Kerala High Court
The Thiruvalla East Co-Operative Bank ... vs The Kerala State Co-Operative ... on 8 September, 2021
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Wednesday, the 8th day of September 2021 / 17th Bhadra, 1943
WP(C) NO. 15624 OF 2020(C)
PETITIONER:
THE THIRUVALLA EAST CO-OPERATIVE BANK LTD, NO.3260 ERAVIPEROOR,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689 542, REPRESENTED BY
ITS GENERAL MANAGER.
RESPONDENTS:
1. THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD T. C.
NO.27/156, 157, KALA NIVAS, CHINMAYA LANE, NEAR AYURVEDA COLLEGE,
THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS SECRETARY.
2. THE EMPLOYEES PROVIDENT FUND ORGANISATION REGIONAL OFFICE, BHAVISHYA
NIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM DISTRICT - 695 004,
REPRESENTED BY REGIONAL PROVIDENT FUND COMMISSIONER.
3. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT
OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695
001.
4. VIJAYAN BHASKARAN K. KARINTHADIKKAL, ERAVIPEROOR P. O.,
PATHANAMTHITTA DISTRICT - 689542.
5. EAPEN THOMAS PAZHOOR, KUMBANAD P. O., PATHANAMTHITTA DISTRICT -
689547.
6. JAYAPRAKASH K. ATHIRA KANNANGATTU, MUTHAVAZHI, PANDANADU P. O.,
CHENGANNOOR, ALAPPUZHA DISTRICT - 689506.
7. PREMA VASUDEV GOKULAM, THIRUVALLA P. O., PATHANAMTHITTA DISTRICT -
689101.
8. MARY T. PHILIP VAZHUVELIL, OMALLOOR P. O., PATHANAMTHITTA DISTRICT -
689647.
9. JAMES VARGHESE CHAMAKALAYIL, KOLABHAGAM P. O., THADIYOOR,
PATHANAMTHITTA DISTRICT - 689545.
10. THANKAPPAN K. K. KALLUVAKA, NARAKATHANI P. O., MALLAPPALLY,
PATHANAMTHITTA - 689544.
11. SASIKUMAR A. C. ARAMATTOM HOUSE, NOOROMMAVU P. O., PUNNAVEL,
PATHANAMTHITTA DISTRICT - 689589.
12. M. C. MATHEW MUTHALAKULATHU, KURUNGAZHA P. O., PULLAD,
PATHANAMTHITTA DISTRICT - 689548.
13. VALSA MATHEW THELAPURATHU HOUSE, MARAMON P. O., KOZHENCHERRY,
PATHANAMTHITTA - 689549.
14. VANAJAKUMARI C. K. CHEMPAKAMANGALAM, MALLAPPUZHACHERRY P. O.,
KOZHENCHERRY, PATHANAMTHITTA DISTRICT - 689533.
15. SREEKUMAR P. A. PARAMPATHU SREESAILAM, AZHIYIDATHUCHIRA P. O.,
THIRUVALLA, PATHANAMTHITTA DISTRICT - 689113.
16. JAINAMMA SRAMPICAL PALLIKKATHAZHE HOUSE, KADAMPAZHIPURAM P. O.,
MANNAMPALLI ROAD, PALAKKAD DISTRICT - 678 633.
17. THOMAS MATHEW PERUMPOIKAYIL, VELLIYARA P. O., AYROOR, PATHANAMTHITTA
DISTRICT - 689612.
18. C. V. KURUVILA SANGARAMANGALAM HOUSE, ERAVIPEROOR P. O.,
PATHANAMTHITTA DISTRICT - 689542.
19. GOPALAKRISHANA PILLAI T. K. THANATHETHU, KURIYANNOOR P. O.,
KOZHENCHERRY, PATHANAMTHITTA - 689 550.
20. KUNJAMMA V. K. VAZHAYIL HOUSE, KURUGAZHA P. O., PULLAD,
PATHANAMTHITTA DISTRICT - 689548.
21. SOMAN BHASKARAN KARINTHADIKKAL, ERAVIPEROOR P. O., PATHANAMTHITTA
DISTRICT - 689542.
22. RENY P. W/O. LATE JAYS KOSHY, THACHAKKALIL, MALLAPPALLY WEST P. O.,
PATHANAMTHITTA - 689585.
23. UMADEVI N. G. CHERUKURAMADOM, POOVATHOOR P. O., PATHANAMTHITTA
DISTRICT - 689531.
24. T. K. SASI SREESAILAM, THUKALASSERRY, THIRUVALLA P. O.,
PATHANAMTHITTA DISTRICT - 689101.
25. V.P. RAJASEKHARAN NJALIPARAMPIL, PULLAD P. O., PATHANAMTHITTA
DISTRICT - 689548.
26. AMBIKADEVI V. SOUPARNIKA, KANJEETTUKARA P. O., PATHANAMTHITTA
DISTRICT - 689611.
27. C. A. IBRAHIM RAWTHER SEETHAKULAM, EZHUMATTOOR P. O., PATHANAMTHITTA
DISTRICT - 689586.
28. A. P. JOY NALPANAL, THURUTHICAD P. O., MALLAPPALLY, PATHANAMTHITTA
DISTRICT - 689597.
29. UNNIKRISHNAN NAIR N. B. NADUVILEMURIYIL, MALLAPPALLY EAST P. O.,
PATHANAMTHITTA DISTRICT - 689584.
30. BALAN NAIR C. T. CHERIYAMUNDAMTHANATHU, EDAPPAVOOR P. O., RANNI,
PATHANAMTHITTA DISTRICT - 689614.
31. SREEKUMARI K. SWARNAMALA (THARUVELIL), ERAVIPEROOR P. O.,
PATHANAMTHITTA DISTRICT - 689542.
32. K. V. JANARDHANA PILLAI SANKARAGEETHAM, KULASEKHARAMANGALAM P. O.,
VAIKOM, KOTTAYAM DISTRICT - 686 608.
33. SUSHAMADEVI R. VIJAYAVILAS, CHALAPPALLY P. O., PATHANAMTHITTA -
689586.
34. BALAMMAL P. S. LEKSHMI VIHAR, PODIYADI P. O., THIRUVALLA,
PATHANAMTHITTA DISTRICT - 689110.
35. P. G. MOHANAN PULIMOOTTIL, ERAVIPEROOR P. O., ERAVIPEROOR,
PATHANAMTHITTA DISTRICT - 689542.
36. JOHN JOSEPH PARAYIL HOUSE, KANJIRAPPALLI P. O., KOTTAYAM DISTRICT -
686 507.
37. K. P. SASIKUMAR KARTHIKA, ERAVIPEROOR P. O., PATHANAMTHITTA DISTRICT
- 689542.
38. K. K. RAMACHANDRA PANICKER RESHMA, PULLAD P. O., PATHANAMTHITTA
DISTRICT - 689548.
39. RETNAMMA K. G. SREEVALSOM HOUSE, MALLAPPALLY WEST P. O.,
PATHANAMTHITTA DISTRICT - 689585.
40. K. G. SUDARSANA KUMAR KARIMPANNOOR, PULLAD P. O., PATHANAMTHITTA
DISTRICT - 689548.
41. JACOB A. E. AIYAMKOVIL, VALAKUZHY P. O., PATHANAMTHITTA DISTRICT -
689544.
42. ROSLY ABRAHAM KANDAMKERY, ITHITHANAM P. O., CHENGANACHERRY, KOTTAYAM
DISTRICT - 686 535.
43. LATHIKA BAI K. MANEESHA, CHAMPAKKARA P. O., KOTTAYAM DISTRICT -
689540.
44. M. N. RAJAPPAN NAIR MAVELIL HOUSE, VAIPUR P. O., MALLAPPALLY,
PATHANAMTHITTA DISTRICT - 689588.
45. VALSALAKUMARI K. ANISH BHAVAN, NEDUMKUNNAM P. O., KOTTAYAM DISTRICT
- 686 542.
46. V. K. SREEDHARAN PILLAI MAREKKATTU THEVALLIL HOUSE, EAST OTHERA P.
O., THIRUVALLA, PATHANAMTHITTA DISTRICT - 689546.
47. V. J. JOSE FLAT NO.B-2, PALACKALODI BUILDINGS, ERAVIPEROOR P. O.,
PATHANAMTHITTA DISTRICT - 689542.
48. P. S. SIVANANDA CHETTIYAR PAINKAVIL, KOTTANADU P. O., THIRUVALLA,
PATHANAMTHITTA DISTRICT - 689615.
49. SUSAMMA MATHEW KALCHIRA MELEKUTTU HOUSE, MALLAPPALLY WEST P. O.,
THIRUVALLA, PATHANAMTHITTA DISTRICT - 689585.
50. LISSY ABRAHAM CHIRAMIKHATH HOUSE, NELLIMALA P. O., ERAVIPEROOR,
PATHANAMTHITTA DISTRICT - 689542.
51. GEETHABAI VAMADEVA SADANAM, KEEZHVAIPUR P. O., MALLAPPALLY,
PATHANAMTHITTA DISTRICT - 689587.
52. P. SREEDEVI VETTIKAVUNKAL HOUSE, KARUKACHAL P. O., KOTTAYAM DISTRICT
- 686 540.
53. HEMALATHA DEVI K. G. DEVIKRIPA, NEDUMKUNNAM P. O., KOTTAYAM DISTRICT
- 686 542.
54. THOMAS KORUTHU PLAKEEZHU KOCHUPURAYIL HOUSE, ERAVIPEROOR P. O.,
ERAVIPEROOR, PATHANAMTHITTA DISTRICT - 689542.
55. K. N. RAVEENDRAN KARINTHADIKKAL, ERAVIPEROOR P. O., THIRUVALLA,
PATHANAMTHITTA DISTRICT - 689542.
56. RAJAN PHILIP KOCHIKUZHIYIL, MALLAPPALLY WEST P. O., PATHANAMTHITTA
DISTRICT - 689585.
57. ADDL 57, P.G.SANTHOSH KUMAR ACCOUNTANT, THE THIRUVALLA EAST CO-
OPERATIVE BANK LIMITED NO.3260, ERAVIPEROOR, THIRUVALLA,
PATHANAMTHITTA-689 542.
58. ADDL 58, E.A.ABRAHAM, SENIOR CLERK, THE THIRUVALLA EAST CO-OPERATIVE
BANK LIMITED NO.3260, ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA-689
542.
59. ADDL 59, BIJU JACOB, SENIOR CLERK, THE THIRUVALLA EAST CO-OPERATIVE
BANK LIMITED NO 3260. ERAVIPEROOR, THIRUVALLA PATHANAMTHITTA- 689
542
60. ADDL R60, BIJU O.K. SENIOR CLERK, THE THIRUVALLA EAST CO-OPERATIVE
BANK LIMITED NO.3260, ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA-689
542.
61. ADDL R61, BISHA S, SENIOR CLERK, THE THIRUVALLA EAST CO-OPERATIVE
BANK LIMITED NO.3260, ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA-689
542.
62. ADDL R62, K.G.RAJENDRAN NAIR, SENIOR CLERK, THE THIRUVALLA EAST CO-
OPERATIVE BANK LIMITED NO.3260, ERAVIPEROOR, THIRUVALLA,
PATHANAMTHITTA-689 542.
63. ADDL R63, PRASEETHA GOPINATH, JUNIOR CLERK, THE THIRUVALLA EAST CO-
OPERATIVE BANK LIMITED NO.3260, ERAVIPEROOR, THIRUVALLA,
PATHANAMTHITTA-689 542.
64. ADDL R64, M.D.JOHN, ATTENDER, THE THIRUVALLA EAST CO-OPERATIVE BANK
LIMITED NO.3260, ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA-689 542.
65. ADDL R65, SAJI ABRAHM , ATTENDER, THE THIRUVALLA EAST CO-OPERATIVE
BANK LIMITED NO.3260, ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA-689
542.
66. ADDL 66, RAJESH KUMAR G, ATTENDER, THE THIRUVALLA EAST CO-OPERATIVE
BANK LIMITED NO.3260, ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA-689
542. ADDL R57 TO R66 ARE IMPLEADED AS PER ORDER DATED 23/9/2020 IN
I.A.1/20 IN W.P.(C)15624/20.
67. ADDL.67 THE PRINCIPAL ACCOUNTANT GENERAL(A&E), OFFICE OF THE
PRINCIPAL ACCOUNTANT GENERAL(A&E), M.G.ROAD, THIRUVANANTHAPURAM.
695001.IS IMPLEADED AS PER ORDER DATED 8/9/2021.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Exhibit-P4 Government Order and all further
proceedings, pending disposal of the Writ Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
11-08-2021 and upon hearing the arguments of SRI.GEORGE POONTHOTTAM
(SENIOR Advocate), along with SMT.NISHA GEORGE, Advocates for the
petitioner, SRI.M.SASINDRAN, Advocate for R1, SRI.BILWIN, Advocate for
R2, GOVERNMENT PLEADER for R3, SRI.SUBHASH CHAND.S., Advocate for R4 to
R6, R8, R9, R13 to R16, R18, R20, R21, R23, R26 to R28, R31 to R32, R34,
R38, R39, R41, R42, R43, R45 to R56, M/S.K.M.SATHYANATH & KAVERI.S.THAMBI,
Advocates for R25, M/S.SETHU NATH & MANORANJAN V.R, Advocates for R30 &
R35, and of SRI.T.B.HOOD Advocate for Addl R57 to R66, the court passed
the following:-
AMIT RAWAL, J.
=================
W.P.(C). Nos.15624 of 2020, 12837 of 2021,
17615 of 2020, 17598 of 2020,
17582 of 2020 & 17562 of 2020
=====================
Dated this the 8th day of September, 2021
ORDER
This Court after hearing the argument at some length on 16.03.2021 passed the following order:
"The questions which arise in all writ petitions preferred on behalf of the Co-operative Bank and retired employees is as to whether on coming into force of the pension scheme introduced in 1994,
1. Whether Employees Provident Fund Organisation (EPFO) with whom the contributions of the employees and employers were deposited on establishment of pension scheme were transferred to the board with facts and figures.
2. Whether pension board in view of the amendment caused in the proviso to Rule 39 of the scheme affected from 10.11.2010 withhold the pension until unless the same is received by the EPFO.
3. Whether the order Ext.P4 passed by the Secretary of Co-operative on direction of this Court had taken into consideration all the materials, particularly the one to be provided by the EPFO or not.
I am of the prima facie view that the equity can be struck for effective adjudication of the matter in case EPFO represented by Sri.Bilwin supplies material, which of course would not be germane to the adjudication of this Court W.P.(C). Nos.15624 of 2020 and conn.cases 2 involving disputed questions of fact but would not be of any hindrance for issuing appropriate directions to the competent authorities as per the scheme, for arriving at a conclusion in accordance with law. Sri.Bilwin seeks one week time to place on record material by way of a short affidavit and supply advance copy to the learned counsel representing the petitioner as well as the Government represented by the Government Pleader.
Post this matter on 23.03.2021."
2. The controversy in this case basically pertains to the order dated 29.01.2020 (Ext.P4) passed by the Additional Secretary, Co-operation Department on the basis of the directions contained in the order dated 21.05.2019 passed in W.P.(C).No.11362/2018 (Ext.P3). On the basis of the order aforementioned department of Employees Provident Fund - respondent No.2 by way of a statement dated 27.03.2021 given the details of the amount transferred to the Kerala Co-operative Societies Pension Board in respect of each member employed by the petitioner establishment/bank calculated under paragraph 39b of Employees Pension Scheme, 1995. On going through the W.P.(C). Nos.15624 of 2020 and conn.cases 3 same, Sri.Sasidharan had pointed out vis-a-vis the employee Sri.Eapen Thomas figuring at serial No.2 of the chart in the statement of respondent No.2 as compared to details Ext.P5, the bank contribution is much more than what has been reflected in the statement. This Court in Ext.P9 remitting the matter for adjudication of the dispute to the appellate authority had categorically held that the judicial review under Article 226 in the matter of disputed questions of fact involving accounting cannot be adjudicated by writ Court. Owing to the direction, the order has been passed, entailing, into challenge in this Court. I am of the prima facie view in fact the decision of the Additional Secretary co-operation may or may not have any effect which would be seen at the later point of time as he lacked the experience of accounting. Accordingly, I deem it appropriate to direct the Comptroller and Auditor General of India to look into the dispute of the petitioner bank vizs-a-vis the employees and Pension Board as well as EPF department. It is the prerogative of the Comptroller and Auditor General of India either to look into W.P.(C). Nos.15624 of 2020 and conn.cases 4 by himself or appoint a responsible senior officer who would call upon the parties by asking for all the material, including salary, number of employees contribution from time to time of the employer as well as the employee and remittance to the Pension Board on establishment of the pension board with effect from 01.06.1993. Also the private respondents, erstwhile employees of the petitioner bank who are being seriously prejudiced of having not been paid their full pension.
3. Let this order be communicated to the Comptroller and Auditor General who undertake the exercise as noticed above by calling upon the affected parties or their representatives ie., the petitioner bank, private respondents, representatives of the Pension Board as well as EPF and submit a report to this Court. Let this exercise be undertaken within a period of three months. The compliance report be submitted to this Court.
Post this matter on 13.12.2021. Interim order will continue till then. Since, I am directing the matter to the W.P.(C). Nos.15624 of 2020 and conn.cases 5 Comptroller and Auditor General, let him be impleaded in W.P.(C).No.15624/2020 in the address Principal Accountant General (A&E)Kerala, Office of Principal Accountant General (A&E), M.G.Road, Thiruvananthapuram - 695 001. All the parties shall supply the relevant materials to him or his assignee for the purpose of calculation and submission of report to this Court.
Sd/-
AMIT RAWAL JUDGE naksa/131219sasss 08-09-2021 /True Copy/ Assistant Registrar