KURIAKOSE.K.V Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, a retired employee of the Kottayam District Co-operative Bank, had earlier approached this Court with the grievance that his earned leave and gratuity amount of Rs.9,58,874/- was not paid. It was also alleged that the petitioner had been forced to pay an amount of Rs.2,05,683/-. The prayer in the earlier writ petition was for the first mentioned amount to be disbursed and the second mentioned amount to be refunded to the petitioner at the earliest. This Court by its judgment dated 03.04.2019 in W.P.(C). No.3567/2018, directed the 3rd respondent bank to pay the amount of Rs.9,58,874/- with eligible interest within a period of one month from the date of receipt of a copy of the judgment. The petitioner was granted liberty to pursue his remedies as regards the amount of Rs.2,05,683/-, either by invoking provisions of Section 69 of the Kerala Co- operative Societies Act or through such other method as may legally be available to him.

(2.) Learned counsel for the petitioner submits that, pending this writ petition, petitioner has filed Arbitration Case No.3/2020 before the Joint Registrar, Kottayam, seeking refund of the amount of Rs.2,05,683/-. It is submitted that, in the Arbitration Case, petitioner has also raised the contention that though the amount of Rs.9,58,874/- was disbursed, he was not paid the eligible interest as directed by this Court in Ext.P3 judgment and that interest was paid only at the rate of 4%. The petitioner having availed remedy under Section 69 of the Kerala Co-operative Societies Act in accordance with the directions in Ext.P3 judgment, it is only appropriate that the Joint Registrar, Kottayam, the 3rd respondent herein, before whom the Arbitration case is pending, considers the matter and takes a decision expeditiously, especially in view of the fact that the petitioner retired from service on 31.03.2017.

(3.) In the circumstances, the writ petition is disposed of directing the 3rd respondent to take up ARC No.3/2020 pending before the said authority and to take a decision thereon, with notice to the District Co-operative bank, Kottayam, within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly.