M. N. Ammukutty Amma, W/o Girijan Menon v. Travancore Rayons Employees Credit Co-operative Societies Ltd
2025-03-12
HARISANKAR V.MENON
body2025
DigiLaw.ai
JUDGMENT : These two connected writ petitions pertain to the affairs of one Travancore Rayons Employees Credit Co-operative Society Limited – the 1 st respondent in W.P.(C) No.5414 of 2019. 2. The petitioners in W.P.(C) No.5414 of 2019 are stated to be the former employees of the 1 st respondent Society. They have filed the captioned writ petition, essentially contending that the 1 st respondent Society is, in fact, an employee’s society with respect to the employees of the 2 nd respondent company, which subsequently went under liquidation, and substantial amounts towards salary, etc. are payable by the 1 st respondent Society to the petitioners herein. The petitioners point out that the afore amounts are not being paid by the 1 st respondent Society, mainly on account of the dearth of funds with them, and the petitioners have made enquiries and have come to know that substantial amounts are to be paid to the 1 st respondent Society by the Official Liquidator. They have also pointed out that the 1 st respondent Society has a fixed deposit with the erstwhile Ernakulam District Co-operative Bank – now the Kerala Bank – the petitioner in W.P.(C) No.41810 of 2017. 3. It is in such circumstances that W.P.(C) No.5414 of 2019 is filed by the petitioners, seeking appropriate directions to the respondents to disburse the eligible salary, etc. 4. W.P.(C) No.41810 of 2017 is filed by the erstwhile Ernakulam District Co-operative Bank, pointing out to the fixed deposit made by the Society referred to above and seeking appropriate directions for appropriating the said fixed deposit towards the liability payable by the Society. 5. I have heard Sri.Arun Krishna Dhan, the learned counsel for the petitioners in W.P.(C) No.5414 of 2019, Sri.N.Raghuraj, the learned Senior Counsel for the petitioner in W.P.(C) No.41810 of 2017, Smt.I.Sheela Devi, the learned counsel representing the Co-operative Society referred to above and Sri.K.Moni, the learned Standing Counsel for the Official Liquidator. 6. Smt.Sheela Devi, would fairly point out that, as regards the amounts payable to the petitioner in W.P.(C) No.41810 of 2017 by the respondent Society, the Society has no grievance in the fixed deposit lying in the Bank being appropriated by them.
6. Smt.Sheela Devi, would fairly point out that, as regards the amounts payable to the petitioner in W.P.(C) No.41810 of 2017 by the respondent Society, the Society has no grievance in the fixed deposit lying in the Bank being appropriated by them. It is already noticed by this Court in the order dated 06.03.2025 that an amount of Rs.1.63 crores was deposited by the Society with the Kerala Bank, and the maturity value of the said amount as on date would be to the extent of approximately Rs.2.06 crores. In the light of the afore, I permit the petitioner in W.P.(C) No.41810 of 2017 to adjust the maturity value of the fixed deposit to the amount payable by the Society under the One-Time-Settlement (OTS) scheme offered by the Bank, as per which the liability can be settled on making a payment of Rs.3,43,82,000/- 7. After adjusting the amount of Rs.2.06 crores as above, the Society has to make a further payment of Rs.1,37,82,000/- to the Bank so as to meet the requirement for the eligibility under OTS. 8. In this connection, Smt.Sheela Devi, invites the attention of this Court to Ext.P6 produced along with I.A.No.1 of 2025 in W.P.(C) No.5414 of 2019 to point out that the Official Liquidator has already admitted the eligibility of the Society for an amount of Rs.2,21,24,740/- being the part of a claim made by the Society with the Official Liquidator. I have perused Ext.P6 and noticed that the afore amount has been accepted as payable by the Official Liquidator to the Society. Hence, there will be a direction to the Official Liquidator to transfer an amount of Rs.1,37,82,000/- forthwith to the account of the Society with the petitioner in W.P.(C) No.41810 of 2017. The Official Liquidator to specifically notice that the benefit of the OTS would be lost to the Society, if the payment is not received prior to 15.03.2025. In such circumstances, the Official Liquidator to rush through the proceedings and make the transfer immediately. 9. As regards the claim of the petitioners in W.P.(C) No.5414 of 2019, Smt.Sheela Devi, invites the attention of this Court to I.A.No.3 of 2025, pointing out that excepting for the 4 th writ petitioner in the afore writ petition, the Society has no grievance as regards the claims made by the other petitioners, and payments can be effected by the Society immediately.
As regards the claim of the 4 th writ petitioner, she points out that the 4 th writ petitioner would be heard and the actual liability would be settled within a period of two weeks from today. In such circumstances, W.P.(C) No.5414 of 2019 is disposed of, by directing the petitioners therein to approach the 1 st respondent, within a period of one week, pointing out their individual claims, and the 1 st respondent to consider the same and make payments against the respective claims within a further period of three weeks thereafter. So as to enable the 1 st respondent to transfer the amounts as against the claims of the petitioners, the Official Liquidator is further directed to transfer the amount sought for by the Society, subject to the maximum of Rs.47,80,755/-, within seven days of receipt of request from the Society. In the light of the disposal of W.P.(C) No.5414 of 2019, the prayers in W.P.(C) No.41810 of 2017 have virtually become infructuous, and the same would stand closed. Needless to say that, if there is any subsisting grievance after the settlement of the eligibility of the petitioners in W.P.(C) No.5414 of 2019, they would be free to institute appropriate legal proceedings.