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2023 Supreme(Online)(KER) 5267

HIGH COURT OF KERALA
Devan Ramachandran, J
KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK EMPLOYEES ASSOCIATION – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
N.NANDAKUMARA MENON (SR.), SRI.P.K.MANOJKUMAR, SMT.SMITHA S.PILLAI, SMT.ALICE THOMAS, SMT.M.C.SINY, JOHN JOSEPH VETTIKAD, SRI.C.JOSEPH JOHNY, T.P.DEYANANTHAN, SRI.A.V.RAMAKRISHNA PANICKER, SRI.S.KRISHNALAL, SRI.P.P.THAJUDHEEN, SPL.GP, M.A.ASIF, SMT.NISHA GEORGE

JUDGMENT

[WP(C) Nos.26265/2019, 3485/2020, 8303/2020, 35162/2019]

Since the legal issues involved and the factual circumstances presented in these cases are similar, if not identical, I propose to dispose of all of them through this judgment, with the consent of all sides.

2. Certain Unions of employees and the employees of the 'Kerala State Co-operative Agricultural Rural Development Bank' ('Society', for short), have approached this Court impugning the orders of Registrar of Co-operative Societies and the Government, directing that the 'Staff Retirement Benefits Fund' (hereinafter to be referred to as 'SRBF', for brevity) be forthwith terminated, since it goes contrary to the provisions of the Kerala Co-operative Societies Act , 1969 ('KCS Act', for short).

3. The petitioners assert that the 'SRBF'

was introduced in the year 1961, on the edifice of a decision taken by the Board of Directors of the Society; and that it had been approved by the Registrar of Co-operative Societies. They say that a large corpus is available in the fund; but that, on account of the impugned orders in these cases, its disbursement has now been indefinitely delayed. They thus pray that the orders impugned i

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