Partly allowed

Benny.P.M, (Secretary), v. State of Kerala

Kerala HC13 Mar 2023WP(C)/8434/2023

Case brief

AI extract

What is this about?

Employees of a liquidated co-operative society sought directions to the liquidator to consider their claims for salary and benefits. The High Court directed the liquidator to evaluate the petitioners' claims with statutory preference within two months following a prior judgment.

What did the court decide?

The writ petition is disposed of with directions for the liquidator to consider the petitioners' claims and act on Ext. P3 within two months.

Benny.P.M, (Secretary), Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

¶4

MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944

¶5

WP(C) NO. 8434 OF 2023

¶6

PETITIONER/S:

¶7

1 BENNY.P.M, (SECRETARY), AGED 58 YEARS S/O. MATHAI, PAYAM.P.O, NEDUMUNDA, KANNUR (DT), PIN - 670704

¶8

2 LYSAMMA JOSEPH, (ASST. SECRETARY), AGED 56 YEARS D/O. JOSEPH, HOUSE NO. 22, HOUSING BOARD, MUVATTUPUZHA. P.O, ERNAKULAM (DT), 686 66 1.

¶9

3 MATHEW.K.M, (SENIOR CLERK), AGED 62 YEARS S/O. MATHAI, KALLOOR HOUSE, ULIKKAL P.O, KANNUR (DT),, PIN - 670705

¶10

4 REJI MATHEW (ACCOUNTANT), AGED 51 YEARS S/O. MATHAI, MECHERIKUNNEL HOUSE, ANGADIKKADAVE. P.O, KANNUR (DT), PIN - 670706

¶11

5 MANU SEBASTIAN, (JUNIOR CLERK), AGED 43 YEARS S/O. JOY, ENNAMPRAYIL HOUSE, PAYAML P.O, KANNUR (DT), 670704., PIN - 670704

¶12

6 JUBY JOSEPH, (DEPOT MANAGER) AGED 46 YEARS S/O. JOSEPH, MANNOOR HOUSE, ANGADIKADAVE P.O, KANNUR (DT),, PIN - 670706

¶13

7 LATHIKA.K, (DEPOT MANAGER) AGED 61 YEARS D/O. K. MADHAVAN NAMBIAR, LATHIKALAYAM HOUSE, PAYAM P.O, KANNUR (DT), PIN - 670704

¶14

8 RAJU.A.K, (SALES MAN ) AGED 58 YEARS

¶15

S/O. KUNHAMBU, AYKKODAN HOUSE,
MUNDAYAMPARAMBA.P.O, KANNUR (DT),, PIN - 670704
9UPENDRAN.V.M (SENIOR CLERK)
AGED 60 YEARS
S/O. SANKARAN NAMBIAR, SWAPNAKOOD HOUSE,
KARA. P.O, KARAPEROOR, MATTANNUR,
KANNUR (DT),, PIN - 670702

¶16

WP(C) NO. 8434 OF 2023 ..2..

¶17

10 VINCENT.K.A. (ATTENDER) AGED 46 YEARS S/O. ANTONY, KANAYAMPLAKKAL HOUSE, SREEKANDAPURAM. P.O, KOTTARVAYAL, KANNUR (DT), PIN - 670631

¶18

11 GEORGE AUSTIN (ELECTRICAL SUPERVISOR) AGED 49 YEARS S/O. AUGUSTINE, VAZHAKKAMALAYIL HOUSE, KOOMANTHODE. P.O, KARIKKOTTAKARY KANNUR (DT),, PIN - 670704

¶19

12 JOSE.P.J, (HELPER / DRIVER), AGED 56 YEARS S/O. JOSEPH, PATHUPPALLIL HOUSE, PAYAM. P.O, KANNUR (DT),, PIN - 670704

¶20

13 K.V. PRABHAKARAN, (JUNIOR CLERK) AGED 53 YEARS S/O. NARAYANAN, BHAVITHALAYAM HOUSE, PUNNAD. P.O, KANNUR (DT),, PIN - 670703

¶21

14 SHAJU.O.V, (DEPOT MANAGER) AGED 50 YEARS S/O. VARKEY, OZHAKKAMATT HOUSE, MANIKKADAVE. P.O, KANNUR (DT),, PIN - 670705

¶22

15 RAJEESH.V.K, (ATTENDER), AGED 42 YEARS S/O. BHASKARAN.M REKHA NIVAS, IRITTY .P.O, KANNUR (DT),, PIN - 670703

¶23

16 ROYES JAMES, (DEPORT MANAGER) AGED 48 YEARS S/O. CHACKO ENNAMPRAYIL HOUSE, PAYAM. P.O, KANNUR (DT),, PIN - 670704

¶24

17 S.J.MANI, (DEPORT MANAGER), AGED 50 YEARS S/O. JOSEPH, SOURIAMTHADATHIL HOUSE, CHARAL P.O, KANNUR (DT), PIN - 670706

¶25

18 ELIKUTTY, (DRIVER), AGED 59 YEARS W/O. LATE. JAMES MATHEW, VAZHAPARAMBIL HOUSE, KANICHAR. P.O, KANNUR (DT),, PIN - 670674

¶26

19 KAMALA.E. (SWEEPER), AGED 62 YEARS W/O. LATE RAGHAVAN, PARAPPIL HOUSE, BLATHUR. P.O, KANNUR (DT),, PIN - 670705

¶27

WP(C) NO. 8434 OF 2023 ..3..

¶28

BY ADVS.
CIBI THOMAS
G.KRISHNAKUMARI
ANSIA K.A.

¶29

RESPONDENT/S:

¶30

1 STATE OF KERALA REP BY SECRETARY TO THE GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM (DT), PIN - 695001

¶31

2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, STATUE, THIRUVANANTHAPURAM (DT), PIN - 695001

¶32

3 THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, KANNUR, PIN - 670001

¶33

4 THALASSERY TALUK RUBBER AND AGRICULTURAL MARKETING CO-OPERATIVE SOCIETY LTD., IRITTY, KANNUR DISTRICT, UNDER LIQUIDATION, REPRESENTED BY THE LIQUIDATOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PUNNAD, IRITTY, KANNUR, PIN - 670703

¶34

5 THE LIQUIDATOR, THALASSERY TALUK RUBBER AND AGRICULTURAL MARKETING CO-OPERATIVE SOCIETY LTD., IRITTY, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PUNNAD, IRITTY, KANNUR, PIN – 670703

¶35

R BY SR.GP SRI.SUNILKUMAR KURIAKOSE

¶36

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶37

WP(C) NO. 8434 OF 2023 ..4..

¶38

JUDGMENT

¶39

The petitioners 1 to 17 and the husbands of

¶40

petitioners 18 and 19 were the employees of the 4^th respondent Society for various spells in various posts. The Society was liquidated as per the provisions of the Kerala Co-operative Societies Act, 1969 (the ‘Act’ for short), and the 5^th respondent was appointed as the Liquidator w.e.f. 22.03.2013. According to the petitioners, the Society has various properties including 13 ½ cents of landed property with a head office and godown at Iritty Town. It is stated that, some of the petitioners as well as creditors of the Society approached this Hon'ble Court for arrears of salary and other benefits and this Court issued directions to the liquidator to sell out the properties and clear the liabilities of the Society and consequently it was decided

¶41

WP(C) NO. 8434 OF 2023 ..5..

¶42

to sell the 13 ½ cents of property with building and godown at Iritty Town by way of public auction on 13.12.2022 at 2 pm and in the auction conducted on 13.12.2022, the property along with building and godown is purchased by the Punnad Service Co-operative Bank Ltd., for a consideration of Rs. 5,00,66,000/- (Rupees Five Crores and Sixty six thousand). It is stated that pursuant thereto, the liquidator is taking steps to clear the liabilities of the Society. However, the petitioners apprehend that their claim would not be considered by the 5^th respondent with due priority. Accordingly, the petitioners seek direction to the 5^th respondent to consider the petitioners’ claim and take appropriate action on Ext. P3 representation.

¶43

Heard the learned Counsel for the petitioners and the learned Senior Government Pleader.

¶44

WP(C) NO. 8434 OF 2023 ..6..

¶45

Sri. Cibi Thomas, the learned Counsel for the petitioners submits that, before the initiation of the proceedings under Sections 71 and 72 of the Act, some of the petitioners had approached this Court with a prayer to direct the 4^th respondent Society to pay the amounts due to them by way of salary, pension, DCRG, Provident Fund etc., and this Court by Ext. P1 judgment directed the Society to take into account its liabilities towards the petitioners giving the statutory preference that they are otherwise entitled to, and the 5^th respondent is bound to follow the directions contained therein.

¶46

In the facts and circumstances of the case and the submissions made by Counsel, there will be a direction to the 5^th respondent to consider the claim of the petitioners in Ext.P3 representation in the light of the directions in Ext. P1 judgment and in accordance with law, within a

¶47

WP(C) NO. 8434 OF 2023 ..7..

¶48

period of two months from the date of receipt of a copy of this judgment. The order shall be communicated to the petitioners without delay.

¶49

The writ petition is disposed of with the above directions.

¶50

Sd/MURALI PURUSHOTHAMAN JUDGE

¶51

¶52

WP(C) NO. 8434 OF 2023 ..8..

¶53

APPENDIX OF WP(C) 8434/2023

¶54

PETITIONER EXHIBITS

¶55

Exhibit1TRUE COPY OF THE JUDGMENT DATED 11.06.2009 IN
WP(C) NO. 13466/2009 OF THIS HON'BLE COURT.
Exhibit P2TRUE COPY OF THE REPRESENTATION DATED
22.02.2023 SUBMITTED BY THE PETITIONERS BEFORE
THE 3RD RESPONDENT.
Exhibit P3TRUE COPY OF THE REPRESENTATION DATED
22.02.2023 SUBMITTED BY THE PETITIONERS BEFORE
THE 5TH RESPONDENT

Benny.P.M, (Secretary), v. State of Kerala

Case brief

What is this about?

What did the court decide?

Benny.P.M, (Secretary), v. State of Kerala

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

Coram

Case details

Similar cases

The Secretary Akathethara Grama Panchayath, Vs Shri Siromani D

Capt,George Varughese Vs State of Kerala

G.Krishnakumar Vs R.Manoharan

S.P.Krishna Moorthy Vs Kerala State Road Transport Corporation Ksrtc

Jayan a K Vs the Principal Secretary

Reshma S. Vijay Vs Mahatma Gandhi University