By: M.S.Yatnatti: Editor and Video Journalist Bengaluru : A false statement made with deliberate intent to deceive 66 Employees of Malleshwaram Co-operative Society Limited in respect of their retirement benefits like Gratuity, leave encashment, bonus andStrike Period Salary and Balance salary as on retrenchment date .Suspend the liquidator and institute disciplinary Acton against Sri Narsimhamurthyliquidator or face lokayukta SIT enquiry as the liquidator of Malleshwaram Co-operative Society Limited has lied and provided false and fabricated documentsto Government of Karnataka and KSHRC ( HRC 1759/14 B-II ) and Lokayukta and Co-operation Department stating that all retirement benefits have been paid in respect of 66 Employees of Malleshwaram Co-operative Society Limited whereas all benefits were actually not paid. . But the fact and truth is different .As per the law these payments were due with interest for delayed payments as Liquidator has not made any payments of retirement benefits like Gratuity, leave encashment, bonus andStrike Period Salary and Balance salary as on retrenchment date or compulsory retirement or forced retirement date since 2000 as the records available with the department .Now liquidator has to pay dues as on 2000 plus interest payments for 15 years 10% compounding per year .Like National Human Rights Commission (NHRC) KSHRC also should take serious view of delay in disbursement of retirement benefits, including pension and gratuity, to an employees of Malleshwaram Co-operative Society Limited pass orders for payment of retiral benefits with 15 years of interest for delayed payments without further loss of time as among 66 employees all are old age and dying one by one without retiral benefits.
Whereas Taking a serious view of delay in disbursement of retirement benefits, including pension and gratuity, to an employee of the Bharat Sanchar Nigam Limited (BSNL), the National Human Rights Commission (NHRC) has issued directions for an inquiry into the matter for fixing responsibility of the officials concerned. But Karnataka State Human Rights Commission has registered a case against liquidator and cooperation department for human right violations under HRC 1759/14 B-II But till today it has not passed orders against liquidator and cooperation department for human right violations and had not issued directions for an inquiry into the matter for fixing responsibility of the officials concerned for non payments ofretirement benefits like Gratuity, leave encashment, bonus andSrike Period Salary and Balance salary as on retrenchment or compulsory retirement or forcedretirement benefitsand any other benefit payable at the time of the retirement in the year 2000 and interest payments for 15 years of delay in paying Retrial Benefits since the years 2000 till date .Joint Registrar co-operative Societies and Liquidator has not paid Pension or retirement benefits like Gratuity, leave encashment, bonus and Srike Period Salary and Balance salary as on retrenchment or compulsory retirement or forcedretirement benefitsand any other benefit payable at the time of the retirement in the year 2000 to Malleshwaram Co-operative Society Limited. As Supreme Court orders interest is not paid since 2000 and Revised Gratuity payments is not paid as per Karnataka high court order (Three Benches) on 17-11-2003 in N.S. Srinivasamurthy And Ors. vs The Registrar Of Co-Operative ... on 17 November, 2003 in respect of Malleshwaram Co-operative Society LimitedAnd Joint Registrar co-operative Societies and Liquidator need to pay interest for about 15 years on delayed paymentsas per Supreme Court of India H. Gangahanume Gowda vs Karnataka Agro Industries ... on 5 February, 2003 and The citations have been filed before Deputy Directorcourt with separate memo on 13-05-2016 with citations and report of National Human Rights Commission of India in respect of"Retiral Benefits as a Human Right: NHRC Initiatives”.
The Supreme Court's influence in the socio-political sphere of our country is undeniable and almost hallowed in quality. It is predominantly with the tool of a broadened jurisprudence in enforcing the fundamental rights, guaranteed in the Constitution of India, that it has been able to uphold the ideals enumerated in the Indian Constitution The cardinal responsibility of the State to provide post-retirement benefits to the entitled employee or his family, in full and on time, has come under the scrutiny of the Supreme Court of India in many cases. The decisions of the Supreme Court of India has given the institutions in India an insight into the methods and means to uphold the sanctity of the right to receive pensionary benefits in India. It is with this spirit that the National Human Rights Commission reads the denial of retirement benefits as a violation of the right to life and dignity, thus leading the country's nodal agencies in the understanding that pension or the retiral benefits may be the only source of livelihood and means of survival for a family; hence nonpayment of these benefits has devastating effects on their lives. If these retirement benefits are not paid to them, the very survival of the retired employee or next-of-kin, and/or family members of the National Human Rights Commission deceased employees comes under question, in blatant violation of their human rights. The following are
Pension or retirement benefits like Gratuity, leave encashment, provident fund or any other benefit payable at the time of the retirement is to be made on the day of retirement or within a stipulated time period, in case of termination of the contract of employment due to voluntary retirement, retrenchment, layoff etc., to the employees, and in case of death of the employees during the course of employment or in employment, to his nominee or next of kin, within a stipulated or reasonable time period, where it is not stipulated. If not provided within this time period, interest is to be paid on the delayed payments.Retirement benefits are the accumulated savings of a lifetime of service. Denial, non-payment or delayed payment of the same is not only tantamount to denial of an individual's rightful property, but is also a violation of the human rights of the victim and their next of kin wherein their livelihood is affected, often times resulting in untold misery, starvation and poverty.
No respect to apex court orders by M.D.Narsimha Murthy Joint Registrar co-operative Societies and Liquidator. He need to be shunted out from the department as liquidator who has done continuous injustice to 66 sincere employees ofMalleshwaram Co-operative Society Limitedand these employees are dyeing one by one as they are of old ageand department is not considering their demands sympathetically as er apex court ordersand now CM should intervene the matter as co-operative minister has failed to act on their legitimate demands. .He has refused to honor the Supreme Court orders and Revised Gratuity payments as per Karnataka high court order (Three Benches) on 17-11-2003 in N.S. Srinivasamurthy And Ors. vs The Registrar Of Co-Operative ... on 17 November, 2003 in respect of Malleshwaram Co-operative Society Limited and pay interest for about 15 years on delayed paymentsas per Supreme Court of India H. Gangahanume Gowda vs Karnataka Agro Industries ... on 5 February, 2003 and The citations have been filed before Deputy Directorcourt with separate memo, A full text of the reported judgments is placed on record along with separate memo which may was requested to be treated and read as part and parcel of this written arguments. But even Deputy director is suspected under pressure from M.D.Narsimha Murthy Joint Registrar co-operative Societies and Liquidator who is his superior officer in grade and not passing orders as per supreme court orders .After supreme court orders what else they need to pass again orders is the common man is asking the question.The 66 emloyees are demanding revision of their settlements as per Supreme court order and pay interest on it since 2000 for last 15 years or pay lump sume payments of of Rs 5 lakhs whichever is feasible and settle their dues as the ofMalleshwaram Co-operative Society Limitedhas croes of rupees cash and properties . Malleshwaram Co-operative Society Limited is under liquidation.Entire employee package need to revised as on 2000 and need to be paid interest from 2000 for last 15 years.
Despite apex court orders lokayukta closed the case inLoka No BCD/2930/2014as it is suspected and reportedly it is allegedthatM.D.Narsimha Murthy Joint Registrar co-operative Societies and Liquidator has bribed the lokayukta officials and got closed the case and started demolishing illegally head office building of Malleshwaram Co-operative Society Limited . One property worth 40 crore was transferred to RCS without any authority of law to RCS for Redeemable share amount/loan of 10.70 lakhs in gross violation of any law in operation. The sanction orders from 1-9 from the year 1962 to 1990 as per the listfor total amount of Rs 10,70,000/- is very clear and it were given as loan for specific purpose and not as share amount . The orders sheet cleanly states that 10,70,000/- were supposed to be recovered from Malleshwaram Co-operative Society Limitedfrom 30-03-1996. The last line states that "repayment to be commenced from 30-03-1996 .Then it is redeemable share /loan given by government wherefore question of allotment of shares does not arise and another one property was still remains untouched. The deputy Director of co-operative audit Bangalore had made several observations on audited accounts submitted by the liquidator in respect of Malleshwaram Co-operative Society Limited which were not complied by liquidator. In one the observation it made it cleared that 10.70 lakhs it was not the share amount but it was redeembale share amount /loan but it need to be given back in ten installments as it was given from 1962 -to- 1990 with a condition that it will be returned after 15 years in 10 installments and audit observation was made to and directed liquidator to make arrangement to return 10.70 lakhs immediately out of accounts of Malleshwaram Co-operative Society Limited. Instead of remitting back amount of 10.70 lakhs which is available with the accounts of Malleshwaram Co-operative Society Limited liquidator did committed blunder and fraud of selling 40 crore rupees property to RCS in grave violation of observations of audit report.