IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 2753 of 2006(C)
1. K. KAMALAKSHY, AGED 56 YEARS,
... Petitioner
Vs
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. THE ASSISTANT REGISTRAR OF
3. THE PRESIDENT, VAZHAPPALLY PANCHAYATH
For Petitioner :SRI.P.KURUVILLA JACOB
For Respondent : No Appearance
The Hon'ble MR. Justice J.M.JAMES
Dated :19/12/2006
O R D E R
J.M.JAMES, J.
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W.P.(C). 2753/2006
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Dated this the 19th day of December, 2006
JUDGMENT
The writ petitioner retired from the third
respondent, Co-operative Society, on 31.12.2005. The
learned counsel submits that the writ petitioner had not
received any salary from 1.1.1995 till retirement. There
had been some proceedings initiated against the petitioner
and the counsel submits that the said proceedings had
been set aside, as per Ext.P2 judgment of this Court dated
9.11.2005. The records also show that, as per the
judgment dated 20.1.2005 in O.P.No.14951/2003, this
Court had endorsed the award passed by the Arbitrator
directing to realise, by sale of the assets of the society,
towards the arrears of the salary, due to the writ
petitioner. Therefore, the Secretary and President of
Vazhappally Panchayath Pattikajathi Service Co-operative
Society and the Inspector of Co-operative Societies,
Changanacherry, were directed to take steps to disburse
W.P.(C).2753/2006
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the amounts due to the writ petitioner, realising the
same from the assets of the society. Two months time
was also fixed from the date of the judgment.
2. The grievance of the petitioner even now is
that despite the repeated directions of the High Court of
Kerala and the pendency of the Con.C. No.1145/2005,
no action had so far been taken. The counsel also
submits that the undertaking, during the Contempt Court
proceedings, that they would pay the salary to the writ
petitioner, was also not complied with.
3. Ext.P5 is a representation dated 25.11.2005
addressed to the Joint Registrar of Co-operative
Societies, Kottayam. It is the complaint of the writ
petitioner that the same is pending even now without any
steps having been taken to pay the arrears of salary due
to the writ petitioner.
4. In view of the above situations, I direct the
first respondent, the Joint Registrar of Co-operative
Societies, Kottayam, to, immediately, hear the writ
petitioner as well as the third respondent, Co-operative
W.P.(C).2753/2006
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Society, and pass orders on merit, releasing the entire
amounts that are due to the writ petitioner. If the
amounts are not readily available with the Society for
release, the Registrar shall take further steps, through
the sale of the assets of the third respondent, Society,
and shall ensure that the salary and other benefits due to
the writ petitioner is paid. This shall be done within two
months from the date of production of the copy of this
judgment by the writ petitioner.
The writ petition is disposed of as above.
J.M.JAMES
JUDGE
mrcs