IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13183 of 2009(P)
1. B.GOPINATHAN PILLAI,AGED 62,S/O.
... Petitioner
2. R.RAJENDRA PRASAD,AGED 62,
3. R.CHANDRA MOHAM PILLAI,AGED 62,
4. K.PRABHAKARAN PILLAI,AGED 60,
5. G.RADHAKRISHNAN NAIR,AGED 60,S./O.
6. G.GOPALAN,S/O.CHIPPAN,VILLIKKULAM,
7. SREEKUMAR,AGED 62,S/O.NEELAKANTAN,
8. JACOB JOHN,AGED 60,SON OF YONANNA KUTTY,
9. C.K.SIVANANDAN,AGED 65,S/O.M.KUMARAN,
Vs
1. THE EMPLOYEES PROVIDENT FUND
... Respondent
2. THE COMMISSIONER,THE OFFICE OF THE
3. THE REVOVERY OFFICER,
4. THE STATE OF KERALA REP.BY SECRETARY,
5. THE REGISTRAR / INDUSTRIES GENERAL
6. QETCOS LTD,UMAYANALLOOR,,KOLLAM
7. THE STATE BANK OF TRAVANCORE,
For Petitioner :SRI.C.RAJENDRAN
For Respondent :SRI.N.N.SUGUNAPALAN (SR.)
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :17/06/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NOs. 13183, 13808 & 14707 OF 2009
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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
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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
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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