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2015 Supreme(Ker) 1266

DAMA SESHADRI NAIDU
Kerala State Co-Operative Agricultural and Rural Development Bank Ltd. – Appellant
Versus
Joint Registrar of Co-op. Societies – Respondent


Advocates:
Advocate Appeared:
For the Appellant : George Poonthottam
For the Respondents: T.K. Vipindas, P.K. Priya, K.V. Sree Vinayakan, K.M. Muhammed Hussain and G. Gopakumar, GP

JUDGMENT :

Dama Seshadri Naidu, J.

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. 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 PI 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.

2. Soon after his obtaining Exhibit P2 order, the second respondent filed Exhibit P3 execution petition, which was not initially numbered, it s


































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