IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 9427 of 2008(V) ------------------------- PETITIONER: ------------ P.KRISHNAN. S/O.RAMAN DRIVER (RETD), KSRTC, KOZHIKODE, CHUZHALINILAM KARUVASSERY P.O., KOZHIKODE. BY ADV. SRI.P.P.SOMAN NAIR RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM -23,REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER,KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM -23, 3. THE ASSISTANT ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM -23, 4. THE DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE. 5. THE SECRETARY KERALA STATE TRANSPROT WORKERS CO-OPERATIVE SOCIETY LTD NO. T-133, THAMPANOOR THIRUVANANTHAPURAM. R5 BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET R1 TO R4 BY SHRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.9427 OF 2008 ------------------------------------------- Dated this the 26th day of March, 2008 JUDGMENT Heard counsel for parties. 2. The petitioner retired from the service of the Kerala State Road Transport Corporation on 31.7.2003. He had availed a loan from the 5th respondent while in service. According to him, the KSRTC had recovered the entire amounts due from him and he is nowhere liable for any additional liability on account of any delay on the part of the KSRTC in remitting the amounts due to the 5th respondent. 3. Section 37 (2) of the Kerala Co-operative Societies Act, 1969 obliges any employer to deduct amounts from the salary of the employee on the strength of the agreement under Section 37 (1) of the Act to transmit that amount to the creditor society. WPC.9427/08 2 4. The 5th respondent has filed a counter affidavit disclosing the details regarding the transaction. It is stated that Ext.P2 certificate would show that amounts were recovered by the KSERTC in time an additional liability of Rs.22,275/- has been incurred because of the delay in not remitting such amount to the funds of the 5th respondent. Following Ext.R5(A) judgment and the judgment of the Division Bench in W.A.No.2060/06, this writ petition is allowed quashing all recoveries against the petitioner and directing that the amount of Rs.22,275/- shall be released by the KSRTC to the petitioner forthwith. No costs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.