Kerala High Court
Kodanad Service Co-Operative Bank Ltd. ... vs K.K.Sushama on 12 March, 2013
Author: Babu Mathew P. Joseph
Bench: S.Siri Jagan, Babu Mathew P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
&
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
TUESDAY, THE 12TH DAY OF MARCH 2013/21ST PHALGUNA 1934
WA.No. 330 of 2013
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[AGAINST THE JUDGMENT IN W.P.(C).NO.17976/2011, DTD. 08/01/2013
OF THIS HON'BLE COURT]
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APPELLANT/1ST RESPONDENT:
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KODANAD SERVICE CO-OPERATIVE BANK LTD. NO. 1565,
KODANAD P.O, ERNAKULAM DISTRICT,
REP. BY ITS SECRETARY.
BY ADV. SRI.K.S.AJAYAGOSH.
RESPONDENTS/PETITIONER & RESPONDENTS:
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1. K.K.SUSHAMA, AGED 48 YEARS,
W/O. LATE A.V. GOPI, EDAPPATTU HOUSE,
MANNOOR, KEEZHILLAM.P.O., PERUMBAVOOR (VIA).
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
ERNAKULAM, KOCHI -682 011.
3. THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD,
P.B. NO.85, CHINMAYA LANE,
KUNNUMPURAM, NEAR AYURVEDA COLLEGE,
THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS SECRETARY.
4. THE KERALA STATE CO-OPERATIVE EMPLOYEES WEFARE BOARD,
REPRESENTED BY ITS SECRETARY,
(ADDITIONAL REGISTRAR), THIRUVANANTHAPURAM - 695 001.
R1 & R2 BY SR. GOVERNMENT PLEADER SMT. P.A. REZIYA,
R3 BY ADV. SRI.K.R.SUNIL,S.C,
R4 BY ADVS. SRI.NAGARAJ NARAYANAN,
SRI.SAIJO HASSAN,
SRI.V.G ARUN.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12-03-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Prv.
W.A. NO.330/2013:
APPENDIX
PETITIONER'S ANNEXURE:
ANNEXURE A1: COPY OF THE PLAINT IN ARC.NO.173/2011 DTD. 14/09/2011
BEFORE AR (GENERAL), KUNNATHUNAD.
RESPONDENTS ANNEXURES: NIL.
//TRUE COPY//
P.A. TO JUDGE
Prv.
S. SIRI JAGAN &
BABU MATHEW P. JOSEPH, JJ.
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W.A. No. 330 of 2013
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Dated this the 12th day of March, 2013
JUDGMENT
SIRI JAGAN, J.
The first respondent in W.P. (C) No. 17976 of 2011 is the appellant herein. The writ petition was filed by the first respondent herein. She is the widow of a former employee of the bank who is no more. The employee was entitled to pension from the Kerala Co-operative Employees Pension Board, and consequently on his death the wife is entitled to family pension. The wife also entitled to get welfare fund due to the deceased employee. For processing the application for pension the appellant bank has to forward the pension papers to the Pension Board. Complaining that the bank is not forwarding the pension papers and is not disbursing the welfare fund amount due, without authority of law the first respondent has filed the writ petition, seeking directions to the respondents in the writ petition in respect thereof. Before the learned single Judge, the appellant took the stand that while the deceased employee was in service he was guilty of misappropriation of huge amounts of the society and therefore the pension and welfare fund amounts cannot be disbursed W.A.No. 330 of 2013 -2- to the legal heirs of the deceased employee. But the appellant could not point out any law which enables the appellant to prevent disbursal of the pension and welfare fund amount to the legal heirs of the deceased employee. In view of the absence of legal provisions, the learned single Judge took the view that the remedy of the bank is to obtain appropriate orders from the arbitrator before whom the appellant has filed a petition under Section 69 of the Co-operative Societies Act for recovery of the amount allegedly misappropriated by the deceased employee. Accordingly, the learned single Judge issued the following directions:
"i) The 1st respondent bank shall forward all necessary documents required for payment of pension as well as welfare fund to the concerned authorities within a period of 15 days from the date of receipt of a copy of this judgment.
ii) The petitioner shall be addressed to sign necessary documents if necessary within one week from the date of receipt of a copy of this judgment.
iii) The right of the 1st respondent bank to move the appropriate authority u/s. 69 is left open and payment of the aforesaid amounts shall be subject to any interim orders that may be passed by such authority within the said period.
iv) If the documents are received by the Welfare Fund Board as well as the Pension Board, the payment including the arrears of pension shall be paid within a further period of two weeks from the date of receipt of the said documents, subject to the condition in clause (iii) above."
The appellant is aggrieved by the same.
2. The contention of the counsel for the appellant is that the appellant bank is entitled to attach the pension amount and the W.A.No. 330 of 2013 -3- welfare fund amount, which have ceased to have the character of pension and welfare fund and has become debt due to the legal heirs from the society. Consequently, the bank is entitled to attach those amounts. Therefore, the said amount should not be directed to be disbursed to the legal heirs of the deceased, is the contention raised. It is further submitted that if the judgment of the learned Single Judge is implemented, the appellant will have no remedies to proceed against those amounts for recovery of the amounts allegedly misappropriated by the deceased employee. The learned counsel relies on the decision of the Supreme Court in Union of India v. Jyoti Chit Fund and Finance & Others (1976) 3 S.C. Cases 607 and that of this court in Sathyavathi v. Vijayan and others (1991 (2) KLJ 11) in support of the contention that the amounts are attachable. The appellant would also contend that the appellant has already approached the arbitrator for attaching those amounts, in which the arbitrator has not yet passed any orders.
3. We have heard the parties. Before us also the appellant was unable to point out any legal provision whereby the appellant can legally withhold forwarding of pension papers for processing pension in respect of the deceased employee and to withhold payment of welfare fund amount due to the deceased employee. The judgment relied upon by the counsel for the appellant W.A.No. 330 of 2013 -4- is not applicable to the situation available in this appeal, insofar as the question here is not regarding attachment of the amounts. If the appellant is entitled to attach those amounts under law, then it is for the appellant to approach the appropriate authority seeking attachment of those amounts. As far as this case is concerned, the appellant cannot withhold forwarding of pension papers to the pension board for processing the pension claim in respect of the deceased employee. Likewise, the appellant cannot withhold payment of welfare fund amounts.
4. In the above circumstances, we do not find any infirmity in the judgment of the learned single Judge. Accordingly, the writ appeal is dismissed.
But, the appellant is granted two more weeks' time from today to comply with the directions of the learned single Judge.
Sd/-
S. SIRI JAGAN JUDGE Sd/-
BABU MATHEW P. JOSEPH
JUDGE
kvr/ /True copy/ P.S. to Judge