LAWS(KER)-2015-11-157

KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. Vs. JOINT REGISTRAR OF CO-OP. SOCIETIES AND ORS.

Decided On November 26, 2015
Kerala State Co -Operative Agricultural And Rural Development Bank Ltd. Appellant
V/S
Joint Registrar Of Co -Op. Societies And Ors. Respondents

JUDGEMENT

(1.) The petitioner is the Apex Co-operative Agricultural and Rural Development Bank having its Head Office at Thiruvananthapuram, with branches across the State. In its Regional Office at Kasaragode, the second respondent's wife, Smt.Syamala worked from 16.06.1995 to 18.11.2005 as a Sweeper on daily wage basis. Later, having been afflicted with cancer, she could not continue in service. She died on 15.03.2007.

(2.) In the course of time, the second respondent, being the husband and legal representative, filed A.R.C. No.84/2008 before the Registrar of Co-operative Societies, the first respondent, claiming that his wife, the erstwhile employee of the petitioner Bank, was entitled to regularisation of service in terms of Exhibit P1 Government Order and consequentially, for the arrears of salary and other service benefits. Then, the first respondent passed Exhibit P2 order dated 31.03.2010 directing regularisation of the second respondent's wife and also the payment of consequential benefits to the second respondent.

(3.) Soon after his obtaining Exhibit P2 order, the second respondent filed Exhibit P3 execution petition, which was not initially numbered, it seems, on the grounds that no proper court fee was paid. At that juncture, the second respondent approached this Court and invited Exhibit P4 judgment, in compliance with which the executing authority numbered the application and took up the matter.