IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 30350 of 2004(K) -------------------------- PETITIONER(S): ------------------ 1. K. KUNCHUKUTTAN, S/O. KUNCHUVELAN, AGED 62, CHERUKOTTIL HOUSE, VILAYANCHATHANNUR POST VILAYANNUR, PALAKKAD. *ADDL.PETITIONERS ----------------------- 2. K.PREMA, W/OK.KUNCHUKUTTAN (LATE) CHERUKOTTIL HOUSE, VILAYANCHATHANNUR, POST:VILAYANNUR, PALAKKAD. 3. K.PRAMOD, S/O.K.KUNCHUKUTTAN (LATE), ---- DO-- 4. K.PRIYA, D/O.K.KUNCHUKUTTAN (LATE), ---DO-- 5. K.PRASAD, S/O.K.KUNCHUKUTTAN(LATE), --DO-- 6. K.PRAKAS, S/O.K.KUNCHUKUTTAN (LATE), --DO-- (*ADDL.PETITIONERS 2 TO 6 ARE IMPLEADED AS PER ORDER DT 13.1.05 IN IA NO.390/05). BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): ------------------- 1. JOINT REGISTRAR OF CO-OP. SOCIETIES (GENERAL), PALAKKAD. WPC NO.30350/04 -2- 2. THE ASST.REGISTRAR OF CO-OP.SOCIETIES (GENERAL) ALATHUR, PALAKKAD. 3. THE VILAYANCHATHANNUR SERVICE CO-OP.BANK LTD., VILAYANCHATHANNUR, PALAKKAD, REP. BY ITS SECRETARY. 4. THE PRESIDENT, THE VILAYANCHATHANNUR SERVICE CO-OP.BANK LIMITED, VILAYANCHATHANNUR, PALAKKAD. ADV. SRI.LEO GEORGE FOR R3 SRI.P.B.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30350/04 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE JUDGMENT DT 21.8.2003 PASSED IN WPC NO.26686/03 ON THE FILE OF THIS HON'BLE COURT. EXT.P2: TRUE COPY OF THE ORDER DT 5.3.2004 PASSED BY R1. EXT.P3: TRUE COPY OF THE ORDER DT 17.5.2004 PASSED BY R2. EXT.P4: TRUE COPY OF THE REPRESENTATION DT 12.7.04 SUBMITTED BY THE PETITIONER. EXT.P5: TRUE COPY OF THE COMMUNICATION DT 28.7.04 SENT TO THE RESPONDENT NO.2. EXT.P6: TRUE COPY OF THE REPRESENTATION DT 10.8.04 SUBMITTED BY THE PETITIOENR TO THE RESPONDENT NO.2 TO 4 WITH COPY TO THER ESPONDNET NO.1. EXT.P7 SERIES: TRUE COPY OF the POSTAL ACKNOWLEDGEMENT CARDS (2 NOS) EXT.P8: TRUE COPY OF THE LEAVE SURRENDER ARREARS FOR THE PERIOD 2.1.92 TO 1.8.2000 IN RESPECT OF THE ORIGINAL PETITIONER. EXTS. OF R3 EXT.R3(a): TRUE COPY OF THE STATEMENT PREPARED BY THE BANK DT NIL. EXT.R3(b): TRUE COPY OF THE REPROT OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD IN CONNECTIONWITH THE INSPECTIONCONDUCTED BY HIM in the BANK DT.21.3.2002. EXT.R3(c): TRUE COPY OF THE REPORT OF the ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD INCONNECTION with the ISNPECTION CODNCUTED BY HIM IN THE BANK DT 21.8.2000. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30350 OF 2004 (K) ===================== Dated this the 28th day of August, 2009 J U D G M E N T This writ petition was filed by Sri.K.Kunchukuttan, who was an employee in the 3rd respondent Bank and retired on 31/7/2000 while working as its Secretary. In this writ petition, what he prayed for is that the monetary benefits that are due to him should be released. It is stated that by Ext.P2, the dispute in relation to the monetary claims was settled and that final settlement was inordinately delayed. It was in these circumstances, the writ petition was filed. 2. During the pendency of the writ petition, petitioner expired and his legal representatives have got themselves impleaded as additional writ petitioners. 3. A counter affidavit has been filed by the 3rd respondent-the society, where the deceased petitioner was the Secretary. In the counter affidavit, it is stated that in pursuance to Ext.P2 proceedings referred to above, the amounts that were due to the deceased employee was quantified at Rs.70,580/- and Ext.R3(a) statement discloses this calculation. It is stated that WPC 30350/04 :2 : due to wrong pay revision benefits granted to the employees of the Bank w.e.f. 01/04/99, petitioner had received an erroneous payment of Rs.28,216/-, the details of which are indicted in Ext.R3 (b) report of the Assistant Registrar of Co-operative Societies. It is also stated that as per Ext.R3(c) report of the Assistant Registrar of Co-operative Societies, a sum of Rs.41,633/- is due to be recovered towards the excess amount paid by way of gratuity to the petitioner. Thus, according to the 3rd respondent, the total amount to be recovered from the petitioner is Rs.69,849/- and the petitioner is eligible to be paid only the balance amount of Rs.731/-. It is stated that while they were taking steps to make payment of the said amount, petitioner expired on 10/12/2004 and that they were willing to pay the admitted amount. 4. In the reply affidavit filed by the additional petitioners, they submit that while they do not deny the veracity of the quantification of the dues done as per Ext.R3(a), they dispute the claim for recovery raised by the 3rd respondent society as stated in Ext.R3(b) and (c) reports referred to above. It is stated that as at present the petitioner is entitled to be paid a net amount of Rs.74,386/-. WPC 30350/04 :3 : 5. The sum total of the pleadings in this writ petition would show that while the respondent by Ext.R3(a) concedes the liability to the petitioner for the amount mentioned therein, the petitioners also do not dispute the veracity of such calculation. The dispute is confined only regarding the permissibility or otherwise of the recovery effected by the Society as per Exts.R3 (b) and (c). This dispute in my view, is one which should be pursued before the statutory authorities and it is for such authorities to consider the dispute in appropriate proceedings. 6. Therefore, I direct that it will be open to the petitioners to move the 1st respondent, by an appropriate application, which if made within six weeks from today, the 1st respondent shall consider the justifiability of the recovery ordered as per Exts.R3 (b) and (c) referred to above with notice to the petitioners and the 3rd respondent society and pass appropriate orders thereon. 7. Petitioners may produce a copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp