IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 13183 of 2009(P) -------------------------- PETITIONER(S): ------------------ 1. B.GOPINATHAN PILLAI,AGED 62,S/O. BALAKRISHNA PILLAI,KRISHNA BHAVAN, CHEMMAKKAD P.O,PERINADU,KOLLAM. 2. R.RAJENDRA PRASAD,AGED 62, S/O.RAMANKUTTY PANICKER, CHETTIKKZHIKUM,KURUMANDAL,PARAVOOR,KOLLAM. 3. R.CHANDRA MOHAM PILLAI,AGED 62, S/O.RAGHAVAN PILLAI,DHANYA PRASANTH, THEKKEVILA P.O,KOLLAM-16. 4. K.PRABHAKARAN PILLAI,AGED 60, S/O.A.KUNJAN PILLAI, PUTHUPPALLYKIZHAKKATHIL VEEDU,THURUTHIKARA P.O, KUNNATHOOR EAST (VIA),KOLLAM. 5. G.RADHAKRISHNAN NAIR,AGED 60,S./O. V.GOPALAN NAIR,AISWARYA,VADAKKUMTHALA EAST P.O, KARUNAGAPPALLY,KOLLAM. 6. G.GOPALAN,S/O.CHIPPAN,VILLIKKULAM, KAIKULANGARA,KOLLAM NOW RESIDING AT PUTHUMADOM,KUZHIYIL VEEDU,PLEASANT NAGAR,THEVALLY, KOLLAM. 7. SREEKUMAR,AGED 62,S/O.NEELAKANTAN, RESIDING AT SREESOBHA PRASANTHI NAGAR - 32, VADAKKEVILA P.O,KOLLAM. 8. JACOB JOHN,AGED 60,SON OF YONANNA KUTTY, RESIDING AT KAVARUZHIKATHU VEEDU,NEDUMPANA,KOLLAM. 9. C.K.SIVANANDAN,AGED 65,S/O.M.KUMARAN, RESIDING AT CHAITHRAM,AADIKKADU,ERANG,KOLLAM. (PETITIONERS WERE THE EMPLOYEES OF QUILON DISTRICT CO-OP ENGINEERING TECHNICIANS INDUSTRIAL (WORKSHOP) CO-OPERATIVE SOCIETY, LTD) BY ADV. SRI.C.RAJENDRAN WPC NO.13183/09 -2- RESPONDENT(S): -------------------- 1. THE EMPLOYEES PROVIDENT FUND ORGANISATION,REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN,PATTOM,THIRUVANANTHAPURAM, REP.BY THE COMMISSIONER. 2. THE COMMISSIONER,THE OFFICE OF THE EMPLOYEES PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE,CHINNAKKADA,KOLLAM. 3. THE REVOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, ANDAMUKKAM,KOLLAM DIST. 4. THE STATE OF KERALA REP.BY SECRETARY, TO INDUSTRY,SECRETARIAT,THIRUVANNATHAPURAM. 5. THE REGISTRAR / INDUSTRIES GENERAL MANAGER,ASRAMAM,KOLLAM. 6. QETCOS LTD,UMAYANALLOOR,,KOLLAM REP.BY ITS MANAGING DIRECTOR. 7. THE STATE BANK OF TRAVANCORE, ANANDAVALLEEWARAM BRANCH,KOLLAM, REP.BY ITS BRANCH MANAGER. ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R1-3 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R1-3 SRI.PIRAPPANCODE V.SREEDHARAN NAIR FOR R6 SRI.PIRAPPANCODE V.S.SUDHIR FOR R6 SRI.V.V.SURESH,SC,EPF.ORGANISATION FOR R1-3 GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR SRI.R.S.KALKURA FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2009, ALONG WITH WPC NO. 13808 OF 2009 WPC NO. 14707 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.13183/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE PHOTOCOPY OF THE NOTICE OF INAUGURATION WITH THE PHOTO OF THE LATHE. EXT.P2: A TRUE PHOTOCOPY OF THE DISBURSEMENT SLIP 4TH PETITIONER. EXTS. OF R6 EXT.R6(a): TRUE COPY OF THE G.O(RT) NO.94/2009/ID DT 21.1.2009. EXT.R6(b): TRUE COPY OF THE RELEVANT EXTRACT OF ANNEXURES 1 TO XI TO THE REVIVAL PROPOSAL SUBMITTED TO GOVERNMENT AND APPROVED. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NOs. 13183, 13808 & 14707 OF 2009 =============================== Dated this the 17th day of June, 2009 J U D G M E N T These writ petitions are filed by the retired employees of the QETCOS Ltd., Kollam, a Co-operative Society. 2. In these writ petitions, what they are asking for is a direction to the Society to pay them the gratuity and also the arrears of salary utilizing the funds now allotted by the Government of Kerala. 3. The society has filed counter affidavit, from which it would appear that on account of the successive losses suffered by the society, 129 employees retired from 1992 onwards are to be paid the DCRG. Dealing with the claim of the petitioners that their liability should be settled utilizing the amounts sanctioned by the Government, Society contends that the amount was sanctioned by the Government as per Government order dated 21/1/2009 for settlement of its dues with the Co-operative Banks in terms of the one time settlement scheme announced by the Bank. It is stated that the amounts having been allotted for a specified purpose, cannot be diverted for any other purpose. Society also submits WPC 13183,13808 & 14707/09 :2 : that once its liability to the Bank is settled, the society will be reviving its activities and shall take expeditious steps for settling the liabilities of its retired employees. It is stated that following the priority in the order of the date of retirement, liabilities will be settled within an out of time limit of three years. 4. Admittedly, Society has been suffering losses. The liability is also outstanding to Banks including Co-operative Banks. As pointed out by the Society, by Government order dated 21/1/2009, an amount of Rs.138.32 lakhs was sanctioned, but however, the same was for the specific purpose of discharging the liability to the Co-operative Banks. If so, the claim of the petitioners for discharging their liabilities utilizing the aforesaid amount cannot be considered. However, that does not mean that the liability of the retired employees can be deferred for all time to come. 5. Having regard to the fact that if society is now called upon to discharge the liability, that will be putting an end to the society's, working resulting in its winding up, which cannot be of benefit to anyone. I am not prepared to issue such a positive direction. This is all the more so since the liability of 129 WPC 13183,13808 & 14707/09 :3 : employees who have retired from 1992 remains unsettled. Therefore, taking a pragmatic view of the matter, I feel it is only reasonable that the society should take steps for discharging the liability of the retired employees in the order of priority taking the date of retirement as the criteria. It is directed that such settlement shall be effected at any rate within 3 years from today. Writ petitions are disposed of with the aforesaid directions. ANTONY DOMINIC, JUDGE Rp