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High Court of KeralaWP(C)/6088/2014disposed of

B.Balachandran v. The Managing Committee Of The Karamana Urban Co-Operative Bank Ltd.No.1761

2015-03-11Honourable Mr.Justice V.Chitambaresh6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 ------------------------------------ PETITIONERS:

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1. B.BALACHANDRAN GENERAL MANAGER (RETIRED) KARAMANA CO-OPERATIVE URBAN BANK LIMITED NO. 1761 RESIDING AT 'BHARATHAM', T.C 4/2239(13), K.N.R.A 65 KAIRALI NAGAR, KURAVANKONAM, KOWDIAR P.O.

THIRUVANANTHAPURAM.

2. S. VIVEK KUMAR SENIOR ACCOUNTANT (RETIRED) KARAMANA CO-OPERATIVE URBAN BANK LIMITED NO. 1761 RESIDING AT 'INDRAVALLARI', AYANIMOODU VEDIVECHANKOVIL P.O., THIRUVANANTHAPURAM.

3. K. JALENDRAN NAIR PEON (HG), RETIRED KARAMANA CO-OPERATIVE URBAN BANK LIMITED NO. 1761 RESIDING AT REVATHI, T.C 18/1069(3), THRIKKANNAPURAM PEROORKONAM, ARAMADA P.O, THIRUVANANTHAPURAM.

4. L. VALSALA INTERNAL AUDITOR/BRANCH MANAGER KARAMANA CO-OPERATIVE URBAN BANK LIMITED NO. 1761 RESIDING AT ATHIRA, T.C 7/99, SANKARAN NAIR ROAD KUNDAMON BHAGOM, PEYAD P.O., THIRUVANANTHAPURAM.

5. P.S. JAYALEKSHMI CHIEF ACCOUNTANT (RETIRED) KARAMANA CO-OPERATIVE URBAN BANK LIMITED NO. 1761 KARAMANA P.O., THIRUVANANTHAPURAM, RESIDING AT T.C 21/595(1) JAYA NIVAS, PALLITHANAM, NEDUMCAUD KARAMANA P.O., THIRUVANANTHAPURAM - 2

6. L. KRISHNAMMA PILLAI ATTENDER (HG) (RETIRED) KARAMANA CO-OPERATIVE URBAN BANK LIMITED NO. 1761 KARAMANA P.O., THIRUVANANTHAPURAM RESIDING AT ROHINI KRISHNA, CHITTAKKODU, CHEENIVILA KOOVALASSERI P.O., THIRUVANANTHAPURAM.

7. T. OMANA TYPIST (RETIRED) KARAMANA CO-OPERATIVE URBAN BANK LIMITED NO. 1761 KARAMANA P.O., THIRUVANANTHAPURAM RESIDING AT VISWAK BHAVAN, MANALOOR, NEYYATTINKARA P.O. THIRUVANANTHAPURAM.

8. S. RAMACHANDRAN NAIR ATTENDER (HG) (RETIRED) KARAMANA CO-OPERATIVE URBAN BANK LIMITED NO. 1761 KARAMANA P.O, THIRUVANANTHAPURAM, RESIDING AT AISWARYA VENGANOOR, NELLIVILA P.O., THIRUVANANTHAPURAM.

9. S. VASANTHASENAN JUNIOR CLERK (RETIRED) KARAMANA CO-OPERATIVE URBAN BANK LIMITED NO. 1761 KARAMANA P.O., THIRUVANANTHAPURAM, RESIDING AT SWAPNA PANANGOD, VENGANOOR P.O.

THIRUVANANTHAPURAM - 695 523.

BY ADVS.SRI.P.N.MOHANAN SRI.K.S.ARUNDAS SMT.I.VINAYAKUMARI RESPONDENTS:

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1. THE MANAGING COMMITTEE OF THE KARAMANA URBAN CO- OPERATIVE BANK LTD.NO.1761 REPRESENTED BY ITS CHAIRMAN, KARAMANA P.O.

THIRUVANANTHAPURAM - 695 002

2. GENERAL MANAGER KARAMANA CO-OPERATIVE URBAN BANK LIMITED NO. 1761 KARAMANA P.O., THIRUVANANTHAPURAM -695 002.

3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM -695 001.

4. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENTED BY SECRETARY P.B. NO. 85, KALA NIVAS, T.C 27/156 157, CHINMAYA LANE, KUNNUMPURAM NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM -1.

5. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001.

R1 & R2 BY ADVS. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR SMT.HENA BAHULEYAN R3 & R5 BY GOVERNMENT PLEADER SRI. T.R. RAJESH R4 BY ADV. SRI.K.R.SUNIL, SC, CO-OP. EMP. PENSION BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

----------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1- TRUE COPY OF THE PAY REVISION ORDER ISSUED BY THE GOVERNMENT AS PER G.O(P)NO.217/2005 DATED 22/08/2005. EXHIBIT-P2- TRUE COPY OF THE PAY REVISION ORDER ISSUED BY THE GOVERNMENT G.O(P)NO.149/2010 DATED 18/08/2010. EXHIBIT-P3- TRUE COPY OF THE PETITION FILED BY THE PETITIONERS DATED 02/09/2013.

EXHIBIT-P4- TRUE COPY OF THE REMINDER DATED 02/10/2013. EXHIBIT-P5- TRUE COPY OF THE REMINDER DATED 02/11/2013. EXHIBIT-P6- TRUE COPY OF THE REMINDER DATED 14/12/2013. EXHIBIT-P7- TRUE COPY OF THE JUDGMENT DATED 25/02/2013 IN W.P(C) 21599/2012.

EXHIBIT-P8- TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH REPORTED IN 2012 (3) KHC 518.

EXHIBIT-P9- TRUE COPY OF THE CIRCULAR NO. 44/2012 DATED 19/11/2012. EXHIBIT-P10- TRUE COPY OF THE JUDGMENT REPORTED IN 2008 (4) KLT 647. EXHIBIT-P11- TRUE COPY OF THE INTERIM ORDER DATED 05/09/2013 IN W.P(C) 19225/2013.

RESPONDENT(S)' EXHIBITS:- --------------------------------------- EXHIBIT-R2(a)- THE PHOTOSTAT COPY OF THE STATEMENT SHOWING THE DETAILS OF THE ACTUAL AMOUNTS OF GRATUITY RECEIVED BY THE PETITIONERS ISSUED BY THE KARAMANA CO-OPERATIVE URBAN BANK LTD. NO. 1761, TVM EXHIBIT-R2(b)- THE PHOTOSTAT COPY OF THE STATEMENT SHOWING THE ACTUAL AMOUNTS RECEIVED BY THE FIVE OF THE PETITIONERS TOWARDS PROVIDENT FUND, ISSUED BY THE KARAMANA CO-OPERATIVE URBAN BANK LTD. NO. 1761, TVM EXHIBIT-R2(c)- THE PHOTOSTAT COPY OF THE CHART SHOWING THE TOTAL AMOUNT OF EMPLOYERS CONTRIBUTION TRANSFERRED BY THE ABNK TO THE PENSION BOARD DURING THE RELEVANT PERIOD FROML 01.10.1990 TILL THE RESPECTIVE DATES OF RETIREMENT OF THE PETITIONERS, ISSUED BY THE KARAMANA CO-OPERATIVE URBAN BANK LTD. NO. 1761, TVM

----------------------------------- EXHIBIT-R2(d)- THE PHOTOSTAT COPY OF THE PROFIT AND LOSS ACCOUNT SUBMITTED BY THE BANK BEFORE THE REGISTRAR OF CO-OPEARATIVE SOCIETIES AND ALSO TO THE RESERVE BANK OF INDIA, ISSUED BY THE KARAMANA CO-OPERATIVE URBAN BANK LTD. NO. 1761, TVM.

/TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 6088 OF 2014 ---------------------------------------- Dated this the 11th day of March, 2015

JUDGMENT

The first respondent bank has implemented Ext. P1 pay revision order with effect from 01.04.2003 in respect of the existing employees. Similarly Ext.P2 pay revision order has been implemented by the first respondent bank with effect from 01.05.2014 in respect of the existing employees. There is no reason as to why the past employees shall not be extended the said benefit if they had retired from service after 01.04.2003 and 01.05.2014. This is especially so in view of Section 80 of the Kerala Co-operative Societies Act, 1969 and the failure to obtain any exemption by the first respondent bank.

2.

The further question is as to whether the first respondent bank has the financial capacity for implementation. I do feel that the third respondent shall bestow his attention on that aspect on motion made by the petitioners. Any motion made within one month from today shall be dealt with by the third respondent within two months therefrom. Needless to say that the petitioners as well as the

W.P.(C). NO. 6088 OF 2014 2 first respondent bank shall be put on notice and heard in the exercise.

3.

The contribution if any to the Pension Board and other retiral benefits due to the petitioners shall also be considered.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE