicate Exhibit P1.

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It appears that during the pendency of the writ petition, the petitioner

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W.P.(C) 6860 OF 2013

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passed away and his legal representatives were impleaded as additional petitioners 2 to 4.

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A counter affidavit has been filed by respondents 1 and 2 wherein it is stated that the 1st petitioner Sri. P. Dhanwantharan, is eligible for a total sum of Rs.4,28,084/- only, which includes an amount of Rs.2,97,881/- towards savings bank deposit, Rs.1,29,203/- towards provident fund deposit and an amount of Rs.200/- towards staff security deposit.

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It appears that during the pendency of the proceedings, this Court, on 22.11.2019, based on the submissions advanced by the learned counsel appearing for the respondents that the amount available in the PF account of the petitioner is Rs.85000/-, had passed an interim order directing to release the same within one week.

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Sri. Hari Kumar, the learned counsel appearing for the respondents, submitted that the society is facing a serious financial crunch, and it would be possible for the society only to pay the amounts in installments if sufficient time is granted. It is submitted that insofar as the disputed amount is concerned, the petitioners may have to approach the 3rd respondent, who shall consider the claim of the petitioners and pass appropriate orders.

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I have considered the submissions advanced. I find that the claim of

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the 1st petitioner is that a sum of Rs.6,54,337/- is due. Respondents 1 & 2 in

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W.P.(C) 6860 OF 2013

¶38

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their statement, mentioned that the amount due to the petitioner is Rs.4,28,084/-. In so far as leave surrender is concerned, it can only be calculated after verifying the service records of the deceased.

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In that view of the matter, an amount of Rs.4,28,084/- (less Rs.85,000/-) which is admitted in the counter affidavit can be ordered to be disbursed to the petitioners within an outer limit of four months from today. In so far as the disputed amounts are concerned, the petitioners may raise a claim before the 3rd respondent, who shall adjudicate the same and take a decision after hearing both sides within a period of two months from the date of receipt of such application.

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Sd/- RAJA VIJAYARAGHAVAN V, JUDGE

NS/16/11/2023

W.P.(C) 6860 OF 2013

APPENDIX OF WP(C) 6860/2013

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PETITIONEREXHIBITS

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TRUECOPYOFTHEREPRESENTATIONDT.12.01.2013
EXHIBITP1
FILEDBEFORETHE3RDRESPONDENT.
EXHIBITP2TRUECOPYOFTHEMARRIAGEINVITATIONLETTER,
OFTHE4THADDITIONALPETITIONER

P.Dhannawantharan v. Vechoor Coir Vyavasaya Co-Operative Society Ltd.

Case brief

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What did the court decide?

P.Dhannawantharan v. Vechoor Coir Vyavasaya Co-Operative Society Ltd.

Case brief

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What did the court decide?

What the court decided

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