IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 15877 of 2005(M) -------------------------- PETITIONER: ------------ V.M.SUNDARESAN, AGED 56, S/O.MADHAVAN V.V., VILLARVATTOM HOUSE, NORTH PARAVUR, KEDAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- 1. M/S.H.M.T. MACHINE TOOLS LIMITED, KALAMASSERY, REP. BY ITS MANAGING DIRECTOR. 2. PERSONNEL MANAGER(HRM), H.M.T MACHINE TOOLS LIMITED, KALAMASSERY. 3. H.M.T.MACHINE TOOLS STAFF AND WORKERS, CO-OPERATIVE SOCIETY LIMITED NO.E.302, REP. BY ITS SECRETARY, M/S.H.M.T.MACHINE TOOLS LIMITED, KALAMASSERY. 4. K.P.VIJAYALAKSHMI, W/O.BALAN NAIR, RENUKA NIVAS, MANALI ROAD, THIRUVANNUR P.O., KOZHIKODE. ADDITIONAL RESPONDENTS 5. DIVAKARAN, S/O NARAYANAN RESIDING AT SIVALAYAM HMT COLONY H.NO.320, KALAMASSERY 6. RAJAN KATHIL, S/O KUNJIKANNAN SAVIYA NIVAS VIP ROAD, MAITHRI NAGAR, ANGAMALY Additional respondents impleaded vide order dated 9-10-2007 in I.A.No.1057/07 BY ADV. SRI.M.PATHROSE MATTHAI (SR.) SRI.RONY J.PALLATH SRI.V.S.CHANDRASEKHARAN SRI.M.M.MONAYE SRI.M.PAUL VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.15877/05 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE AUTHORIZATION SUBMITTED BY THE LATE BALAN NAIR TO THE FIRST RESPONDENT DATED NIL. EXT.P2 TRUE COPYO F THE AUTHORIZATION SUBMITTED BY THE WIFE OF LATE E. BALAN NAIR TO THE FIRST RESPONDENT DATED 13-11-02 EXT.P3 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DTD. 12- 11-04 FROM THE THIRD RESPONDENT. EXT.P4 TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P.C.NO. 23126/04 EXT.P5 TRUE COPY OF THE ORDER PASSED BY R1 WHICH IS COMMUNICATED TO THE PETITIONER DTD. 20-10-04 EXT.P6 TRUE COPY OF THE AUTHORIZATION GIVEN BY ONE GIRIJA MOORTHY TO THE FIRST RESPONDENT DTD. 23-7-04 EXT.P7 TRUE COPY OF THE COMMUNICATION OF THE FIRST RESPONDENT DTD. 5-10-04 EXT.P8 TRUE COPY OF THE ORDER IN I.A.NO.4123/03 IN O.S.NO.889/03 DTD. 24-6-03 ON THE FILE OF THE FIRST ADDITIONAL MUNISIFF COURT, ERNAKULAM. FIRST RESPONDENT'S EXHIBITS EXT.R1(A) TRUE PHOTOCOPY OF ORDER IN E.A.NO.637/06 IN E.P.NO. 464/05 IN O.S.NO.889/03 OF THE PRINCIPAL MUNISIFFS COURT, ERNAKULAM DTD. 16-9- 06. THIRD RESPONDENT'S EXHIBITS EXT.R3(A) TRUE COPY OF THE LOAN APPLICATION FORM DTD. 12-8-00 EXT.R3(B) TRUE COPY OF THE SURETY BOND DTD. 2-9-00. /True Copy/ PA to Judge. THOTTATHIL.B.RADHAKRISHNAN, J. --------------------------------- W.P(c)No.15877 OF 2005 ------------------------------------ Dated this the 22nd day of January, 2008 JUDGMENT One Balan Nair availed a loan from the third respondent Co-operative Society. He was employed with the first respondent HMT. Respondents 5 and 6 have obtained a decree against Sri.Balan Nair and has put in execution. An order of attachment has been passed by the executing court confining the attachment to the amounts in the hands of respondent No.1 in excess of the gratuity. Balan Nair and his widow, the fourth respondent, are shown to have consented for transfer of the amounts due to them in favour of the third respondent creditor society. 2. The petitioner who is a surety in the loan availed by Balan Nair from the third respondent has filed this writ petition alleging that recovery is being made from his salary without appropriating the death-cum-retirement benefits of late Balan Nair. 3. The learned senior counsel appearing for the first WPC.No.15877/07/05 2 respondent has placed before me a document HMT IV/0500/3909 dated 17/01/2008 showing the net amount payable to the fourth respondent as Rs. 1,77,594/- out of which the gratuity amount would be Rs. 1,28,380/-. That document is taken on record and marked as Ext.R1. On the basis of the aforesaid document and in view of the attachment order issued by the civil court in favour of respondents 5 and 6, as also in recognition of Section 37 agreement in favour of the third respondent, this writ petition is disposed of issuing the following directions: 1. The first respondent will remit the amount covered by the order of attachment issued by the civil court. This means that no remittance will be made into that account from the gratuity amount. 2. Amounts as demanded by the third respondent will be released from the remaining portion of the amount due to the fourth respondent in terms of Ext.R1. 3. If any amount is left further due to the estate of WPC.No.15877/07/05 3 late Balan Nair, that will be released to the fourth respondent. 4. Deposits and payments as above will discharge the liability of the first respondent towards the estate of Sri.Balan Nair. 5. The civil court proceedings will also stand regulated by what is stated herein above. 6. The directions contained in this judgment regarding remittance will be complied with by the first respondent within an outer limit of one month from the date of receipt of a copy of this judgment. THOTTATHIL.B.RADHAKRISHNAN JUDGE sv.