WP(C) NO. 38492 OF 2024 1 2025:KER:28346 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 38492 OF 2024 PETITIONER: THE PUTHENCHIRA PANCHAYAT VANITHA MULTIPURPOSE CO-OPERATIVE SOCIETY, PUTHENCHIRA – R.1010, REPRESENTED BY ITS PRESIDENT, RENY, W/O. BABY, ATHAPILLY HOUSE, PUTHENCHIRA , THRISSUR, PIN - 680682 BY ADV P.C.SASIDHARAN RESPONDENTS: 1 THE JOINT REGISTRAR, (GENERAL), OFFICE OF THE JOINT REGISTRAR, THRISSUR, PIN - 680020 2 SMT. SEEMA SUJITH LAL KAIPAPLAKKAL HOUUSE, KOMBATH KADAVU, PUTHENCHIRRA, THRISSUR, PIN - 680682 BY ADVS. Manu Govind A.JAYASANKAR(J-114) T.K.BENNY(K/577/1999) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 38492 OF 2024 2 2025:KER:28346 JUDGMENT The petitioner society registered under the provisions of the Kerala Co-operative Societies Act 1969, has filed this writ petition being aggrieved by the order passed by the Joint Registrar in Ext.P4 directing the petitioner society to pay subsistence allowances to the 2nd respondent for the period when she was under suspension ie, 01.05.2019 to 14.06.2024. 2. The learned counsel for the petitioner has raised an objection regarding the power of the Joint Registrar for issuing a direction for payment of subsistence allowance on the ground that the claim of the subsistence allowance is a service dispute which is covered under the provisions of Section 69 of the Kerala Co-operative Societies Act and the 2nd respondent instead of approaching the Joint Registrar ought to have filed an Arbitration Case before the Co- operative Arbitration Court. She has also placed reliance on the WP(C) NO. 38492 OF 2024 3 2025:KER:28346 judgment of this Court in W.P.(C.) No.2106 of 2023 and other connected cases to buttress her submissions. 3. The 2nd submission of the learned counsel for the petitioner is that the subsistence allowance is not a legal and statutory right. However, the learned counsel for the petitioner has not been able to substantiate the said submission that an employee put under suspension is not required to be paid subsistence allowance. 4. Rule 198(6) of the Kerala Co-operative Societies Rules mandates a Co-operative Society to pay the subsistence allowance during the period when an employee placed under suspension pending disciplinary proceedings. Rule 198(6) is extracted hereunder: “Suspension Period of suspension Subsistence allowance An authority competent to appoint an employee may suspend him pending enquiry into serious charges against such employee. No employee shall however be kept under suspension for a period of six months at a time. In no case an employee shall be kept under suspension for a continuous period exceeding one year without the prior approval of the Registrar. [An employee under suspension shall be entitled to subsistence allowance WP(C) NO. 38492 OF 2024 4 2025:KER:28346 Subsistence allowance under KSR payable under the Kerala payment of Subsistence Allowance Act, 1972 (27 of 1973)]. [Provided that an employee not coming under the purview of the Kerla payment of Subsistence Allowance Act, 1972 (27 of 1973) shall be entitled to subsistence allowance at the rate admissible to State Government Employees as prescribed under the Kerala Service Rules.]” 5. When it is the statutory obligation of the society to make the payment of the subsistence allowance to an employee who has been placed under suspension, this is not a dispute; and this will come under the provisions of Section 69 of the Co-operative Societies Act. This is a claim of the employee to get the subsistence allowance as per the provisions of Rule 198(6) of the Kerala Co- operative Societies Rules. As the society was violating provisions of Rule 198(6), learned Joint Registrar has directed the society to comply with the Rules, and I do not find any reason that the Joint Registrar has transgressed his power while directing the society to comply with the statutory prescription in making the WP(C) NO. 38492 OF 2024 5 2025:KER:28346 payment of subsistence allowance to the 2nd respondent for the period she was placed under suspension. In view thereof, I find no substance in the present writ petition, which is hereby dismissed. Sd/- D. K. SINGH AP JUDGE WP(C) NO. 38492 OF 2024 6 2025:KER:28346 APPENDIX OF WP(C) 38492/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF THE DISMISSAL ISSUED BY THE SOCIETY DATED 14/06/2024 Exhibit P2 TRUE COPY OF THE NOTICE DATED 10.09.2024. ISSUED BY THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 24.09.2024 SUBMITTED BY THE PRESIDENT OF THE SOCIETY Exhibit P4 TRUE COPY OF THE ORDER NO.JRGTSR/1746/2024-CS DATE 27.09.2024 English Translation of EXHIBIT P1 English Translation of EXHIBIT P2 English Translation of EXHIBIT P4 RESPONDENT EXHIBITS Exhibit R2(a) True copy of the suspension order dated 29.12.2018 issued to the petitioner Exhibit R2(b) True copy of the complaint dated 02.01.2024 preferred by the 2nd respondent before the Assistant Registrar of Cooperative Societies, Irinjalakkuda Exhibit R2(c) True copy of the complaint filed before the first respondent with copy to the Assistant Registrar on 18.06.2024 Exhibit R2(d) True copy of the judgment dated 09.08.2024 in WPC NO. 27972/2024 Exhibit R2(e) True copy of the statement submitted by the 2nd respondent before the first respondent on 24.09.2024 Exhibit R2(a) True copy of the suspension order dated 29.12.2018 issued to the petitioner along with its English translation Exhibit R2(b) True copy of the complaint dated 02.01.2024 preferred by the 2nd respondent before the Assistant Registrar of Cooperative Societies, Irinjalakkuda along with its English translation WP(C) NO. 38492 OF 2024 7 2025:KER:28346 Exhibit R2(e) True copy of the statement submitted by the 2nd respondent before the first respondent on 24.09.2024 along with its English translation Exhibit R2(c) True copy of the complaint filed before the first respondent with copy of the Assistant Registrar on 18.06.2024 along with English translation