High Court Kerala High Court

V.M.Sundaresan vs M/S.H.M.T. Machine Tools Limited on 22 January, 2008

Kerala High Court
V.M.Sundaresan vs M/S.H.M.T. Machine Tools Limited on 22 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 15877 of 2005(M)


1. V.M.SUNDARESAN, AGED 56,
                      ...  Petitioner

                        Vs



1. M/S.H.M.T. MACHINE TOOLS LIMITED,
                       ...       Respondent

2. PERSONNEL MANAGER(HRM),

3. H.M.T.MACHINE TOOLS STAFF AND WORKERS,

4. K.P.VIJAYALAKSHMI, W/O.BALAN NAIR,

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  :SRI.M.PATHROSE MATTHAI (SR.)

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :22/01/2008

 O R D E R
            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.