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2022 Supreme(Online)(KER) 64091

HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, MOHAMMED NIAS C.P., JJ
THE SHORNUR CO-OPERATIVE SERVICE BANK – Appellant
Versus
T.K. RAJAGOPALAN – Respondent


Advocates:
ADV P.C.SASIDHARAN, ADVS.N.RAGHURAJ SRI.M.SASINDRAN, SC, KERALA STATE COOPERATIVE EMPLOYEES PENSION BOARD

JUDGMENT

Mohammed Nias.C.P.J., These Writ Appeals are filed by the Shornur Co-operative Service Bank (“Society” for short) against the judgment of the learned Single Judge in a batch of petitions filed by the employees of the Society seeking for a direction to declare that they are entitled for pension in terms of the provisions of the Kerala Co-operative Societies Act and the Pension Scheme and also for a mandamus to direct the respondents to enroll the petitioners in the Scheme to grant pension.

2. All the writ petitioners retired from the service of the appellant society before 3-6-1993, on which date the Kerala Co- operative Societies Employees Self Financing Scheme, 1994 (“the Scheme” for short ) came into force. The petitioner's request to the Society for getting enrolled in the said Scheme in terms of the stipulations of the Scheme therein evoked no response and so they approached the Co-operative Arbitration Court.

3. The Society in the written statement filed before the Arbitration Court inter alia contended that the writ petitioners were ineligible for pension as they did not apply for joining the Scheme and if they are willing, the Society will take such steps to enroll t

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