G.DAMODARAN Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) THE petitioner was a store keeper in the Reserve Bank of India. He also became a member of the impleaded second respondent-The Reserve Bank Employees Cooperative Credit Stores. The petitioner borrowed certain amounts from the second respondent Society. Since he has defaulted in payment, arbitration proceedings were initiated against him in A.R.C.No.12/95-96.

(2.) THE Arbitrator conduced an ex-parte proceedings and by an award dated 7.5.1996, computed a sum of Rs.37,638.95 and deductions were started from the petitioner's salary from the year 1998 till 2002. At that time, the petitioner did not question the arbitration award before the appellate Tribunal constituted under Section 152 of the Tamil Nadu Co-operative Societies Act.

(3.) IN the said writ petition, this Court held that the gratuity is not liable for attachment in terms of Section 60(1)(g) of C.P.C.read with Sections 13 and 14 of the Payment of the Gratuity Act, 1972 and therefore, the Court held that the E.P. proceedings attaching the gratuity, is invalid and the writ petition was allowed.