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2017 Supreme(Ker) 1252

SHAJI P.CHALY
KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD. , THIRUVANANTHAPURAM – Appellant
Versus
CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM – Respondent


Advocates Appeared:
FOR THE PETITIONER: T.A. SHAJI, ATHUL SHAJI
FOR THE RESPONDENTS: BIMAL K. NATH, KISHOR B.

JUDGMENT :

This writ petition is filed by the petitioner bank seeking to quash Ext.P6 order passed by the 2nd respondent and Ext.P7 judgment of the 1st respondent Tribunal, which affirmed Ext.P6 order passed by the 2nd respondent, whereby petitioner bank was directed to pay the retiral benefits to the 3rd respondent along with cost and interest.

2. Material facts for the disposal of the writ petition are as follows; Third respondent was the employee of the petitioner bank on and w.e.f. 24.7.1978 in the clerical cadre in a temporary vacancy on a consolidated pay of Rs.300/- per month. He was made permanent w.e.f. 24.7.1979 by granting a regular scale of pay. While working so, on 24.12.2002, one person viz., M.H. Ismath opened a savings account with the main branch of the bank. According to the petitioner bank, account was permitted to be opened without verifying the authenticity or identity documents produced by M.H. Ismath or without any prior introduction, for which one K.P. Lilly and P. Indira Devi were held liable. Later the bank found that, 3rd respondent was allegedly involved in some negligent transactions or colluded with the aforesaid two persons, passed mail transfers and an




















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