IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 RP.No. 79 of 2010(N) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32980/2009 Dated 26/11/2009 .................... REVIEW PETITIONER(S): RESPONDENTS 1 TO 2 -------------------------------------------------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. ADMINISTRATIVE OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC RESPONDENT(S): PETITIONER/RESPONDENTS 3 TO 4 ----------------------------------------------------------------------------- 1. B.VIDYADHARAN, SANTHI, NADUVILAKKARA, WEST KALLADA P.O., KUNNATHUR TALUK, KOLLAM-INSPECTOR RETIRED) KSRTC, THIRUVANANTHAPURAM CENTRAL. 2. GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK, KOLLAM. 3. THE MANAGER, DISTRICT CO-OPERATIVE BANK, SASTHAMCOTTA BRANCH, SASTHAMCOTTA. R1 BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL R2 & R3 BY ADV. SMT.AYSHA YOUSEFF,SC,KOLLAM DISTRICT CO-OPERATIVE THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 14/03/2011, ALONG WITH WPC NO. 390 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss Thottathil B.Radhakrishnan, J. = = = = = = = = = = = = = = = = = = = = = = = = R.P.No.79/2010 in WP(C).No.32980/2009-N & WP(C).No.390/2011-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of March, 2011. Order/Judgment WP(C).32980/2009 was filed by B.Vidyadharan seeking an innocent and innocuous direction to the KSRTC to release his retiral benefits. His plea was that he had certain outstandings to be paid off to a co-operative bank which had then offered a One Time Settlement scheme within a time limit. He had not disclosed the fact that he had other debts. No such specific details were disclosed. This Court issued the judgment directing release of the retiral benefits. KSRTC has filed R.P.79/2010 seeking review of that judgment. Counsel now says that during the pendency of this review petition, or even before, Vidyadharan had wiped off the liability to the co-operative bank which was projected in W.P.(C). 32980/2009. Seeing the papers in WP(C).390/2011, I feel that it was well advised that KSRTC did RP79/10 & WPC.390/11 -: 2 :- not release the retiral benefits but chose to file R.P.79/2010. WP(C).390/2011 is filed by the Kerala State Transport Workers' Co-operative Society Ltd., Thiruvananthapuram alleging that Vidyadharan is a debtor under an award passed under the KCS Act and that he had also executed documents in terms of Section 37 of the KSC Act authorizing recovery. The KSRTC has, obviously, to honour such agreement, if any, and ensure that money is not released to the employee without satisfying all liabilities as may be referable to his account. In the result, R.P.79/2010 is allowed vacating the judgment in WP(C).32980/2009 and WP(C). 390/2011 is ordered directing the KSRTC to consider the materials produced by the petitioner therein, particularly Ext.P5 document and ensure that the money due to the petitioner therein is made available for recovery. Sd/- Thottathil B.Radhakrishnan, Judge. Sha/2203 -true copy- P.S.to Judge.