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2024 Supreme(Online)(KER) 45152

HIGH COURT OF KERALA
MURALI PURUSHOTHAMAN, J
NASEER. E.A. – Appellant
Versus
THE KERALA STATE ROAD TRANSPORT CORPORATION – Respondent


Advocates:
For the Appellants/Petitioners: K.P.JUSTINE (KARIPAT), A.JOSEPH GEORGE (AZHIKKAKATH), LEELA R., SRI. DEEPU THANKAN - SC, P.C.ANIL KUMAR, N.SASIDHARAN UNNITHAN, AKHIL SURESH, N.UNNIKRISHNAN
For the Respondents: SRI. DEEPU THANKAN - SC, N.UNNIKRISHNAN, AKHIL SURESH

Table of Content
1. petitioners' concerns regarding loan deductions. (Para 1 , 2)
2. ksrtc's failure to remit amounts deducted is a breach. (Para 3 , 4)
3. legal duties regarding financial transactions with societies. (Para 5)

JUDGMENT

[WP(C) Nos.31214/2023, 3121/2023, 7665/2023, 5397/2024, 38515/2023, 22397/2024, 24206/2024, 27204/2024 & 28563/2024]

The petitioners are employees of the Kerala State Road Transport Corporation (KSRTC) who have availed loans from the Kerala State Transport Workers Co-operative Society Ltd No. T-133, of which they are members, as well as from other Co-operative Societies and financial institutions. At the time when the petitioners availed loans, they had executed agreements under Section 37 (1) of the Kerala Co-operative Societies Act, 1969 (for short, ‘the Act’) in favour of the Societies providing that their employer (KSRTC) shall be competent to deduct from the salary payable to them, such amount as may be specified in the agreement and to pay the amount so deducted to the Societies. The loans were disbursed to the petitioners based on such agreements. The grievance of the petitioners is that, though in accordance with the agreement executed under ,

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