IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 36952 of 2007(Y) -------------------------- PETITIONER(S): ------------------ T.SREEDHARAN (RETIRED SECRETARY), SREEKALA, BALUSSERY P.O., QUILANDY TALUK, KOZHIKODE. BY ADV. SRI.P.P.JACOB SRI.N.T.SATHYAVAN RESPONDENT(S): -------------------- 1. PANANGAD SERVICE CO-OPERATIVE BANK LTD NO.3928, BALUSSERY MUKKU, P.B.NO.5, BALUSSERY, PIN - 673 612, REPRESENTED BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.36952/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE PHOTOCOPY OF THE LETTER ISSUED BY LIC OF INDIA DATED 12.10.2006. EXT.P2: TRUE PHOTCOPY OF THE LETTER ISSUED BY THE LIC TO THE PETITIONER DATED 12.10.2006. EXT.P3: TRUE PHOTOCOPY OF THE DECISION TAKEN BY THE FIRST RESPONDENT DT 14.10.2006. EXT.P4: TRUE PHOTOCOPY OF THE PETITION SUBMITTED BEFORE THE SECOND RESPONDENT DATED 26.11.2007. EXT.P5: TRUE PHOTCOPY OF THE DECISION DATED 15.12.2007 OF THE FIRST RESPONDENT. EXT.P6: TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 15.12.2007. EXTS. OF R1 EXT.R1(a): A TRUE COPY OF THE LETTER DT 4.9.2007 FROM LIC OF INDIA TO THE BANK. EXT.R1(b): A COPY OF THE DECISION DT 15.12.2007 OF THE BOARD OF DIRECTORS OF THE BANK. EXT.R1(c): A COPY OF THE LETTER SENT BY PRESIDENT OF THE BANK TO THE PETITIONER DT 15.12.2007. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ================ W.P.(C) NO. 36952 OF 2007 (Y) ===================== Dated this the 28th day of May, 2009 J U D G M E N T Petitioner was the Secretary of the 1st respondent Society. According to the petitioner, there was a proposal for conversion of the Gratuity Scheme applicable to the employees, and the LIC by Ext.P1 required the society to remit additional amounts for converting the policy into Group Gratuity Cash Accumulation Scheme. However, that was not accepted by the Society. The society thereafter passed Ext.P3 resolution resolving that the employees be paid 15 months salary towards gratuity. 2. Subsequently, the petitioner attained the age of superannuation and retired from service w.e.f.30/9/2007. The petitioner claimed the benefit of Ext.P3. However, there has not been any progress in the matter. His representation to the Joint Registrar also was not attended and it was at that stage the writ petition was filed praying that the respondent be directed to extend the benefit of Ext.P3 Resolution to the petitioner. 3. Along with the counter affidavit, the society has produced Exts.P5, a resolution cancelling Ext.P3. WPC 36952/07 :2 : It s thereupon that the writ petition was amended incorporating the challenge to Exts.P5 and P6 as well. 4. Counsel for the petitioner submits that once Ext.P3 resolution was passed, it was impermissible for the society to have taken decision to the contrary by Ext.P5. 5. However, having regard to the statutory remedies available as provided under the Co-operative Societies Act, particularly Rule 176, I do not think it proper for this Court to pronounce on that issue. Therefore, the remedy available to the petitioner is to pursue the statutory remedies that are available against Ext.P5 Resolution. This the petitioner may do. 6. Therefore, leaving open the contentions raised, this writ petition is disposed of reserving liberty to the petitioner to move the statutory authorities against Ext.P5 invoking the provisions under Rule 176 of the Co-operative Societies Rules. It is directed that in the event the petitioner moves the 2nd respondent, the said authority shall decide on this matter, as expeditiously as possible, at any rate within 8 weeks thereafter. ANTONY DOMINIC, JUDGE Rp