IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 13466 of 2009(C) -------------------------- PETITIONER(S): ------------------ 1. JAMES MATHEW, DRIVER, DEPOT MANAGER IN CHARGE, TELLICHERRY TALUK RUBBER & AGRICULTURAL MARKETING CO-OP. SOCIETY LTD. REGD. NO. C.927, P.O.IRITTY 670 703, KANNUR DISTRICT. 2. RAJU A.K., SALESMAN, TELLICHERRY TALUK RUBBER & AGRICULTURAL MARKETING CO-OP. SOCIETY LTD. REGD. NO. C.927, P.O.IRITTY 670703, KANNUR DISTRICT. 3. JUBY JOSEPH, DEPOT MANAGER, TELLICHERRY TALUK RUBBER & AGRICULTURAL MARKETING CO-OP. SOCIETY LTD. REGD. NO. C.927, P.O.IRITTY 670703, KANNUR DISTRICT. 4. UPENDRAN V.M., CLERK, TELLICHERRY TALUK RUBBER & AGRICULTURAL MARKETING CO-OP. SOCIETY LTD. REGD. NO.C.927, P.O.IRITTY 670703, KANNUR DISTRICT. 5. VINCENT K.A., ATTENDOR, TELLICHERRY TALUK RUBBER & AGRICULTURAL MARKETING CO-OP. SOCIETY LTD. REGD. NO. C.927, P.O.IRITTY 670 703, KANNUR DISTRICT. 6. P.J.JOSE, DEIVER/HELPER, TELLICHERRY TALUK RUBBER & AGRICULTURAL MARKETING CO-OP. SOCIETY LTD., REGD. NO. C.927, P.O.IRITTY 670 703, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ WPC NO.13466/09 -2- RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OP. SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OP. SOCIETIES, KANNUR. 4. THE ASST. REGISTRAR OF CO-OP. SOCIETIES, KUTHUPARAMBA. 5. TELLICHERRY TALUK RUBBER & AGRICULTURAL MARKETING CO-OP. SOCIETY LTD., REGD. NO. C.927, REP. BY THE SECRETARY, TELLICHERRY TALUK RUBBER & AGRICULTURAL MARKETING CO- OP. SOCIETY LTD. P.O.IRITTY 670 703, KANNUR DISTRICT. 6. THE PRESIDENT, TELLICHERRY TALUK RUBBER & AGRICULTURAL MARKETING CO-OP. SOCIETY LTD. REGD. NO. C.927, P.O.IRITTY 670 703, KANNUR DISTRICT. 7. KERALA CO-OP. EMPLOYEES PENSION BOARD, REP. BY THE MEMBER SECRETARY, KERALA CO-OP. EMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM. ADV. SRI.C.P.PEETHAMBARAN FOR R5 GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.13466/09 APPENDIX PETITIONERS EXHIBITS EXT.P1: TRUE COPY OF THE GENERAL BODY NOTICE ISSUED BY THE SOCIETY WITH RESPECT TO THE 13TH ANNUAL GENERAL BODY MEETING. EXT.P2: TRUE COPIES OF THE APPOINTMENT ORDERS ISSUED TO THE PETITIONERS. EXT.P3: TRUE COPY OF THE RELEVANT PAGES OF THE ATTENDANCE REGISTER FROM DECEMBER 2008 TO FEBRUARY 2009. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 13466 OF 2009 (C) ===================== Dated this the 11th day of June, 2009 J U D G M E N T Petitioners claim to be the employees of the 5th respondent society and the prayer sought in this writ petition is to require the respondents to pay the amount due to them by way of salary, pension, DCRG, Provident Fund etc by liquidating and winding up the society. Although no grounds of winding of the society has been made out, still counsel for the petitioners has made extensive reference to the judgment of this court in WP(C) No.19529/08, where this Court directed that it will be open to the society to liquidate its debts, if any due to the petitioners therein by any other process. Counsel submits that steps are being taken by the society to liquidate the liabilities. If that be so, it is directed that the society shall also take into account its liabilities towards the petitioners giving the statutory preference that they are otherwise entitled. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp