Lathakumari .G v. The Joint Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN G.Lathakumari ... Petitioner Vs.

1.The Joint Registrar of Cooperative Societies, Nagercoil, Kanyakumari District.

2.The Deputy Registrar, Co-Operative Society Registration Department, Thuckalay Region, Thuckalay, Kanyakumari District - 629 175.

3.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub-Regional Office, No.65A, Water Tank Road, Nagercoil - 629 001.

4.The Secretary, M/s.Kurunthancode Primary Agricultural Co-op. Society, Kurunthancode, Kanyakumari.

5.The President, M/s.Kurunthancode Primary Agricultural Co-op. Society, Kurunthancode, Kanyakumari.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 4 and 5 to issue the employer certificate of the petitioner's husband enabling the petitioner to receive the Employees Deposit Linked Insurance (EDLI) monetary benefits from the 3rd respondent and further directing the respondents 4 and 5 to pay the arrears of salary of petitioners husband viz., late. R.K.Gopikumar for 111 dated by considering her final representation dated 18.03.2023. For Petitioner : Mr.M.P.Senthil For Respondents : Mr.K.S.Selvaganesan, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner's husband/R.K.Gopikumar joined the fourth respondent society as Salesman way back in the year 1991. He had put in 29 years of service. He passed away on 27.12.2020. He committed suicide. He was absent for about 111 days preceding his demise. Now the petitioner wants the employer to issue employment certificate so that she can approach the third respondent for getting EDLI monetary benefit. 2/4

3.The respondents 4 and 5 are directed to issue the certificate as sought for by the petitioner within a period of three weeks from the date of receipt of a copy of this order so as to enable her to avail EDLI monetary benefits from the third respondent.

4.This writ petition is partly allowed. No costs. 30.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Joint Registrar of Cooperative Societies, Nagercoil, Kanyakumari District.

2.The Deputy Registrar, Co-Operative Society Registration Department, Thuckalay Region, Thuckalay, Kanyakumari District - 629 175.

3.The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub-Regional Office, No.65A, Water Tank Road, Nagercoil - 629 001.

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G.R.SWAMINATHAN, J.

ias 4.The Secretary, M/s.Kurunthancode Primary Agricultural Co-op. Society, Kurunthancode, Kanyakumari.

5.The President, M/s.Kurunthancode Primary Agricultural Co-op. Society, Kurunthancode, Kanyakumari.

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