Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945 WP(C) NO. 41346 OF 2022 PETITIONERS: 1 K.K. RAJU, ASSISTANT MANAGER, KERALA STATE CO-OPERATIVE BANK, KOTTAYAM REGIONAL OFFICE, KOTTAYAM. 2 JOHNY JOSEPH, SENIOR MANAGER, KERALA STATE CO- OPERATIVE BANK, KOTTAYAM REGIONAL OFFICE, KOTTAYAM. 3 ANIL KUMAR, CLERK/CASHIER, KERALA STATE CO-OPERATIVE BANK, KOTTAYAM REGIONAL OFFICE, KOTTAYAM. 4 DINESH KUMAR V., ASSISTANT MANAGER, KERALA STATE CO- OPERATIVE BANK, KOTTAYAM REGIONAL OFFICE, KOTTAYAM. 5 BERNAD SIMON, SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK, KOTTAYAM REGIONAL OFFICE, KOTTAYAM. GEORGE POONTHOTTAM (SR.) NISHA GEORGE A.L.NAVANEETH KRISHNAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 3 KERALA STATE CO-OPERATIVE BANK LTD., P.B.NO.6515, COBANK TOWERS, PALAYAM, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM-695004.
5 BERNAD SIMON, SENIOR MANAGER, KERALA STATE CO- OPERATIVE BANK, KOTTAYAM REGIONAL OFFICE, KOTTAYAM. *THE ADDRESS OF THE 5TH RESPONDENT IS CORRECTED AS "THRISSUR REGIONAL OFFICE, THRISSUR", INSTEAD OF "KOTTAYAM REGIONAL OFFICE, KOTTAYAM, AS PER THE ORDER DATED 22.02.2023 IN I.A. NO. 1/2023. BY ADV GILBERT GEORGE CORREYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.07.2023, ALONG WITH WP(C).41322/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945 WP(C) NO. 41322 OF 2022 PETITIONERS: 1 V.SUBHASH, BRANCH MANAGER, KERALA STATE CO- OPERATIVE BANK, REGIONAL OFFICE, THIRUVANANTHAPURAM - 695 001. 2 GOPALAKRISHNAN V.S, OFFICE FACILITATOR, KERALA STATE CO-OPERATIVE BANK, NORTH PARAVUR MAIN BANK, ERNAKULAM - 682 011. 3 PRABHAVATHI K.V, BRANCH MANAGER, KASARAGOD MAIN BRANCH, KERALA STATE CO-OPERATIVE BANK, KASARAGOD - 671 121. 4 R.VASUDEVAN, SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK, REGIONAL OFFICE, PALAKKAD - 678 001. 5 MANOJ T.P, CLERK, KERALA STATE CO-OPERATIVE BANK, REGIONAL OFFICE, ALAPPUZHA, ALAPPUZHA DISTRICT-688 001. 6 K.B.KRISHNAKUMAR, BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK, KOLLAM MAIN BRANCH, KOLLAM DISTRICT - 691 001. 7 ANILKUMAR V.G, BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK, THODUPUZHA, M/E BRANCH- 685 584, IDUKKI DISTRICT. 8 SURESH M.B, ACCOUNTANT, KERALA STATE CO-OPERATIVE BANK, VAIKOM MAIN BRANCH, KOTTAYAM -686 141. 9 JAYARAJAN ALANCHERY, ACCOUNTANT, BANK INSPECTOR, MANANTHAVADY AREA, KERALA STATE CO-OPERATIVE BANK, WAYANAD DISTRICT -673 121. 10 BABU PAKKAN, ASSISTANT BRANCH MANAGER, KERALA STATE CO- OPERATIVE BANK, REGIONAL OFFICE, KANNUR, KANNUR DISTRICT -670 003. BY ADVS. P.N.MOHANAN C.P.SABARI AMRUTHA SURESH GILROY ROZARIO RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM - 695 014.
3 KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY CHIEF EXECUTIVE OFFICER, CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM - 695 001. 4 MANAGING COMMITTEE OF KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY PRESIDENT, CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM - 695 001. GILBERT GEORGE CORREYA SMT.MABLE C.KURIAN[SR.GP] THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.07.2023, ALONG WITH WP(C).41346/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
[WP(C) Nos.41346/2022, 41322/2022] The petitioners are stated to be employees of the third respondent - Bank; and say that they were originally working under the various District Co-operative Banks, which were amalgamated as per Section 74H of the Kerala Co-operative Societies Act (KCS Act) with the former, as per law.
2. The petitioners assert that since the aforementioned
amalgamation was done in terms of Subsection 13 of Section 74H of the KCS Act, they are now governed by the provisions of the Banking Regulation Act, 1949 and the Reserve Bank of India Act, 1934, particularly because the State Co-operative Bank is a scheduled bank, included under the second schedule of the Reserve Bank of India Act. They assert that, therefore, their retirement age should also be in terms of the prescriptions applicable to a scheduled bank; but that the Government has not taken a decision in this regard until now, thus forcing the petitioners in W.P.(C) No.41322/2022, along with Union of employees to prefer Exts.P2 and P3 representations before respondents 1 and 4 and the petitioners in W.P.(C) No.41346/2022 to make Ext.P5 representation before the respondents therein. They allege that, however, no action has been taken on it until now; though, when a similar matter, filed by employees of the Kerala Land Development Corporation, was considered before this Court in W.P.(C) No.3472/2021 and connected matters, interim orders were issued therein, leaving it to the Government to take a decision, but allowing the said employees to continue until such time. They pray that the Government be, therefore, directed to take up their afore requests and take a decision thereon, after affording them an opportunity of being heard.
3. Sri.George Poonthottam - learned senior counsel,
instructed by Smt.Nisha George appearing for the petitioners in W.P.(C) No.41346/2022 and Sri.P.M.Mohanan - learned counsel for the petitioners in W.P.(C) No.41322/2022, pointed out that this Court has already issued an interim order on 20.12.2022, making it clear that the retirement of their clients will be subject to final orders in these writ petitions. They thus prayed that the Government be directed to take a decision without any further delay and that the afore interim order be continued until such time. They added that the retirement age in all scheduled banks has been standardised as 60, while it is only in the third respondent - bank that there is a difference between two classes of employees.
4. Sri.V.Venugopal - learned Government Pleader,
submitted that if Exts.P2 and P5 representations in the afore writ petitions respectively are still pending, there does not appear to be any legal impediment in the competent Authority of the Government considering it, after affording the petitioners an opportunity of being heard. He, however, prayed that this Court may not make any affirmative declarations as to the entitlement of the petitioners to any relief and leave it to the said Authority to take a decision on it in terms of law.
5. When I evaluate the afore submissions, it is clear that
the petitioners are edificing their contentions on sub sections 14 and 18 of Section 74H of the 'KCS Act', as also on Rule 183 of the Kerala Co-operative Societies Rules. Their specific contention is that the latter Rule overrides all prescriptions to the contrary, particularly because the amalgamated bank is now a scheduled one, coming within the fold of the Reserve Bank of India Act. I do not propose to enter into the merits of these contentions at this stage because I am of the firm view that it is for the Government to take a call on them at the first instance.
6. Resultantly, I allow this writ petition to the limited
extent of directing the Government to take up Exts.P2 and P5 representations of the petitioners in these two writ petitions respectively; and dispose of the same, after affording them an opportunity of being heard, and of producing all relevant documents in support of their plea; thus culminating in an appropriate order and necessary action thereon, within a period of three months from the date of receipt of a copy of this
judgment.
Needless to say, until such time as the afore exercise is completed and the resultant orders communicated to the petitioners and the Unions, the interim order of this Court dated 20.12.2022 will continue to be in effect. Sd/- DEVAN RAMACHANDRAN JUDGE stu APPENDIX OF WP(C) 41322/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE G.O.(P) NO.20/2013 DATED 7.1.2013 OF THE GOVERNMENT. Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 28.7.2022 SUBMITTED BEFORE THE FIRST RESPONDENT. Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 7.2.2022 SUBMITTED BEFORE THE FOURTH RESPONDENT. Exhibit P4 A TRUE COPY OF THE INTERIM ORDER DATED 11.2.2021 IN WP(C) NO.3472/2021. Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED 10.6.2020 IN WP(C) NO.3428/2020. APPENDIX OF WP(C) 41346/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PORTIONS OF THE
BIPARTITE AGREEMENT ENTERED INTO BETWEEN THE BANKING COMPANIES AND THEIR WORKMEN REGARDING THE INDUSTRIAL DISPUTES ON 19.10.1966.
Exhibit P2 TRUE COPY OF THE RELEVANT PORTIONS OF THE RESERVE BANK OF INDIA (STAFF) REGULATIONS, 1948. Exhibit P3 TRUE COPY OF THE G.O.(P) NO.46/2014/FIN. DATED 31.10.2014. Exhibit P4 TRUE COPY OF THE RELEVANT PORTIONS OF THE REPORTS SUBMITTED BY THE COMMISSION APPOINTED AS PER G.O.(RT) NO.183/2019/CO-OP DATED 9.3.2019. Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 1.12.2022 BEFORE THE RESPONDENTS. Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 7.12.2022 IN WP(C) NO.39613/2022 PASSED BY THIS HON'BLE COURT.