IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 21285 of 2006(H) --------------------------------------- PETITIONERS: --------------------- 1. T.A. THOMAS, AGED 58 YEARS, S/O. ANTONY, THUNKUPARAMBIL HOUSE, MURINGOOR P.O., CHALAKKUDY, THRISSUR DISTRICT. 2. VINOD KUMAR T.D., AGED 51 YEARS, S/O. DAMODARAN, DRIVER, K.S.R.T.C., MALA DEPOT, MALA. BY ADVS. MR.M.A.ABDUL HAKHIM, MR.JYOTHISH.J.KALLINGAL. RESPONDENTS: ------------------------ 1. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. ASSISTANT TRANSPORT OFFICER, K.S.R.T.C. MALA DEPOT, MALA. 3. THE CHIEF ACCOUNTS OFFICER, K.S.R.T.C., THIRUVANANTHAPURAM. 4. KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LIMITED NO.T.133,TRIVANDRUM, REPRESENTED BY ITS SECRETARY. R1 TO R3 BY MR.V.V. NANDAGOPAL NAMBIAR, SC, K.S.R.T.C, R4 BY ADV. MR.N.UNNIKRISHNAN,S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21285/2006-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE ISSUED BY THE R.2. SHOWING RECOVERY OF SALARY OF THE P.1. UP TO JULY,2001. EXT.P.2: COPY OF THE APPLICATION SUBMITTED TO RESPONDENTS 2 & 4. EXT.P.3: COPY OF THE JUDGMENT IN O.P. NO. 31708/2001. EXT.P.4: COPY OF THE LETTER ISSUED BY THE R.4. TO THE PETITIONERS. EXT.P.5: COPY OF THE DEMAND NOTICE SEND BY THE R.4. TO THE P.1. EXT.P.6: COPY OF THE DEMAND NOTICE SEND BY THE R.4. TO THE P.2. EXT.P.7: COPY OF THE GRATUITY PAYMENT ORDER ISSUED BY THE R.3. TO THE R.2. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE STATEMENT OF FACTS FURNISHED FROM THE OFFICE OF THE ASST. TRANSPORT OFFICER, MALA TO THE STANDING COUNSEL FOR K.S.R.T.C. EXT.R4.A: COPY OF THE CONSENT LETTER DTD. 18/03/1999 OF THE P.1. EXT.R4.B: COPY OF THE CERTIFICATE OF SALARY LIABILITY AND MEMBERSHIP IN CO- OPERATIVE. EXT.R4.C: COPY OF THE CONSENT LETTER DTD. 18/03/1999 EXECUTED BY SURETY SHRI. K.V. JOSEPH. EXT.R4.D: COPY OF THE CONSENT LETTER DTD. 18/03/1999 SUBMITTED BY THE P.2. SRI. T.D. VINOD KUMAR. EXT.R4.E: COPY OF THE SURETY BOND DTD 18/03/1999 EXECUTED BY PETITIONERS AND ANOTHER SURETY SHRI. K.V. JOSEPH. EXT.R4.F: COPY OF THE LOAN APPLICATION NO. 2036 DTD. 18/03/1999. EXT.R4.G: COPY OF THE STATEMENT OF DETAILS OF LOAN NO. BAL/37232 IN RESPECT OF THOMAS T.A. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No. 21285 OF 2006 -------------------------------------- Dated this the 13th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~~ The petitioners availed a loan from the 4th respondent. Recoveries were made from their salaries. The question is whether the recoveries were given due credit and whether there were timely credits of the recovered amount. The 1st respondent, KSRTC, has filed a counter affidavit. The 4th respondent Society has also filed a counter affidavit. While the 1st respondent attempts to show that amounts were due even to another Society in Chalakudi, the 4th respondent's counter affidavit conclude by stating that as on 18.8.2006 an amount of Rs.13,133/- is due. This court is not to sit on settlement of accounts. 2. The guiding principles for settling these transactions is to ascertain whether the KSRTC had promptly paid to the 4th respondent the amounts it had recovered from time to time. If there is delay between the recovery from the petitioners and payment to the 4th respondent, the KSRTC has to fear the interest accruing on W.P.(C) No.21285/2006 2 such amounts. Otherwise, the petitioners have to suffer the interest component also. Taking the conflicting accounts into consideration, it is ordered that a competent officer of the 1st respondent and the petitioners will appear before the Secretary of the 4th respondent on the 10th of December 2009. The Secretary of that Society will hear the parties and decide on amounts that may have to be paid by the petitioners or the KSRTC, as the case may be. This direction is being issued because, the liability is to the 4th respondent and the liability of the Corporation is referable to Section 37 of the Kerala Co-operative Societies Act. Therefore, KSRTC is essentially in the nature of a garnishee and is answerable to the creditor. The Secretary of the 4th respondent will conclude on the accounts and intimate the parties the amounts that has to be paid. This shall be done by the 20th of January, 2010 and the parties will make payment within a period of one month thereafter. All other issues are left open. The Writ Petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, Judge ps