IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 11509 of 2009(G) ----------------------------------- PETITIONERS: ------------------ 1. M.K. VARGHESE, BRANCH MANAGER, KUNNATHUNADU CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK, PERUMBAVOOR. 2. U.A. PAPPACHAN, ATTENDER, KUNNATHUNADU CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK, PERUMBAVOOR. 3. K.K. SUSHAMA, JUNIOR SUPERVISOR, KUNNATHUNADU CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK, PERUMBAVOOR. 4. M.A. SAROJINI, ASSISTANT SECRETARY, KUNNATHUNADU CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK, PERUMBAVOOR. 5. K. BINU, SENIOR SUPERVISOR, KUNNATHUNADU CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK, PERUMBAVOOR. 6. M.M. SHAKKEER, SENIOR CLERK, KUNNATHUNADU CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK, PERUMBAVOOR. 7. P.N. SREEDEVI, RECOVERY OFFICER, KUNNATHUNADU CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK, PERUMBAVOOR. BY MR.V.M.KRISHNAKUMAR - ADVOCATE MS.P.A.ANITHA – ADVOCATE. WP(C).No. 11509 of 2009 RESPONDENTS: ------------------ 1. THE REGISTRAR OF CO-OPERATIVE SOCIEITES, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIEITIES, ERNAKULAM. 3. KUNNATHUNADU CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, PERUMBAVOOR, REPRESENTED BY ITS SECRETARY, KUNNATHUNADU. 4. ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, HEAD OFFICE, ALUVA, REPRESENTED BY ITS SECRETARY. MR. K.C. SANTHOSH KUMAR -GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.11509 of 2009 --------------------------------- Dated, this the 21st day of May, 2009 J U D G M E N T The petitioners are the employees of the 3rd respondent. It is stated that considering the period of their service, they were paid bonus as per the byelaws of the 4th respondent. 2. Presently they are working under the 3rd respondent. While so, according to the petitioners, the 2nd respondent has directed the 4th respondent to recover certain amounts allegedly paid to them in excess, towards bonus, while they were under the employment of the 3rd respondent. When attempt was made to effect recovery of the amount, they filed Ext.P2 before the 1st respondent and in this writ petition, the learned counsel mainly prays for a direction to the 1st respondent to consider and pass orders on Ext.P2, keeping in abeyance the recovery proceedings in the meanwhile. 3. I heard the learned counsel for the petitioners and also the learned Government Pleader appearing on behalf of respondents 1 & 2. 4. As already noticed, the payments were received by the WP(C) No.11509/2009 -2- petitioners at the time when they were under the employment of the 4th respondent, and at this distance of time, recovery is sought to be effected on the ground that they were paid amounts towards bonus in excess of what was legitimately due to them. Since the petitioners are asserting their entitlement to have been paid what they have received, it is only appropriate that the 1st respondent considers Ext.P2 with notice to the petitioners and respondents 2 to 4. The writ petition is, therefore, disposed of with the following directions:- That the 1st respondent shall with notice to the petitioners and respondents 2 to 4 dispose of Ext.P2 as expeditiously as possible, at any rate, within eight weeks of receipt of a copy of this judgment. It is directed that in the meanwhile, steps for recovery of the amount paid to the petitioners towards bonus during the period of their employment under the 4th respondent, in pursuance to Ext.P1, will be kept in abeyance. The petitioners shall produce a copy of this judgment before the 1st respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg