The petitioner filed a contempt petition alleging non-compliance with a direction to pay pension arrears. The court examined the impugned judgment and held no clear obligation existed to pay first before recovering from the bank.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY, THE 16TH DAY OF MARCH 2018 / 25TH PHALGUNA, 1939
Con.Case(C).No. 930 of 2016 IN WPC. 953/2013 AGAINST THE JUDGMENT IN WP(C)953/2013 of HIGH COURT OF KERALA DATED 07-01-2016
PETITIONER/PETITIONER IN THE WRIT PETITION
CHACKO.T.O, AGED 76 YEARS, S/O.LATE JOSEPH, THUNDIYIL HOUSE, ERAVIPEROOR, THIRUVALLA, PATHANAMTHTTA (BRANCH MANAGER(RETIRED), THIRUVALLA EAST CO-OPERATIVE BANK LTD.NO.3260), OTHARA BRANCH, OTHARA)
BY ADV.SRI.S.SUBHASH CHAND
RESPONDENTS/RESPONDENT NO.1 IN THE WRIT PETITION:
SASIDHARAN, AGED ABOUT 53 YEARS, S/O.(FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY, KERALA STATE CO OPERATIVE EMPLOYEES PENSION BOARD, TC. NO. 27/156, 157, KALANIVAS, CHINMAYA LANE, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM
Addl.R2. THOMAS MATHEW
GENERAL MANAGER, THIRUVALLA EAST CO-OPERATIVE BANK LTD, NO.3260, HEAD OFFICE OF THIRUVALLA EAST CO-OPERATIVE BANK LTD, NO.3260, ERAVIPEROOR-689 101.
Addl.R3. S.LALITHAMBIKA I.A.S REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001. (Additional respondents 2 and 3 are impleaded vide order dated 20.2.2017 in I.A.85/17)
R1,R4 BY ADV.SRI.M.SASINDRAN,SC,KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD
R2,R BY ADV. SRI.GEORGE POONTHOTTAM R1 BY ADV. SRI.K.R.SUNIL,SC,CO-OP.EMP.PENSION BOARD
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 16-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, C.J. & DAMA SESHADRI NAIDU, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Cont. Case (C) No.930 of 2016
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2018
JUDGMENT
Antony Dominic, C.J.
The alleged disobedience of the directions in the judgment in W.P(C)No.953/13 has led the petitioner to file this Contempt Petition
seeking initiation of proceedings under the Contempt of Courts Act.
already initiated recovery proceedings against the Bank. According
Cont. Case (C) No.930 of 2016
: 2 :
to them, on recovery of the amount from the Bank, that will be paid
to the petitioner.
“In this context, it is made clear that the Pension Board is at liberty to recover from the employer Bank if any amounts are statutorily due from the said employer owing to the revision of petitioner's monthly pension retrospectively.”
unable to see any direction in clear terms obliging the Pension Board to pay the amount found to be due and thereafter recoup the amount from recovering the same from the bank.
If that be so, the petitioner cannot say that the respondents are in contempt justifying initiation of proceedings under the Contempt of Courts Act. Contempt petition is closed.
Sd/- ANTONY DOMINIC, CHIEF JUSTICE Sd/- DAMA SESHADRI NAIDU, JUDGE
jes
2 issues framed by the court
Whether the High Court's direction imposed a primary obligation on the Pension Board to pay arrears before recovering the amount from the employer bank.
Whether non-payment by the Pension Board justifies initiation of contempt proceedings under the Contempt of Courts Act.
CHACKO.T.O
SASIDHARAN
THOMAS MATHEW
S.LALITHAMBIKA I.A.S
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
