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ANIL K. NARENDRAN, P. G. AJITHKUMAR
Erala State Cooperative Bank Ltd. , Represented By Its Managing Director – Appellant
Versus
Mathew C. C. , Son of Chinnappan – Respondent
JUDGMENT :
(P.G. Ajithkumar, J.) :
The judgment dated 22.11.2022 in W.P.(C) No.32957 of 2022 is under challenge. Ext.P4 order of attachment was sought to be quashed. The further relief claimed was a direction to disburse Rs.6,69,450/-, which was held under attachment as per Ext.P4. The learned Single Judge allowed the writ petition. Respondents No. 1 and 2 in the writ petition assail the said judgment in this appeal filed under Section 5(i) of the Kerala High Court Act, 1958.
2. Heard the learned counsel for the appellants, the learned counsel for the 1st respondent and the learned Senior Government Pleader.
3. The 1st respondent retired as the Manager, Yendayar branch of the 1st appellant-Bank on 30.04.2022. His pensionary benefits were withheld by the 1st appellant stating that a huge amount was to be realised from him on account of his dereliction of duty. Hence, he filed W.P.(C) No.15990 of 2021 challenging that order, which was Ext.P6 therein. That writ petition was allowed ordering as follows:
Pension accounts are protected from attachment under relevant statutes.
Secretary has no power to quantify and fasten the liability against an employee without recourse to the statutory procedure contained in Section 69 Kerala Co-operative Societies Act.
Jurisdictional authority is granted to arbitrators under the Kerala Co-operative Societies Act to order attachment before judgment.
Retirement benefits, including commuted pension, are protected from attachment under Section 60(g) of C.P.C., while earned leave encashment is not.
Retiral benefits are protected from attachment under Section 60(1) CPC, as clarified by the Supreme Court.
Retired employees are entitled to gratuity and provident fund unless disciplinary proceedings are initiated against them, and provisions of the Payment of Gratuity Act prevail over state laws.
Attachment before judgment under the Tamil Nadu Cooperative Societies Act is restricted to specific pending proceedings; enquiries under Section 81 do not permit such actions.
Plea of res-judicata can be raised in an intra court appeal filed under Section 5(i) of the Kerala High Court Act as in the instant case, even though it was not raised in the writ proceedings by the ....
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