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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Not Mentioned, J
Surendran v. Mavelikara Primary Coop. Agrl. and R. D. Bank Ltd.
| Table of Content |
|---|
| 1. definition of salary and recovery provisions. (Para 1 , 2 , 3) |
| 2. validity of recovery agreement between member and society. (Para 4 , 5 , 6) |
| 3. clarification on what constitutes 'salary' under the act. (Para 10 , 11 , 12) |
| 4. implications of interpreting 'salary' broadly or narrowly. (Para 15 , 16 , 17) |
| 5. legal interpretation restricting dcrg with consent requirement. (Para 22 , 23 , 25) |
1. Can an amount due to a Cooperative Society from its member be recovered from the Death cum Retirement Gratuity (DCRG, for short), under S.37 of the Cooperative Societies Act, 1969 ('the Act' for short)? Can such dues be recovered from DCRG under R.3 Part III, Kerala Service Rules (KSR, for short)? What does the term "salary" mean in this context? These are the three main questions which are to be considered in this appeal.
2. Brief facts are as follows: Appellant retired from government service on 30.6.2000 as Sub Registrar. But, DCRG was not paid even after expiry of two years of retirement and hence, he filed O.P. No. 22258 of 2002 before this court. Accordingly, this Court directed for fixation of liability and payment of DCRG within three months from the date of receipt of co
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