IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 8478 of 2006(H) --------------------------------------- PETITIONER(S): ------------------------ P.P. CHANDRASEKHARA WARRIER, S/O. KESAVAN NAMBOODIRI, `SIVA PRABHA' TRICHUMBARAM, TALIPARAMBA P.O., KANNUR DISTRICT. BY ADV. SMT.AYSHA RAHMAN SRI.G.PADMAKUMAR RESPONDENT(S): -------------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE TALIPARAMBA SERVICE CO-OPERATIVE BANK LTD., REP. BY ITS SECRETARY, P.O. TALIPARAMBA, KANNUR DISTRICT. 3. THE PRESIDENT, TALIPARAMBA SERVICE CO-OPERATIVE BANK LTD., P.O. TALIPARAMBA, KANNUR DISTRICT. GOVERNMENT PLEADER FOR R1 ADV. SRI.C.A.JOSEPH FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8478/2006 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.1044/2000/CRP/KDS DTD. 27/10/2000. EXT.P2: COPY OF THE RESOLUTION PASSED BY THE BOARD OF DIRECTORS DTD. 28/06/2002. EXT.P3: COPY OF ORDER NO.EM/3/9731/2003/K DIS.DTD. 25/11/2004. EXT.P4: COPY OF THE NOTICE DTD. 27/02/2006. RESPONDENT'S EXHIBITS: EXT.R1: COPY OF THE RESOLUTION PASSED BY THE BOARD OF DIRECTORS DTD. 28/06/2002. EXT.R2: COPY OF THE ORDER DTD. 25/11/2004. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.8478 OF 2006 (H) ------------------------------------------------------ Dated this the 10th day of November, 2008 J U D G M E N T Petitioner challenges Exhibits P3 and P4 to the extent that the benefit of Exhibit P3 is confined only from the date of that order. Applying the ratio of the decisions, by this Court, as are relied on, exemption in the case in hand ought to be applicable from the date on which the committee of the employer had resolved to grant exemption. Hence, it is declared that Exhibit P3 will operate from the date of resolution No.2 in Exhibit P2, i.e., from 28-6-2002. The differential amounts due to the petitioner in terms of this declaration shall be released, without delay. This writ petition is allowed as above. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/11/11