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.
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W.P(c)No.15877 OF 2005
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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.