IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Con.Case(C).No. 673 of 2007(S) ------------------------------ {IN OP.15762/2006 OF THIS COURT} .................... PETITIONERS: ----------------------- 1. SMT. V.M.MARGRET, AGED 65 YEARS, W/O. C.A.ANTONY, CHEKKAMATH HOUSE, THOMASPURAM, MARADU WEST P.O., MARADU VILLAGE, ERNAKULAM DISTRICT. 2. SRI. A.R.ANTONY, AGED 76 YEARS, ANCHANICKAL HOUSE, BAGATSINGH ROAD, THAIKOODAM, VYTTILA P.O., COCHIN-682 019. BY ADVS. SRI.M.V.JOY SRI.T.K.SAJEEV RESPONDENTS: -------------------------- K.K.SASIDHARAN, (FATHER'S NAME AND AGE NOT KNOWN TO THIS PETITIONERS), SECRETARY, THE ERNAKULAM DISTRICT CO-OPERATIVE PRINTING PRESS LTD.NO.E.119, MILLS LANE, CHARGE LANDING ROAD, ERNAKULAM, COCHIN-16. BY ADV. SRI.V.G.ARUN SRI.JOE KALLIATH SRI.P.V.MOHANAN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- C.O.C.No.673 of 2007 ------------------------- Dated this the 17th day of January, 2008. JUDGMENT The operative portion of the judgment, in relation to which contempt is alleged, reads as follows: “In the above circumstances, this writ petition is disposed of by directing the 2nd respondent to remit the arrears of pension contribution with regard to the 1st respondent within a reasonable time and at any rate within forty five days from the date of receipt of a copy of this judgment. The petitioners shall furnish a copy of this judgment before the Secretary of the 2nd respondent for compliance.” 2. It is clear from the affidavits filed by the parties that an amount of Rs.1,30,386/- has been remitted by the District Co-operative Printing Press with the Kerala Co-operative Employees by way of contribution in relation to the petitioners. As against the same, the Pension Board has paid an amount of Rs.90,660/-, to the first petitioner, Rs.20,000/- to the second petitioner partly towards pension with effect from 1.1.2006. 3. Learned counsel for the Pension Board Mr.P.V.Mohanan submits that pension, being a payment C.O.C.No.673 of 2007 :: 2 :: which has to be effected every month, the balance amount which has to be remitted by the press, will have to be actually remitted for enabling the Pension Board to acquire the necessary corpus to continue to pay the pension to the petitioners. He submits that a total amount of Rs.2,95,608/- was demanded by the Board from the Printing Press. But only an amount of Rs.1,30,386/- was actually received. Taking note of the affidavits filed by the parties and the aforementioned facts as well, I am of the view that it will not be justified to further proceed with the Contempt of Court Case as such. The same is closed. It is made clear that the petitioners may take appropriate steps to see that the actual pension due to them is received either by taking action against the Printing Press or the Board or both of them. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge