Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.19441 OF 2011(E) PETITIONERS: 1 INDIRA.P., W/O.E.RAMACHANDRAN, PANAVALAPPIL HOUSE, MANNUTHI PO, THRISSUR DT PIN 680 651, RETIRED BRANCH MANAGER, FATIMANGAR CO-OP BANK, NO.224. 2 THABEETHA M JOSE AGED 61 YEARS KUNDUKULAM HOUSE,THIROOR,, MULANKUNNATHKAVU PO, THRISSUR DT PIN 680 581., RETIRED BRANCH MANAGER, FATIMANGAR CO-OP BANK, NO.224. BY ADV. SRI.C.D.DILEEP RESPONDENT/S: 1 FATIMANAGER CO-OP.BANK LTD.NO.3918 NO.R 224,EAST FORT, THRISSUR PIN 680 005,, REPRESENTED BY ITS SECREARTY. 2 LIFE INSURANCE CORPORATION OF INDIA REPRESENTED BY ITS DIVISIONAL MANAGER, JEEVAN PRAKASH, M.G.ROAD, ERNAKULAM PIN 682 016. 3 JOINT REGISTRAR CO-OPERATIVE SOCIETIES GENERAL THRISSUR PIN 680 003. 4 REGISTRAR CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM PIN 695 001. R1 BY ADV. SRI.V.G.ARUN R1, R3 BY GOVERNMENT PLEADER R1 BY ADV. SRI.T.R.HARIKUMAR R1 BY ADV. SRI.T.S.HARIKUMAR R1 BY ADV. SRI.K.JAGADEESH R1 BY ADV. SRI.P.B.SAHASRANAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19988/2009(P) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.19988 OF 2009 PETITIONERS: 1 P.O.THOMAS THAZHEKKAD, THRISSUR. 2 V.K.LALITHAKUMARAN VAKKAYIL, PURATHUSSERY, IRINJALAKUDA NORTH. BY ADV. SMT.P.R.REENA RESPONDENTS: 1 THE IRINJALAKUDA CO-OP.AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, IRINJALAKUDA,, REP.BY ITS SECRETARY. 2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 3 THE LIFE INSURANCE CORPORATION OF INDIA ERNAKULAM DIVISION, PENSION AND GROUP SCHEMES, DEPARTMENT, 4TH FLOOR, JEEVAN PRAKASH,, M.G.ROAD, KOCHI-11. R1 BY ADV. SRI.V.G.ARUN R1 BY ADV. SMT.PRABHA R.MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.22833 OF 2010 PETITIONER: T.P.PURUSHOTHAMAN KATHAMPOTTA, CHITTILAMCHERRY, PALAKKAD. BY ADVS. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: 1 THE STATE OF KERALA & OTHERS THE SECRETARY TO GOVERNMENT, DEPARTMENT OF, CO- OPERATION, GOVT.SECRETARIT,, THIRUVANANTHAPURAM.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PALAKKAD. 4 KOTTAYI SERVICE CO-OPERATIVE BANK LTD.NO.F.1233, P.O.KOTTAYI,, PALAKKAD DISTRICT. R1 BY GOVERNMENT PLEADER R1 BY ADV. SRI.M.SUGADHA KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.27191 OF 2010 PETITIONER:
K.V.DAVID S/O.LATE VAREED, KALLIKKADAN HOUSE,, P.O.KODANNUR, THRISSUR DT., (RETIRED SECRETARY, NEDUPUZHA SERVICE CO-OP.BANK) BY ADV. SRI.C.D.DILEEP RESPONDENTS: 1 NEDUPUZHA SERVICE CO-OP.BANK LTD.NO.555, NEDUPUZHA, THRISSUR., REPRESENTED BY ITS SECRETARY. 2 LIFE INSURANCE CORPORATION OF INDIA REPRESENTED BY ITS DIVISIONAL MANAGER,, JEEVAN PRAKASH, M.G.ROAD, ERNAKULAM.
3 JOINT REGISTRAR, CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 4 REGISTRAR, CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. R1, R3 BY GOVERNMENT PLEADER R1 BY ADV. SRI.LAL GEORGE R1 BY ADV. SRI.C.E.UNNIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.28376 OF 2010 PETITIONER: K.K.VALSALAN KUNDANOOR,MARADU PO 682 304. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: 1 MARADU SERVICE CO-OPERATIVE BANK NO.43, HEAD OFFICE , MARADU 682 304, REPRESENTED, BY ITS SECRETARY. 2 THE LIFE INSURANCE CORPORATION OF INDIA, PENSION AND GROUP SCHEMES DEPARTMENT,, 'JEEVAN PRAKASH'M.G.ROAD,ERNAKULAM 682 035,, REPRESENTED BY ITS DIVISIONAL MANAGER. 3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM 695 001. R1 BY ADV. SRI.GEORGE POONTHOTTAM R1 BY ADV. SRI.T.S.HARIKUMAR R1 BY ADV. SRI.P.B.SAHASRANAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -6-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.28986 OF 2010 PETITIONER:
C.V.VIJAYAN DPO ROAD,MALAPPURAM 676 505, RETIRED CHIEF, ACCOUNTANT,PERINTALMANNA SERVICE CO-OP.BANK LTD. BY ADV. SRI.P.SAMSUDIN RESPONDENT: THE PERINTHALMANNA SERVICE CO-OPERATIVE BANK LTD.,NO.P.534,REPRESENTED BY ITS CHIEF EXECUTIVE , PERINTALMANNA 679 322. R1 BY ADV. SRI.V.G.ARUN R1 BY ADV. SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -7-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.29049 OF 2010 PETITIONER: IGNATIOUS JOHN P. PONNOKARAN HOUSE, PULIPARAMBU, P.O.OLLUKKARA, THRISSUR DIST.PIN-680655., (RETIRED SECRETARY, MOOSPET SERVICE CO-OP BANK, NO.682) BY ADV. SRI.C.D.DILEEP RESPONDENTS: 1 MOOSPET SERVI E CO-OPERATIVE BANK LTD. NO.682,MOOSPET ROAD, THRISSUR,, PIN-680005, REP.BY ITS SECRETARY 2 LIFE INSURANCE CORPORATIN OF INDIA REPRESENTED BY ITS DIVISIONAL MANAGER,, JEEVAN PRAKASH, M.G.ROAD, ERNAKUALM 3 JOINT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL) THRISSUR ,PIN-680003 4 REGISTRAR CO-OPERATIVE SOCIETIES,, THIRUVANANTHAPURAM R1 BY ADV. SRI.NIREESH MATHEW R1 BY ADV. SMT.SREEKALA KRISHNADAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -8-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.31422 OF 2010 PETITIONERS: 1 T.K.PONNAPPAN, THENAYAT HOUSE,VADAKKUMPURAM,PO., NORTH PARAVUR, ERNAKULAM DISTRICT.
2 E.M.KANAKALATHA, W/O.P.K.KUMARAN,POYATHARA HOUSE,BEHIND PADAKULAM,, KODUNGALLUR PO, THRISSUR DISTRICT. 3 K.G.RAJAN, S/O.GOPALAN ACHARY, KATTIPPADATH THARAYIL,, T.K.S.PURAM,KODUNGALLUR PO, THRISSUR DISTRICT. 4 K.K.VENUGOPALAN S/O.RAGHAVAN PILLAI,KUNNUMPURATH HOUSE, ASAN NAGAR,KODUNGALLUR PO,THRISSUR DISTRICT. 5 A.G.SUKUMARA MENON, S/O.BHASKARA MENON,ARAKKAL PUTHENVEETTIL,, CHAPPARA, PULLUT PO, THRISSUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS: 1 THE KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO.102,KODUNGALLUR,THRISSUR DISTRICT-, REPRESENTED BY ITS CHAIRMAN.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) THRISSUR R1 BY ADV. SRI.M.P.ASHOK KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -9-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.32776 OF 2010 PETITIONERS: V.T.CHACKO, AGED 59 YEARS, RETIRED ACCOUNTANT, SON OF THOMAS, THE VAZHOOR FARMERS SERVICE, CO-OPERATIVE BANK LTD.NO.2278, HEAD OFFICE, PULICKAL KAVALA P.O.-686 515, KOTTAYAM DISTRICT, RESIDING AT VELLAKKALLUNGAL HOUSE, VAZHOOR P.O 686 504, KOTTAYAM DISTRICT. BY ADVS. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.ABU MATHEW SRI.K.V.GEORGE SMT.LAKSHMI B.SHENOY SRI.SOBHAN GEORGE RESPONDENTS: 1 THE JOINT REGISTRAR OF CO OP SOCIETIES SOCIETIES, CIVIL STATION, KOTTAYAM-686 002. 2 THE VAZHOOR FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.2278, REPRESENTED BY ITS SECRETARY, HEAD OFFICE, PULICKAL KAVALA P.O., PIN- 686 514, KOTTAYAM DISTRICT. R1 BY ADV. SRI.K.SURESH KURUP R1 BY ADV. SRI.SURIN GEORGE IPE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -10-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.3557 OF 2011 PETITIONER:
JOHN K.P., KONGOTHRA HOUSE, KIZHAKKUM PATTUKAEA, MUKKATTUKARA ROAD, THRISSUR-5., (RETIRED ACCOUNTANT, FATIMANAGAR CO-OP., BANK NO.R.224). BY ADV. SRI.C.D.DILEEP RESPONDENTS: 1 FATIMANAGAR CO-OP BANK LATD NO.R.224 &OR LTD.NO.R.224, EAST FORT, THRISSUR,, PIN-680 005, REPRESENTED BY ITS SECRETARY. 2 LIFE INSURANCE CORPORATION OF INDIA REPRESENTED BY ITS DIVISIONAL MANAGER,, JEEVAN PRAKASH, M.G.ROAD, ERNAKULAM.
3 JOINT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL), THIRSSUR-680 003. 4 REGISTRAR, CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. R1, R3 BY GOVERNMENT PLEADER R1 BY ADV. SMT.PRABHA R.MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -11-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.3715 OF 2011 PETITIONER: V.C.KURIAKOSE AGED 58 YEARS S/O. CHACKO, VETTIKATTIL HOUSE, SANTHI NAGAR HOUSING COLONY, SULTHAN BATHERY. BY ADV. SRI.SAIGI JACOB PALATTY RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO- OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES KERALA STATE, THIRUVANANTHAPURAM-695 001. 3 THE SULTHAN BATHERI CO-OPERATIVE URBAN BANK LTD., SULTHAN BATHERY, WYNADU DISTRICT - 673 592. 4* ADDL. R4.LIC OF INDIA REPRESENTED BY THE DIVISIONAL MANAGER, M.G.ROAD,
ERNAKULAM. (*IS IMPLEADED AS ADDL.R4 VIDE ORDER
DT.10.2.2011 IN IA 2141/2011.) R1 BY ADV. SRI.LAL GEORGE R1 BY ADV. SRI.P.N.MOHANAN R4 BY ADV. LAL GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -12-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.12675 OF 2011 PETITIONERS: 1 DAMODHARAN AND OTEHRS RESIDING AT CHERPLASSERY POST, PALAKKAD-679503. 2 K.R.VIJAYALAKSHMI RESIDING AT KELAMKUMARATH HOUSE, CHERPLASSERY POST,, PALAKKAD- 679503. 3 VALSALA WO.LATE CHATHAN RESIDING AT KOTTAYIL VEEDU, CHERPLASSERY POST,, PALAKKAD- 679503.
4 C.JAYAKUMARI WO.LATE MOHANAKRISHNAN RESIDING AT 'MOJASA', THOTTAKARA DESOM,, OTTAPALAM I VILLAGE, PALAKKAD-679101. BY ADVS. SRI.MATHEWS RAJU SRI.T.C.SURESH MENON RESPONDENTS: 1 THE JOINT REGISTRAR OF CO-OP.SOCIETIES SOCIETIES, PALAKKAD-1. 2 THE CHERPLACHERRY SERVICE CO-OPERATIVE BANK LIMITED, NO.P-689, REPRESENTED BY ITS, SECRETARY, CHERPLACHERRY P.O., PALAKKAD-679503.
3 THE LIFE INSURANCE CORPORATION OF INDIA REPRESENTED BY ITS MANAGER, P-495,, DEPARTMENT, 4TH FLOOR, LIC DIVISIONAL OFFICE,, M.G.ROAD, ERNAKULAM- 16. WP(C).No.19441 OF 2011 & con.cases -13- R1 BY ADV. SMT.PRABHA R.MENON R1 BY ADV. SRI.SANTHEEP ANKARATH R1 BY ADV. SRI.SUMODH MADHAVAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -14-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.13783 OF 2011 PETITIONER: T.K.SATHIBAI ASSISTANT MANAGER(RETIRED), ENGANDIYOOR FARMERS, CO-OPERATIVE BANK, NOW RESIDING AT NEDIYEDATH, HOUSE,PANDALIYOOR.P.O., THRISSUR DIST. BY ADV. SMT.P.R.REENA RESPONDENTS: 1 THE ENGANIDIYOOR FARMERS CO-OPERATIVE BANK, REPRESENTED BY ITS PRESIDENT, ENGANDIYOOR,, THRISSUR DIST-680615. 2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR-680003. R1 BY ADV. SRI.M.V.BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -15-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.22975 OF 2011 PETITIONER: SMT.P.JAYABALA W/O.K.M.BABY RAJAN,, SUSHREE,MANISSERI P.O,, VIA OTTAPALAM,PALAKKAD. BY ADVS. SRI.A.N.RAJAN BABU SRI.A.R.EASWAR LAL SRI.P.GOPALAKRISHNAN (MVA) RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY SECRETARY,, DEPARTMENT OF CO- OPERATION,GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM 695 001. 2 THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD;PALAKKAD,, REPRESENTED BY ITS GENERAL MANAGER 678 001. 3 THE GENERAL MANAGER THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD;, PALAKKAD 678 001. 4 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,, PALAKKAD 678 001.
R1 BY GOVERNMENT PLEADER R1, R3 BY ADV. SRI.P.N.MOHANAN R2-3 BY SRI.M.SASINDRAN, SC, PALAKKAD DIST.CO.OP.BANK WP(C).No.19441 OF 2011 & con.cases -16- THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -17-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.34553 OF 2011 PETITIONER: A.RAMESH RAO S/O.LATE A.GOVINDA RAO, AYYAPPA NAGAR, KELUNGUDDE CROSS ROAD, KUDLU, KASARAGOD. BY ADVS. SRI.V.V.ASOKAN (SR.) SMT.RUKHIYABI MOHD KUNHI RESPONDENTS: 1 KASARGODE CO-OPERATIVE TOWN BANK AND KASARAGODE-671121, REPRESENTED BY ITS GENERAL MANAGER. 2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL KASARAGODE-671121.
3 THE MANAGER LIFE INSURANCE CORPORATION OF INDIA,PENSION AND GROUP SCHEME DEPARTMENT,KOZHIKODE DIVISION, KOZHIKODE-673001. R1 BY ADV. SRI.PUSHPARAJAN KODOTH R1, R3 BY ADV. SRI.S.EASWARAN R1-2 BY GOVERNMENT PLEADER R1 BY ADV. SRI.T.SETHUMADHAVAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -18-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.35127 OF 2011 PETITIONERS: 1 P.MOOSA AND ANOTHER AGED 61 YEARS,S/O.MOIDU,POOVAKURISSI HOUSE,MOORKANAD.P.O,PERINTHALMANNA,MALAPPURAM DISTRICT,PIN:679338.(RETIRED CHIEF ACCOUNTANT,THE URBAN CO-OPERATIVE BANK LTD; PERINTHALMANNA) 2 P.MOIDUTTY AGED 61 YEARS,S/O.MOHAMMED,PATTUKUTH HOUSE,CHERUKARA.P.O,PERINTHALMANNA TALUK,MALAPPURAMDISTRICT,PIN-67940.(RETIRED CHIEF ACCOUNTANT,THE URBANCO-OPERATIVE BANK LTD; PERINTHALMANNA) BY ADV. SRI.C.D.DILEEP RESPONDENTS: 1 THE URBAN CO-OPERATIVE BANK LTD. NO.1758 NO.1758,PERINTHALMANNA,P.O,PERINTHALMANNA,MALAPPURA MDISTRICT,PIN-679322.REPRESENTED BY ITS SECRETARY. 2 LIFE INSURANCE CORPORATION OF INDIA REPRESENTED BY ITS DIVISIONAL MANAGER,JEEVAN PRAKASH,M.G.ROAD,ERNAKULAM-682016.
3 JOINT REGISTRAR, CO-OPERATIVE SOCIETIESGENERAL MALAPPURAM,PIN-679001. 4 REGISTRAR, CO-OPERATIVE SOCIETIES THIRUVNANTHAPURAM-695001. R1, R3 BY GOVERNMENT PLEADER R1 BY ADV. SRI.V.KRISHNA MENON WP(C).No.19441 OF 2011 & con.cases -19- R1-2 BY ADV. SRI.LAL GEORGE R1 BY ADV. SRI.E.K.MADHAVAN R1 BY ADV. SMT.P.VIJAYAMMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -20-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.23664 OF 2013 PETITIONER: A. DAMODARAN S/O.ACHUTHAN (LATE), PUTHUMANA HOUSE, PUTHIYAVILA P.O., KARTHIKAPPALLY, ALAPPUZHA DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 2 THE KARTHIKAPPALLY TALUK CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. A-326 HARIPAD P.O., ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY-690514. 3 THE DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA, KOTTAYAM- 686001. R1, R3 BY ADV. SRI.S.EASWARAN R1-2 BY ADV. SRI.P.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -21-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.16011 OF 2014 PETITIONER: PALAKKAD DISTRICT CO-OPERATIVE BANK REPRESENTED BY ITS GENERAL MANAGER (IN CHARGE),H.P.O.ROAD, PALAKKAD, PIN 678 001. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, CO- OPERATIONDEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM695 001. 2 REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 3 A.SATHYAMOORTHY SENIOR MANAGER RETD PALAKKAD PIN - 678 014. R1, R3 BY ADV. SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -22-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.14682 OF 2016 PETITIONERS: OMANAKUTTAN M AGED 58 YEARS S/O.MADHAVAN, ANISH BHAVAN,VALLAMKULAM, PATHANAMTHITTA DISTRICT. BY ADVS. SHRI.P.SREEKUMAR SRI.P.K.ABDU RAHEEM SMT.MARY RESHMA GEORGE SMT.P.M.MAZNA MANSOOR SRI.K.NANDAKUMAR SRI.S.PRASANTH RESPONDENTS: 1 THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES,MINI CIVIL STATION,PATHANAMTHITTA 699 541. 2 THE SECRETARY VALLAMKULAM SERVICE CO-OPERATIVE BANK, VALLAMKULAM P.O,THIRUVALLA 689 541. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -23-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.9660 OF 2017 PETITIONER: K.G.NARAYANA PILLAI AGED 64 YEARS,S/O M.G. GOVINDA PILLAI, KADAMANNIL, KAVIYOOR P.O. THIRUVALLA BY ADVS. SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENTS:
1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT CO-OPEATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM- 695 001 2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL MINI CIVIL STATION,PATHANAMTHITTA- 689 5001 3 KAVIYOOR SERVICE CO-OPERATIVE BANK LTD NO.A 707 KAVIYOOR P.O. THIRUVALLA- 689 582 REP. BY ITS SECRETARY 4 THE BOARD OF DIRECTORS OF KAVIYOOR SERVICE CO- OPERATIVE BANK LTD NO.A 707 REP. BY ITS PRESIDENT KAVIYOOR P.O. THIRUVALLA- 689 582 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -24-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.11442 OF 2017 PETITIONER: GEORGE JOSEPH.K AGED 59 YEARSS/O. JOSEPHKALAPURAYIL HOUSEMUTTUCHIRA.P.O.KOTTAYAM-686613 BY ADV. SMT.I.VINAYAKUMARI RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENTDEPARTMENT OF CO-OPERATIONGOVERNMENT SECRETARIATTHIRUVANANTHAPURAM-695001 2 THE REGISTAR OF CO-OPERATIVE SOCIEITIES OFFICE OF THE CO-OPERATIVE SOCIEITESTHIRUVANANTHAPURAM-695001 3 THE JOINT REGISTRAR OF CO OPERATIVE SOCIEITES GENERAL OFFICE OF THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES(GENERAL), KOTTAYAM-686601 4 THE KAPPUMTHALA SERVICE CO OPERATIVE BANK LTD. NO.K.142, KAPPUMTHALA.P.O.,MUTTUCHIRA, KOTTAYAM-686 613, REPRESENTED BY ITS SECRETARY 5 LIFE INSURANCE CORPORATION OF INDIA KOTTAYAM DIVISIONAL OFFICEP &GS DEPARTMENTJEEVAN PRAKASH, PBNO. 609 NAGAMBADAMKOTTAYAM-686601
6 ADDL.R6.THE MANAGING COMMITTEE OF THE KAPPUMTHALA SERVICE CO-OPERATIVE BANK LTD.NO.K-142, KAPPUMTHALA P.O, MUTTUCHIRA, KOTTAYAM - 686 613, WP(C).No.19441 OF 2011 & con.cases -25- REPRESENTED BY ITS PRESIDENT. ADDL.R6 IMPLEADED AS PER ORDER DATED 20/12/2019 IN I.A.NO.1/2019. R1, R5 BY ADV. SRI.T.S.HARIKUMAR R1 BY ADV. SRI.K.JAGADEESH R1, R4 BY ADV. SRI.P.N.MOHANAN R1 BY ADV. SRI.P.B.SAHASRANAMAN R1 BY ADV. SMT.K.K.SHYJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -26-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.20067 OF 2018 PETITIONERS: 1 VIJAYAN P AGED 59, S/O.PADMANABHAN, SREE SREE VILLA, KURUMANDAL, PARAVOOR, KOLLAM-691301. 2 SIVAPRASAD K. AGED 59, S/O.KESHAVAN, EZHIKKAZHIKAM, KURUMANDAL, PARAVOOR, KOLLAM-691301. 3 SOMARAJAN B.T. AGED 59, S/O.BHASKARAN, EACHARA VILA, KOTTAPPURAM, SOUTH PARAVUR, KOLLAM-691301.
4 MADHUSOODHANAN PILLAI N. AGED 58, S/O.NARAYANA PILLAI, NMP HOUSE, NADAKKAL, ADUTHALA P.O., KOLLAM-691579. 5 CHANDRAN UNNITHAN K. AGED 58, S/O.KRISHNAN UNNITHAN, JAYA BHAVAN, KURUMANDAL, PARAVOOR P.O., KOLLAM-691301. 6 MOHANAN K. AGED 59, S/O.KRISHNAN, GAYATHRI, CGRA 25, CASINO GARDENS, ATINGAL, THIRUVANANTHAPURAM-695101.
7 JAYACHANDRAN PILLAI P. AGED 59, S/O.PARAMU PILLAI, JAYA JYOTHIS, KARAVALOOR, KOLLAM-691333. BY ADVS. SRI.SADCHITH.P.KURUP SRI.C.P.ANIL RAJ WP(C).No.19441 OF 2011 & con.cases -27- RESPONDENT/S:
1 PARAVUR SNV REGIONAL CO-OPERATIVE BANK LTD NO. 1685 PARAVUR P.O., KOLLAM-691301, REPRESENTED BY ITS SECRETARY. 2 THE MANAGING COMMITTEE OF PARAVUR SNV REGIONAL CO- OPERATIVE BANK LTD.NO.1685 PARAVOOR, KOLLAM-691301. 3 MANAMBOOR SERVICE CO-OPERATIVE BANK LTD. NO.2825 MANAMBOOR P.O., THIRUVANANTHAPURAM-695611, REP. BY ITS SECRETARY. 4 THE MANAGING COMMITTEE OF MANAMBOOR SERVICE CO- PERATIVE BANK LTD.NO.2825 MANAMBOOR P.O., THIRUVANANTHAPURAM-695611. 5 PARAVUR REGIONAL SERVICE CO-OPERATIVE BANK LTD. NO.1649 PARAVOOR, KOLLAM-691301, REPRESENTED BY ITS SECRETARY. 6 THE MANAGING COMMITTEE OF PARAVUR REGIONAL SERVICE CO-OPERATIVE BANK LTD. NO.1649 PARAVOOR, KOLLAM-691301. 7 NADAKKAL SERVICE CO-OPERATIVE BANK LTD.NO.1874 KALLUVATHUKKAL P.O., KOLLAM-691578, REPRESENTED BY ITS SECRETARY. 8 THE MANAGING COMMITTE OF NADAKKAL SERVICE CO- OPERATIVE BANK LTD.NO.1874 KALLUVATHUKKAL P.O., KOLLAM-691578. 9 MATHRA SERVICE CO-OPERATIVE BANK LTD.NO.314 MATHRA P.O., PUNALUR, KOLLAM-691315, REPRESENTED BY ITS SECRETARY. 10 THE MANAGING COMMITTEE OF MATHRA SERVICE CO- OPERATIVE BANK LTD.NO.314 MATHRA P.O., PUNALUR, KOLLAM-691315. 11 THE MANAGER, LIFE INSURANCE CORPORATION OF INDIA DIVISIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM, PIN-695004. WP(C).No.19441 OF 2011 & con.cases -28-
R1 BY ADV. SRI.B.SURESH KUMAR R1, R9 BY ADV. SRI.MANOJ RAMASWAMY R1, R8 BY ADV. SRI.P.C.SASIDHARAN R1, R5 BY ADV. SRI.M.R.SASITH R1, R11 BY SRI.S.EASWARAN, SC, LIC R7 BY ADV. P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -29-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.25806 OF 2019(A) PETITIONER:
CHANDRAN UNNITHAN K., AGED 58 YEARS S/O.KRISHNAN UNNITHAN, JAYA BHAVAN KURUMANDAL, PARAVOOR P.O., KOLLAM - 691 301. BY ADVS. SRI.SADCHITH.P.KURUP SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SMT.SINDHU K.S. SRI.C.P.ANIL RAJ RESPONDENTS: 1 PARAVUR REGIONAL SERVICE CO-OPERATIVE BANK LTD., NO.1649, PARAVOOR, KOLLAM - 691 301, REPRESENTED BY ITS SECRETARY. 2 THE MANAGING COMMITTEE OF PARAVUR REGIONAL SERVICE CO-OPERATIVE BANK LTD.NO.1649, PARAVOOR, KOLLAM - 691301. 3 THE MANAGER, LIFE INSURANCE CORPORATION OF INDIA DIVISIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM, PIN - 695 004. R3 BY ADV. SRI.S.EASWARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -30-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.25810 OF 2019(A) PETITIONER: JAYACHANDRAN PILLAI P., AGED 59 YEARS S/O.PARAMU PILLAI JAYA JYOTHIS, KARAVALOOR, KOLLAM - 691 333.
BY ADVS. SRI.SADCHITH.P.KURUP SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SMT.SINDHU K.S. SRI.C.P.ANIL RAJ RESPONDENTS: 1 MATHRA SERVICE CO-OPERATIVE BANK LTD. NO.314, MATHRA P.O., PUNALUR, KOLLAM - 691 315, REPRESENTED BY ITS SECRETARY. 2 THE MANAGING COMMITTE OF MATHRA SERVICE CO -OPERATIVE BANK LTD.NO.314, MATHRA P.O., PUNALUR, KOLLAM - 691 315. 3 THE MANAGER, LIFE INSURANCE CORPORATION OF INDIA DIVISIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM, PIN - 695 004. R3 BY ADV. SRI.S.EASWARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -31-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.25813 OF 2019(B) PETITIONER:
MOHANAN.K AGED 59 YEARS S/O.KRISHNAN, GAYATHRI, CGRA 25, CASINO GARDENS, ATINGAL, THIRUVANANTHAPURAM-695101. BY ADVS. SRI.SADCHITH.P.KURUP SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SMT.SINDHU K.S. SRI.C.P.ANIL RAJ RESPONDENTS: 1 NADAKKAL SERVICE CO-OPERATIVE BANK LTD. NO.1874, KALLUVATHUKKAL PO, KOLLAM-691578, REPRESENTED BY ITS SECRETARY. 2 THE MANAGING COMMITTEE OF NADAKKAL SERVICE CO- OPERATIVE BANK LTD. NO.1874, KALLUVATHUKKAL PO, KOLLAM-691578. 3 THE MANAGER, LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM, PIN-695004. R1 BY ADV. SRI.P.C.SASIDHARAN R3 BY ADV. SRI.S.EASWARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -32-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.25829 OF 2019(C) PETITIONERS: 1 VIJAYAN.P AGED 59 YEARS S/O. PADMANABHAN, SREE SREE VILLA, KURUMANDAL, PARAVOOR, KOLLAM-691301. 2 SIVAPRASAD K, AGED 59 YEARS S/O. KESHAVAN, EZHIKKAZHIKAM, KURUMANDAL, PARAVOOR, KOLLAM-691301.
3 SOMARAJAN B.T AGED 59 YEARS S/O. BHASKARAN, EACHARA VILA, KOTTAPPURAM, SOUTH PARAVUR, KOLLAM-691301. BY ADVS. SRI.SADCHITH.P.KURUP SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SMT.SINDHU K.S. SRI.C.P.ANIL RAJ RESPONDENTS: 1 PARAVUR SNV REGIONAL CO-OPERATIVE BANK LIMITED NO.1685, PARAVUR P O, KOLLAM 691301, REPRESENTED BY ITS SECRETARY. 2 THE MANAGING COMMITTEE OF PARAVUR SNV REGIONAL CO- OPERATIVE BANK LTD NO. 1685. PARAVOOR, KOLLAM-691301. WP(C).No.19441 OF 2011 & con.cases -33- 3 THE MANAGER, LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM-PIN-695004. R1-2 BY ADV. SRI.B.SURESH KUMAR R3 BY ADV. SRI.S.EASWARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -34-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.25873 OF 2019(H) PETITIONER:
MADHUSOODHANAN PILLAI N AGED 58 YEARS S/O. NARAYANA PILLAI, NMP HOUSE, NADAKKAL, ADUTHALA P. O., KOLLAM - 691579 BY ADVS. SRI.SADCHITH.P.KURUP SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SMT.SINDHU K.S. SRI.C.P.ANIL RAJ RESPONDENTS: 1 MANAMBOOR SERVICE CO-OPERATIVE BANK LIMITED NO.2825 MANAMBOOR P.O., THIRUVANANTHAPURAM - 695 611, REP. BY ITS SECRETARY. 2 THE MANAGING COMMITTEE OF MANAMBOOR SERVICE CO- OPERATIVE BANK LTD. NO.2825, MANAMBOOR P.O., THIRUVANANTHAPURAM - 695 3 THE MANAGER LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM, PIN - 695 004. R1-2 BY ADV. SRI.B.SURESH KUMAR R3 BY ADV. SRI.S.EASWARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, ALONG WITH WP(C).19441/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19441 OF 2011 & con.cases -35-
JUDGMENT
[WP(C).19441/2011, WP(C).19988/2009, WP(C).22833/2010, WP(C).27191/2010, WP(C).28376/2010, WP(C).28986/2010, WP(C).29049/2010, WP(C).31422/2010, WP(C).32776/2010, WP(C).3557/2011, WP(C).3715/2011, WP(C).12675/2011, WP(C).13783/2011, WP(C).22975/2011, WP(C).34553/2011, WP(C).35127/2011, WP(C).23664/2013, WP(C).16011/2014, WP(C).14682/2016, WP(C).9660/2017, WP(C).11442/2017, WP(C).20067/2018, WP(C).25806/2019, WP(C).25810/2019, WP(C).25813/2019, WP(C).25829/2019, WP(C).25873/2019]
Dated this the 17th day of December 2020 All these petitions pertain to payment of gratuity. Learned counsel for the parties are ad-idem that the Full Bench judgment of this Court followed by learned Single Bench of this Court is applicable to the controversy in issue. Writ petitions are allowed in terms of the directions contained in the Full Bench judgment of this Court in Chandrasekharan Nair G. & Others v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. & Others (2017 (4) KLT 276). Sd/- AMIT RAWAL vv JUDGE WP(C).No.19441 OF 2011 & con.cases -36- APPENDIX OF WP(C) 19441/2011 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE SALARY CERTIFICATE OF THE 1ST PETITIONER DATED 31.1.2009. EXHIBIT P2 TRUE COPY OF THE SALARY CERTIFICATE OF THE 2ND PETITIONER DATED 30.11.2007.
EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.25/1999 ISSUED BY THE 4TH RESPONDENT REGISTRAR DATED 22.6.1999. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION GIVEN BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 25.5.2011. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION GIVEN BY THE 2ND PETITIONER TO THE 1ST RESPONDENT DATED 25.5.2011. EXHIBIT P6 TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT DATED 2.6.2011. EXHIBIT P7 TRUE COPY OF THE PETITION FILED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT DATED 2.6.2011. RESPONDENT'S/S EXHIBITS: EXHIBIT R2(A) TRUE COPY OF THE MASTER POLICY.
EXHIBIT R2(B) TRUE COPY OF THE COST AND BENEFIT SCHEDULE FOR THE ANNUAL RENEWAL DATED 1.7.2007 IN RESPECT OF THE 2ND PETITIONER, SHOWING THE GRATUITY CEILING OF ₹ 3.5 LAKHS. EXHIBIT R2(C) TRUE COPY OF THE COST AND BENEFIT SCHEDULE OF THE ANNUAL RENEWAL DATED 1.7.2008 IN RESPECT OF THE 1ST PETITIONER, SHOWING THE GRATUITY CEILING OF ₹ 3.5 LAKHS.
WP(C).No.19441 OF 2011 & con.cases -37- APPENDIX OF WP(C) 19988/2009 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF WRITTEN ACKNOWLEDGEMENT GIVEN BY THE 1ST PETITIONER ON RECEIPT OF THE GRATUITY AMOUNT. EXHIBIT P2 TRUE COPY OF WRITTEN ACKNOWLEDGEMENT GIVEN BY THE 2ND PETITIONER ON RECEIPT OF THE GRATUITY AMOUNT. EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 28.03.09 SUBMITTED BY THE PETITIONERS. EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 28.2.08 IN WP(C) NO. 7020/08 WP(C).No.19441 OF 2011 & con.cases -38- APPENDIX OF WP(C) 22833/2010 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 27.3.2010 EXHIBIT P2 TRUE PHOTOCOPY OF THE RESOLUTION DATED 23.04.2010 EXHIBIT P3 TRUE PHOTOCOPY OF THE COVERING LETTER DATED 16.04.2010 EXHIBIT P4 TRUE PHOTOCOPY OF THE CIRCULAR BEARING NO.25/99 EXHIBIT P5 TRUE PHOTOCOPY OF THE JUDGMENT DATED 24.1.2008 IN WPC NO.8598/2007(W) EXHIBIT P5A TRUE PHOTOCOPY OF THE JUDGMENT DATED 30.5.2008 IN WPC 16169/2008 WP(C).No.19441 OF 2011 & con.cases -39- APPENDIX OF WP(C) 27191/2010 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE SALARY CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 03.08.2010. EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.25/1999 ISSUED BY THE 4TH RESPONDENT REGISTRAR DATED 22.06.1999. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT DATED 07.06.2010. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION OF THE 1ST RESPONDENT TO THE PETITIONER, DATED 03.08.2010. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 21.08.2010. EXHIBIT P6 TRUE COPY OF THE MASTER POLICY NO.GGI- 44323, TO AGREEMENT ENTERED BETWEEN THE 1ST AND 2ND RESPONDENTS. EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WP(C)17842 OF 2009 OF THIS HON'BLE COURT DATED 16.07.2009. EXHIBIT P7(A) TRUE COPY OF THE JUDGMENT IN WPC 8697/10 DATED 06.07.2010. RESPONDENT'S/S EXHIBITS: EXHIBIT R1(A) TRUE COPY OF THE INTIMATION FROM THE 2ND RESPONDENT DATED 24.02.2010. EXHIBIT R1(B) TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE 1ST RESPONDENT AND THE YEAR 2009-2010. EXHIBIT R2(A) TRUE COPY OF THE RELEVANT PORTION OF GGPE COST AND BENEFIT SCHEDULE. WP(C).No.19441 OF 2011 & con.cases -40- APPENDIX OF WP(C) 28376/2010 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF LETTER DATED 24.07.2009 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 30.07.2009 ISSUED BY THE PRESIDENT OF THE 1ST RESPONDENT BANK. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 12.1.2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S/S EXHIBITS: EXHIBIT R2(A) TRUE COPY OF EXTRACT OF THE COST AND BENEFIT SCHEDULE FOR THE ANNUAL RENEWAL DATE 30.9.2007 SHOWING THE LIMIT OF ₹ 3.5 LAKHS. EXHIBIT R2(B) TRUE COPY OF THE DISCHARGE RECEIPT SUBMITTED BY THE FIRST RESPONDENT BANK. EXHIBIT R2(C) TRUE COPY OF THE LETTER 30.7.2009 FROM THE
BANK TO THIS RESPONDENT AND SEEKING HIGHER GRATUITY AMOUNT WHEN PREMIUM IN THAT REGARD WILL BE PAID.
WP(C).No.19441 OF 2011 & con.cases -41- APPENDIX OF WP(C) 28986/2010 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE LETTER DATED 10.8.2009 OF THE RESPONDENT. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 3.9.2009 OF THE PETITIONER TO THE RESPONDENT. EXHIBIT P3 TRUE COPY OF THE RESOLUTION DATED 16.10.2009 OF THE RESPONDENT. EXHIBIT P4 TRUE COPY OF THE AWARD DATED 25.2.2010 OF THE ASSISTANT REGISTRAR PERINTALMANNA. EXHIBIT P5 TRUE COPY OF THE RELEVANT PROVISIONS OF THE INSURANCE POLICY ISSUED BY THE LIC OF INDIA. WP(C).No.19441 OF 2011 & con.cases -42- APPENDIX OF WP(C) 29049/2010 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE SALARY CERTIFICATE ISSUED BYTHE 1ST RESPONDENT DATED 09.09.2010. EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.25/1999 ISSUED BY THE 4TH RESPONDENT REGISTRAR DATED 22.06.1999. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT DATED 02.06.2010. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 07.09.2010. EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C)17842 OF 2009 OF THIS HON'BLE COURT DATED 16.07.2009. EXHIBIT P5(a) TRUE COPY OF THE JUDGMENT IN WP(C)8697 OF 2010 DATED 06.07.2010. RESPONDENT'S/S EXHIBITS: EXHIBIT R2(a) COPY OF FULL NEXT OF MASTER POLICY. EXHIBIT R2(b) COPY OF COST AND BENEFIT SCHEDULE OF GGPE POLICY. EXHIBIT R2(c) COPY OF THE DISCHARGE RECEIPT DATED 03.02.2010. WP(C).No.19441 OF 2011 & con.cases -43- APPENDIX OF WP(C) 31422/2010 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 02.09.2010. EXHIBIT P2 TRUE COPY OF THE REPLY DATED 16.09.2010 FURNISHED BY THE SOCIETY TO THE 1ST PETITIONER. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 02.09.2010. EXHIBIT P4 TRUE COPY OF THE REPLY OF THE SOCIETY DATED 16.09.2010. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 02.09.2010. EXHIBIT P6 TRUE COPY OF THE REPLY OF THE SOCIETY DATED 16.09.2010. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER DATED 03.09.2010. EXHIBIT P8 TRUE COPY OF THE REPLY OF THE SOCIETY DATED 16.09.2010. EXHIBIT P9 TRUE COPY OF THE REPLY FURNISHED TO THE REQUEST MADE BY THE 5TH PETITIONER DATED 16.09.2010. EXHIBIT P10 TRUE COPY OF THE CIRCULAR NO.25/99 ISSUED BY THE REGISTRAR. EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 16.07.2009 IN WPC NO.17842/2009. RESPONDENT'S/S EXHIBITS: EXHIBIT R1(A) PHOTOCOPY OF THE TERM OF ASSURANCE EFFECTED BETWEEN THE TOWN CO- OPERATIVE BANK AND LIC OF INDIA. EXHIBIT R1(B) PHOTOCOPY OF THE ENDORSEMENT DATED 27.08.2009. WP(C).No.19441 OF 2011 & con.cases -44- APPENDIX OF WP(C) 32776/2010 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF MASTER POLICY DATED 28.10.1998
IN RESPECT OF VAZHOOR FARMERS' SERVICE COOPERATIVE BANK LTD.NO.2278 ISSUED BY LIFE INSURANCE CORPORATION OF INDIA.
EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 25.1.2010 SUBMITTED BY PETITIONER TO 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 14.05.2010 SUBMITTED BY THE PETITIONER TO 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF LETTER NO.H.118/2010 DATED 1.6.2010 ISSUED BY 2ND RESPONDENT TO PETITIONER. EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 16.08.2010 SUBMITTED BY PETITIONER TO 1ST RESPONDENT. WP(C).No.19441 OF 2011 & con.cases -45- APPENDIX OF WP(C) 3557/2011 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE SALARY CERTIFICATE ISSED BY THE IST RESPONDENT DATED 18.12.2010. EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.25/1999 ISSUED BY THE 4TH RESPONDENT REGISTRAR DATED 22.6.1999. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE BOARD OF THE IST RESPONDENT BANK DATED 20.12.2010. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT DATED 5.1.2011. EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC 17842 OF 2009 OF THIS HON'BLE COURT DATED 16.7.2009. EXHIBIT P5(A) TRUE COPY OF THE JUDGMENT IN WPC 8697 OF 2010 DATED 6.7.2010. WP(C).No.19441 OF 2011 & con.cases -46- APPENDIX OF WP(C) 3715/2011 PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE PHOTOCOPY OF THE SCHEDULE TO THE L.I.C MASTER POLICY UNDER THE ABOVE SCHEME. EXHIBIT P2 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 07.10.2010. EXHIBIT P3 A TRUE PHOTOCOPY OF THE LETTER DATED 14.10.2010. EXHIBIT P4 A PHOTOCOPY OF THE REPRESENTATION DATED 09.12.2010. EXHIBIT P5 A TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) NO.16169/08 EXHIBIT P6 A TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) NO.37668/09. RESPONDENT'S/S EXHIBITS: EXHIBIT R4(A) TRUE PHOTOSTAT COPY OF THE FULL TEST OF MASTER POLICY. EXHIBIT R4(B) TRUE PHOTOSTAT COPY OF THE LETTER DATED 7.7.09 ISSUED BY THE LIFE INSURANCE CORPORATION OF INDIA. EXHIBIT R4(C) THE RELEVANT PORTION OF GGPE COST AND BENEFIT SCHEDULE. EXHIBIT R4(D) TRUE PHOTOSTAT COPY OF THE LETTER DATED 25.5.10. EXHIBIT R4(E) TRUE PHOTOSTAT COPY OF THE DISCHARGE RECEIPT DATED 7.6.10 ISSUED BY THE 3RD RESPONDENT - BANK. EXHIBIT R4(F) TRUE PHOTOSTAT COPY OF THE LETTER DATED 16.3.11 QUOTING RESOLUTION NO.10 PASSED BY THE 3RD RESPONDENT-BANK. WP(C).No.19441 OF 2011 & con.cases -47- APPENDIX OF WP(C) 12675/2011 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE IN RESPECT TO THE HUSBAND OF THE THIRD PETITIONER DATED 29.1.2010. EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE IN RESPECT TO THE HUSBAND OF THE FOURTH PETITIONER DATED 3.7.2008. EXHIBIT P3 TRUE COPY OF THE COMMUNICATION IN RESPECT TO THE ISSUE OF ONE SUCH POLICY DATED 22.4.2009 EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C)NO.25793/2009 ON THE FILE OF THIS HONOURABLE COURT DATED 10.8.2010. EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.8598/2007 ON THE FILE OF THIS HONOURABLE COURT DATED 24.1.2008 EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.16169/2008 ON THE FILE OF THIS HONOURABLE COURT DATED 30.5.2008 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE FIRST PETITIONER TO THE SECOND RESPONDENT DATED 8.4.2010 EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE SECOND PETITIONER TO THE SECOND RESPONDENT DATED 30.9.2009 EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE THIRD PETITIONER TO THE SECOND RESPONDENT DATED 5.6.2009 EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE FOURTH PETITIONER TO THE SECOND RESPONDENT DATED 24.6.2009 EXHIBIT P11 TRUE COPY OF THE CIRCULAR NO.25/1999 DATED 22.6.1999. WP(C).No.19441 OF 2011 & con.cases -48- RESPONDENT'S/S EXHIBITS: EXHIBIT R2 (a) TRUE COPY OF THE MASTER POLICY NO.3987 DATED 12-06-1975 EXHIBIT R2(a)-TRUE COPY OF THE ENDORSEMENT DATED 16.12.2009. EXHIBIT R2 (b) TRUE COPY OF THE CLAIM FORM SUBMITTED BY
THE 2ND RESPONDENT BEFORE THE 3RD RESPONDENT FOR CLAIMING BENEFITS OF THE GROUP INSURANCE POLICY OF THE 1ST PETITIONER AND DATED 8.1.2010 EXHIBIT R2 (c) TRUE COPY OF THE CLAIM FORM SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 3RD RESPONDENT FOR CLAIMING BENEFITS OF THE GROUP INSURANCE POLICY OF THE 2ND PETITIONER AND DATED 13.08.2009 EXHIBIT R2 (d) TRUE COPY OF THE CLAIM FORM SUBMITTED BY
THE 2ND RESPONDENT BEFORE THE 3RD RESPONDENT FOR CLAIMING BENEFITS OF THE GROUP INSURANCE POLICY OF THE 3RD PETITIONER'S HUSBAND AND DATED 15.6.2009 EXHIBIT R2 (e) TRUE COPY OF THE CLAIM FORM SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 3RD RESPONDENT FOR CLAIMING BENEFITS OF THE GROUP INSURANCE POLICY OF THE 4TH PETITIONER'S HUSBAND AND DATED 11.8.2008
EXHIBIT R2 (f) TRUE COPY OF THE COVERING LETTER ANNEXED TO THE CHEQUE ISSUED BY THE THIRD RESPONDENT FOR DISBURSEMENT OF THE CLAIM AMOUNT IN FAVOUR OF THE 1ST PETITIONER AND DATED 15.1.2010 EXHIBIT R2 (g) TRUE COPY OF THE COVERING LETTER ANNEXED TO THE CHEQUE ISSUED BY THE THIRD RESPONDENT FOR DISBURSEMENT OF THE CLAIM AMOUNT IN FAVOUR OF THE 2ND PETITIONER AND DATED 25.8.2009 EXHIBIT R2 (h) TRUE COPY OF THE COVERING LETTER ANNEXED TO
THE CHEQUE ISSUED BY THE THIRD RESPONDENT FOR DISBURSEMENT OF THE CLAIM AMOUNT IN FAVOUR OF THE 3RD PETITIONER'S HUSBAND AND DATED 24.06.2009 WP(C).No.19441 OF 2011 & con.cases -49- EXHIBIT R2 (i) TRUE COPY OF THE COVERING LETTER ANNEXED TO THE CHEQUE ISSUED BY THE THIRD RESPONDENT FOR DISBURSEMENT OF THE CLAIM AMOUNT IN FAVOUR OF THE 4TH PETITIONER'S HUSBAND AND DATED 14.08.2008
EXHIBIT R2 (j) TRUE COPY OF THE MISCELLANEOUS VOUCHER CONCERNING CREDITING OF THE AMOUNT TO THE RESPECTIVE ACCOUNT OF THE 1ST PETITIONER AND DATED 25.01.2010 EXHIBIT R2 (k) TRUE COPY OF THE MISCELLANEOUS VOUCHER CONCERNING CREDITING OF THE AMOUNT TO THE RESPECTIVE ACCOUNT OF THE 2ND PETITIONER AND DATED 31.8.2009 EXHIBIT R2 (l) TRUE COPY OF THE MISCELLANEOUS VOUCHER CONCERNING CREDITING OF THE AMOUNT TO THE RESPECTIVE ACCOUNT OF THE 3RD PETITIONER'S HUSBAND AND DATED 30.6.2009 EXHIBIT R2 (m) TRUE COPY OF THE MISCELLANEOUS VOUCHER CONCERNING CREDITING OF THE AMOUNT TO THE RESPECTIVE ACCOUNT OF THE 4TH PETITIONER'S HUSBAND AND DATED 09.09.2008
WP(C).No.19441 OF 2011 & con.cases -50- APPENDIX OF WP(C) 13783/2011 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE JUDGMENT REPORTED IN 2005(3) KLT 320. EXHIBIT P2 TRUE COPY OF THE PAYMENT OF GRATUITY (AMENDMENT) BILL 2010 DATED 08.04.2010. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 02.02.2011. RESPONDENT'S/S EXHIBITS: EXHIBIT R1(a) TRUE COPY OF COMMUNICATION, DATED 04.11.2008 ISSUED BY LIC. WP(C).No.19441 OF 2011 & con.cases -51- APPENDIX OF WP(C) 22975/2011 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 29-11-2003 IN OP NO. 4588 OF 2000 EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 9TH APRIL 2004 IN W.A NO. 1206/2004 BY THIS HON'BLE COURT EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 14- 05-2008 EXHIBIT P4 TRUE COPY OF THE PROVISIONAL STATEMENT OF MONETARY BENEFITS DUE TO THE PETITIONER FROM THE 2ND RESPONDENT BEFORE THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE LETTER NO. P AND G/2008- 2009 DATED 23-07-2008 ISSUED BY THE 3RD RESPONDENT EXHIBIT P5A TRUE COPY OF THE JUDGMENT REPORTED IN 2005(3) KLT 360 EXHIBIT P6 TRUE COPY OF THE LETTER NO. P AND G/GRATUITY/2009-2010 DATED 11-05-2009 ISSUED BY THE GENERAL MANAGER. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 15- 05-2009 BEFORE THE 3RD RESPONDENT EXHIBIT P8 TRUE COPY OF THE REPLY TO EXT.P7 BY THE 3RD RESPONDENT IN LETTER NO. PAW G(GRATUITY/2009-10 DATED 9-6-2009 EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 17- 06-2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. WP(C).No.19441 OF 2011 & con.cases -52- APPENDIX OF WP(C) 34553/2011 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE COMMUNICATION GIVEN BY THE 1ST RESPONDENT TO SRI.GANGADHARAN NAIR EXHIBIT P1A TRUE COPY OF THE RESOLUTION OF THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN ARC 1218/2008 EXHIBIT P3 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THE CO- OPERATIVE TRIBUNAL IN AP 50/2009 EXHIBIT P5 TRUE COPY OF THE ORDER OF THE CO-OPERATIVE TRIBUNAL IN RP 3/2011 RESPONDENT'S/S EXHIBITS: EXHIBIT R1 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.25391/2010 DATED 26.07.2011 OF THIS HON'BLE COURT. EXHIBIT R1 (a) TRUE COPY OF THE SANCTION ORDER DATED 6.1.2006 ISSUED BY THE PETITIONER. EXHIBIT R2 NIL EXHIBIT R3 NIL EXHIBIT R3(a) COPY OF THE LETTER DATED 5.1.2008. EXHIBIT R3(b) COPY OF THE DISCHARGE RECEIPT DATED 12.1.2008. EXHIBIT R3(c) COPY OF THE INTIMATION ISSUED BY THE SOCIETY. EXHIBIT R3(d) COPY OF THE LETTER DATED 7.2.1996. EXHIBIT R3(e) TRUE COPY OF THE RELEVANT EXTRACT OF THE COST AND BENEFIT SCHEDULE WP(C).No.19441 OF 2011 & con.cases -53- APPENDIX OF WP(C) 35127/2011 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE SALARY CERTIFICATE OF THE 1ST PETITIONER ISSUED BY THE 1ST RESPONDENT DATED 11.01.2011. EXHIBIT P2 TRUE COPY OF THE SALARY CERTIFICATE OF THE 2ND PETITIONER ISSUED BY THE 1ST RESPONDENT DATED 16.6.2011. EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.25/1999 ISSUED BY THE 4TH RESPONDENT REGISTRAR DATED 22.06.1999. EXHIBIT P4 TRUE COPY OF REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 15.03.2011. EXHIBIT P5 TRUE COPY OF REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 08.12.2010. EXHIBIT P6 TRUE COPY OF LETTER ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER DATED 10..06.2011. EXHIBIT P7 TRUE COPY OF LETTER ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER DATED 17.06.2011. EXHIBIT P8 TRUE COPY OF REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT DATED 13.06.2011. EXHIBIT P9 TRUE COPY OF REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT DATED 17.16.2011. RESPONDENT'S/S EXHIBITS: EXHIBIT 2(A) TRUE PHOTOSTAT COPY OF THE MASTER POLICY. EXHIBIT R2(B) TRUE PHOTOSTAT COPY OF THE COST AND BENEFIT SCHEDULE. WP(C).No.19441 OF 2011 & con.cases -54- EXHIBIT R2(C) TRUE PHOTOSTAT COPY OF THE DISCHARGE RECEIPT DATED 21.11.09. EXHIBIT R2(D) TRUE PHOTOSTAT COPY OF THE CHEQUE ENCLOSING LETTER DATED 27.3.10. WP(C).No.19441 OF 2011 & con.cases -55- APPENDIX OF WP(C) 23664/2013 PETITIONER'S/S EXHIBITS: EXHIBIT P1 EXHIBIT-P1: A TRUE PHOTOCOPY OF THE
JUDGMENT IN W.P.(C) NO.37533/2009 AND
CONNECTED CASES DATED 18/03/2010 OF THIS COURT. EXHIBIT P2 EXHIBIT-P2: A TRUE COPY OF THE COMMUNICATION DATED 08/08/2011 ISSUED BY THE 2ND RESPONDENT BANK TO THE PETITIONER. EXHIBIT P3 EXHIBIT-P3: A TRUE COPY OF THE JUDGMENT IN CCC NO.239/2012 DATED 28/06/2013 OF THIS COURT. RESPONDENT'S/S EXHIBITS: EXHIBIT R3(A) TRUE COPY OF THE MASTER POLICY NO.45610. EXHIBIT R3(B) COPY OF THE RELEVANT EXTRACT OF COST AND BENEFIT SCHEDULE. WP(C).No.19441 OF 2011 & con.cases -56- APPENDIX OF WP(C) 16011/2014 PETITIONER'S/S EXHIBITS: EXHIBIT P1 EXT.P-1: TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 1.8.2006 EXHIBIT P2 EXT.P-2: TRUE COPY OF COMMON JUDGEMENT IN WPC 8598/2007 & 7802/2007 DATED 24.1.2008 EXHIBIT P3 EXT.P-3: TRUE COPY OF JUDGEMENT IN WPC EXHIBIT P4 EXT.P-4: TRUE COPY OF COMMUNICATION BY ASST.REGISTRAR DATED 12.9.11 EXHIBIT P5 EXT.P-5: TRUE COPY OF REPLY DATED 22.9.11 EXHIBIT P6 EXT.P-6: TRUE COPY OF THE LETTER OF IST RESPONDENT DATED 26.7.2013 EXHIBIT P7 EXT.P-7: TRUE COPY OF THE REPLY DATED 20.9.13 EXHIBIT P8 EXT.P-8: TRUE COPY OF LETTER OF 3RD RESPONDENT DATED 21.9.13 WITH ENDORSEMENT DATED 26.9.13 EXHIBIT P9 EXT.P-9: TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 10.1.2014 EXHIBIT P10 EXT.P-10: TRUE COPY OF REMINDER DATED 20.2.2014 WP(C).No.19441 OF 2011 & con.cases -57- APPENDIX OF WP(C) 14682/2016 PETITIONER'S/S EXHIBITS: EXHIBIT P1. COPY OF THE COMMUNICATION SENT FROM THE LIC TO THE 2ND RESPONDENT. EXHIBIT P2. COPY OF THE PETITION DATED 12.1.16 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. WP(C).No.19441 OF 2011 & con.cases -58- APPENDIX OF WP(C) 9660/2017 PETITIONER'S/S EXHIBITS: EXHIBITP1 TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES BOOK OF THE BANK EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 07- 05-2014 EXHIBITP3 TRUE COPY OF THE REPRESENTATION DATED 16- 06-2014 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 10-01-2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE LETTER DATED 23-02-2017 ISSUED BY THE 3RD RESPONDENT WP(C).No.19441 OF 2011 & con.cases -59- APPENDIX OF WP(C) 11442/2017 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PETITION DATED 11.11.2015 BEFORE THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE LETTER DATED 11.12.2015 ISSUED BY 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 7.1.2016 BEFORE THE EXECUTIVE COMMITTEE EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 15.1.2016 BEFORE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE PETITION DATED 9.3.2016 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CO OPERATIVE OMBUDSMAN EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 29.3.2016 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 15.7.2016 BEFORE THE 4TH RESPONDENT EXHIBIT P8 TRUE COPY OF THE LETTER DATED 18.10.2016 ISSUED BY THE 4TH RESPONDENT EXHIBIT P9 TRUE COPY OF THE LETTER DATED 5.11.2016 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT EXHIBIT P10 TRUE COPY OF THE LETTER DATED 28.11.2016 ISSUED BY THE 4TH RESPONDENT EXHIBIT P11 TRUE COPY OF THE CLAIM FORM FOR GROUP GRATUITY CASH ACCUMULATION SCHEME OBTAINED UNDER RIGHT TO INFORMATION ACT EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 3.12.2016 EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 11.6.2012 IN WPC NO.34260/2011(F) PASSED BY THIS HON'BLE COURT WP(C).No.19441 OF 2011 & con.cases -60- EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 3.12.2012 IN WPC NO.18475/2010(H) PASSED BY THIS HON'BLE COURT EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 30.11.2015 IN WP (C)29960/2015(T) PASSED BY THIS HON'BLE COURT EXHIBIT P16 A TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 29.01.2018 EXHIBIT P17 A TRUE COPY OF A LETTER NO.93 DATED 16.01.2017 GIVEN TO THE PETITIONER BY THE 4TH RESPONDENT SECRETARY OF THE BANK. EXHIBIT P18 A TRUE COPY OF A LAST REUEST LETTER DATED
21.01.2017 MADE BY THE PETITIONER BEFORE THE 6TH ADDITIONAL RESPONDENT IN ORDER TO GET HIS BALANCE OF GRATUITY WITH ITS INTERST AND ALSO TO GET INTEREST TOWARDS TOTAL AMOUNT OF GRATUITY FOR ITS DELAYED PAYMENT (IE 14 MONTHS 4 DAYS)
EXHIBIT P19 A TRUE COPY OF A DIVISION BENCH JUDGMENT
REPORTED IN 2013(2) KLT SN.24 OF THE THIS HONOURBALE COURT TOWARDS THE GRATUTITY AS LONG AS IT REMAINS WITH THE EMPLOYER ARE NOT LIABLE TO BE ATTACHED. EXHIBIT P20 A TRUE COPY OF AJUDGMENT OF THIS HONOURABLE COURT REPORTED IN 2014(4), KHC,181 TOWARDS GRATUTITY AND PENSIONS ARE PAYMENTS DUE TO AN EMPLOYEE, AS OF RIGHT, AND IS IN THE NATURE OF PROPERTY.
RESPONDENT'S/S EXHIBITS: EXHIBIT R4 (A) A TRUE COPY OF THE CLAIM IN THE CASE OF PETITIONER. EXHIBIT R4 (B) A TRUE COPY OF THE DETAILS OF THE REMITTANCE MADE BY THE BANK ALONG WITH RECEIPT ISSUED BY THE LIC. EXHIBIT R5 (A) TRUE COPY OF THE MASTER POLICY. EXHIBIT R5 (B) TRUE COPY OF THE RELEVANT PORTION OF THE WP(C).No.19441 OF 2011 & con.cases -61- COST AND BENEFIT SCHEDULE FOR THE ANNUAL RENEWAL DATED 28.12.2014 IN RESPECT OF THE PETITIONER. WP(C).No.19441 OF 2011 & con.cases -62- APPENDIX OF WP(C) 20067/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF LETTER DATED 9-6-2018 ISSUED BY FIRST RESPONDENT TO FIRST PETITIONER. EXHIBIT P2 COPY OF LETTER DATED 9-6-2018 ISSUED BY 1ST RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P3 COPY OF LETTER DATED 9-6-2018 ISSUED BY 1ST RESPONDENT TO THE 3RD PETITIONER. EXHIBIT P4 COPY OF MINUTES OF MEETING DATED 4-4-2018 ISSUED BY 5TH RESPONDENT TO THE 5TH PETITIONER. EXHIBIT P5 COPY OF LETTER DATED 23-5-2018 ISSUED BY 9TH RESPONDENT TO THE 7TH PETITIONER. WP(C).No.19441 OF 2011 & con.cases -63- APPENDIX OF WP(C) 25806/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF LETTER DATED 4/4/2018 ISSUED BY FIRST RESPONDENT TO PETITIONER. WP(C).No.19441 OF 2011 & con.cases -64- APPENDIX OF WP(C) 25810/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF LETTER DATED 23/5/2018 ISSUED BY FIRST RESPONDENT TO PETITIONER. WP(C).No.19441 OF 2011 & con.cases -65- APPENDIX OF WP(C) 25813/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF COUNTER AFFIDAVIT DATED 10.7.2018 FILED BY FIRST RESPONDENT. RESPONDENT'S/S EXHIBITS: EXHIBIT R7(A) TRUE COPY OF THE MATURITY SCHEME UNDER THE MASTER POLICY CREDITING RS.10 LAKHS TOWARDS THE GRATUITY ACCOUNT OF THE PETITIONER. EXHIBIT R7(B) TRUE COPY OF THE DISCHARGE RECEIPT ISSUED BY THE L.I.C WP(C).No.19441 OF 2011 & con.cases -66- APPENDIX OF WP(C) 25829/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF LETTER DATED 09.06.2018 ISSUED BY FIRST RESPONDENT TO FIRST PETITIONER. EXHIBIT P2 COPY OF LETTER DATED 09.05.2018 ISSUED BY 1ST RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P3 COPY OF LETTER DATED 09.06.2018 ISSUED BY 1ST RESPONDENT TO THE 3RD PETITIONER. WP(C).No.19441 OF 2011 & con.cases -67- APPENDIX OF WP(C) 25873/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF COUNTER AFFIDAVIT DATED 29.03.2018 FILED BY 1ST RESPONDENT