LAWS(KER)-2015-4-32

ALL KERALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK EMPLOYEES ASSOCIATION Vs. THE DEPUTY REGISTRAR (ADMINISTRATION) AND ORS.

Decided On April 10, 2015
All Kerala Co -Operative Agricultural And Rural Development Bank Employees Association Appellant
V/S
The Deputy Registrar (Administration) And Ors. Respondents

JUDGEMENT

(1.) The decision dated 3.7.2013 taken in a meeting presided over by the Minister for Corporation authorizing two officials of the co-operative department to assess the assets and liabilities of the Thrissur Primary Co-operative Agricultural and Rural Development Bank Ltd. No. 329 (for short, Thrissur PCARDB), Thalappilly Primary Co-operative Agricultural and Rural Development Bank Ltd. No. R 1354 (for short, Thalappilly PCARDB) and Chavakkad Primary Cooperative Agricultural and Rural Development Bank Ltd. No. R 1355 (for short, Chavakkad PCARDB), which were formed after bifurcation of Cochin Co-operative Agricultural and Rural Development Bank as well as the consequential order dated 27.7.2013 issued by the Registrar of Co-operative Societies Act are under challenge in these writ petitions.

(2.) The petitioner in W.P.(C) No. 6687/2014 is the Thrissur taluk committee of the all Kerala Co-operative Agricultural and Rural Development Bank Employees Association. The petitioners in W.P. (C) No. 13298/2014 are the members of the erstwhile Cochin Cooperative Land Mortgage Bank Ltd. No. 329. The petitioners' case in nut shell is as follows.

(3.) After the enactment of Kerala Co-operative Societies Act, 1969 (for short, the KCS Act), the Cochin Co-operative Agricultural and Rural Development Bank became the Primary Co-operative Agricultural and Rural Development Bank (for short, the PCARD bank). The area of operation of the said bank comprised of Thrissur, Thalappilly and Chavakkad taluks. The definition of PCARD Bank in Section 2(oc) was amended by Ordinance 45 of 2011 followed by Act 13 of 2012. In view of the amendment, all PCARD Banks having more than one taluk as its area of operation had to be bifurcated.