Disposed

The Managing Committee of Kottayam Co-Operative Employees Family Welfare Co-Operative Society L v. the Joint Registrar of Co-Operative Societies (General)

Kerala HC12 Mar 2024WP(C)/993/2024

Case brief

AI extract

What is this about?

The Court clarified that a Class I Cooperative Society can appoint staff in accordance with Appendix III of the Kerala Co-operative Societies Rules without obtaining specific permission from the Joint Registrar, allowing the petition to be disposed of with this clarification.

What did the court decide?

Clarification granted that the petitioner Society can appoint staff as provided in Appendix III of the KCS Rules.

The Managing Committee of Kottayam Co-Operative… — Cooperative Societies | Kerala HC (2024)

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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 BASANT BALAJI

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TUESDAY, THE 12^TH DAY OF MARCH 2024 / 22ND PHALGUNA, 1945

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WP(C) NO. 993 OF 2024

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PETITIONER:

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THE MANAGING COMMITTEE OF KOTTAYAM CO-OPERATIVE EMPLOYEES FAMILY WELFARE CO-OPERATIVE SOCIETY LTD.1198 AGED 56 YEARS KOTTAYAM, REPRESENTED BY ITS PRESIDENT, SANTHOSH.K.K, S/O K.N.KUNJAPPAN, RESIDING AT KIDANGAYIL, ATHIRAMPUZHA P.O, KOTTAYAM., PIN - 686001

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BY ADVS. P.N.MOHANAN C.P.SABARI AMRUTHA SURESH GILROY ROZARIO

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RESPONDENT:

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTERATE POST, KOTTAYAM, PIN - 686001 BY ADV ADVOCATE GENERAL OFFICE KERALA

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OTHER PRESENT:

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SR GP SMT MARY BEENA JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 993/2024

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JUDGMENT

(Dated this the 12^th day of March 2024)

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The President of Employees Family Welfare Co-

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operative Society has approached this Court to call for records leading to issue Ext.P8 & P9 and quash the same, and to declare that in view of Ext.P7 judgment, there is no need for posts sanction from the Joint Registrar to make appointments in the posts available in Appendix III of the Kerala Co-operative Societies Rules, 1969 (for short, ‘the KCS Rules’).

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The petitioner-Society is registered as a

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miscellaneous Society, and it is included in Class III, by the order of the Joint Registrar dated 26.12.2018. When the deposits and loans outstanding increased, the Managing Committee took a decision to approach the Joint Registrar for reclassification of the Society into Class I category.

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WPC 993/2024

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Accordingly, Ext.P6 order dated 20.12.2023 was issued by

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the joint Registrar classifying the Society as Class I with effect from 01.04.2022. The petitioner, therefore, submitted

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an application before the Joint Registrar (General) for change of the staff pattern, which was rejected by Exts.P8 and P9.

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The case of the petitioner is that once the

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Registrar classifies the Society into a particular category, they are entitled to appoint staff as provided in Appendix III

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of the KCS Rules. Since as per Ext.P6, the Society has been classified as Class I, they are entitled to appoint the staff in accordance with Appendix III of the KCS Rules for Class I Societies.

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The learned Sr. Government Pleader, on

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instructions, submits that if the petitioner is intending to

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appoint staff in accordance with Appendix III of the KCS

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WPC 993/2024

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Rules, there is no permission required from the respondents.

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Therefore, this writ petition is disposed of, clarifying that the petitioner Society can appoint the staff as provided

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in Appendix III of the KCS Rules in respect of Class I

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Societies.

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Sd/BASANT BALAJI JUDGE

WPC 993/2024

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APPENDIX OF WP(C) 993/2024

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 31.07.2015 ISSUED BY THE JOINT REGISTRAR
Exhibit P2	A TRUE COPY OF THE ORDER DATED 26.12.2018 OF THE JOINT REGISTRAR
Exhibit P3	A TRUE COPY OF THE ORDER DATED 11.07.2019 OF THE JOINT REGISTRAR
Exhibit P4	A TRUE COPY OF THE RELEVANT PORTION OF THE AUDITED BALANCE OF THE YEARS 2022 - 2023
Exhibit P5	A TRUE COPY OF THE RELEVANT SUGGESTION OF THE STATUTORY AUDITOR IN THE AUDIT OF THE YEAR 2022 - 2023
Exhibit P6	A TRUE COPY OF THE ORDER DATED 20.12.2023 OF THE JOINT REGISTRAR
Exhibit P7	A TRUE COPY OF THE JUDGMENT OF ELAMPAL SCB VS. GOVERNMENT OF KERALA REPORTED IN 2000 (3) KLT 389
Exhibit P8	A TRUE COPY OF THE ORDER DATED 14.09.2023 OF THE JOINT REGISTRAR
Exhibit P9	A TRUE COPY OF THE ORDER DATED 06.10.2023 OF THE JOINT REGISTRAR

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RESPONDENT EXHIBITS

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EXHIBIT R1(a) TRUE COPY OF THE LETTER No.AEL856/2023.AEL/1611/2023 DATED 21.06.2023 AND 06.10.2023

The Managing Committee of Kottayam Co-Operative Employees Family Welfare Co-Operative Society L v. the Joint Registrar of Co-Operative Societies (General)

Case brief

What is this about?

What did the court decide?

The Managing Committee of Kottayam Co-Operative Employees Family Welfare Co-Operative Society L v. the Joint Registrar of Co-Operative Societies (General)

Case brief

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What did the court decide?

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