IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Con.Case(C).No. 910 of 2010(S) ------------------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.28764/2006 Dated 28/01/2009 .................... PETITIONER(S): 3RD RESPONDENT --------------------------------------------------- M.J.SEBASTIAN,AGED 50 YEARS, S/O.ULAHANNAN,RESIDING AT NAVAMKULANGARAYIL (MUNDIYIL) THALAYOLAPARAMBU PO, VAIKOM,KOTTAYAM. BY ADV. SRI.D.SREEKUMAR RESPONDENT(S): 2ND PETITIONER --------------------------------------------------- K.MOLIKUTTY,AGED 58 YEARS, W/O.JOY(ITTIKUNJU DANIAL),RESIDING AT PEDIYACKAL, MANARKAD PO, KOTTAYAM, SECRETARY, KOTTAYAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.K.48, KOTTAYAM. *ADDL. R2 IMPLEADED 2. SIVAJI C.R., AGED 43 YEARS, S/O. RAMAKRISHNA PILLAI, SECRETARY IN CHARGE, KOTTAYAM PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD., NO.45., KOTTAYAM. ADDL. R2 IS IMPLEADED AS PER ORDER DTD. 10.12.2010 IN IA. 716/10. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss COC. NO.910/2010 APPENDIX PETITIONER'S ANNEXURES AI:- COPY OF THE G.O.(RT) 440/06/CO-OP DTD. 7.10.2006. AII:- COPY OF THE ORDER DTD. 25.10.2006 DIRECTED THE BANK TO IMPLEMENT THE GOVERNMENT ORDER ISSUED BY THE JOINT REGISTRAR. A III:- COPY OF THE JUDGMENT DTD. 28.1.2009 IN WP(C) 28764/2006 PASSED BY THIS HONOURABLE COURT. A IV:- COPY OF THE ORDER DTD. 2.4.2009 PASSED BY THE PRESIDENT, KOTTAYAM CO- OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., N.K.48, KOTTAYAM. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.S. TO JUDGE tss Thottathil B.Radhakrishnan, J. = = = = = = = = = = = = = = = = = = = = = = = = Cont.Case(C).No.910 of 2010-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of August, 2011. Judgment As noticed in the earlier minutes dated 25.11.2010, if there is any controversy relating to the quantification of the monetary benefits, that can be decided only in terms of the statutory provisions in the Kerala Co-operative Societies Act. The petitioner appears to be aggrieved with the manner in which the authorities have interpreted the phrase “service benefits” in the Annexure-III judgment dated 28.1.2009. The petitioner was out of service. The Government invoked power under Rule 176 of the Kerala Co-operative Societies Rules. While different writ petitions between the parties were considered, to give a quietus to the matter, the employer offered that the petitioner herein would be reinstated and would be inducted as a Clerk with effect from 6.10.2010, the date on which the COC910/11 -: 2 :- feeder category rules were amended and approved. It was also submitted that the service benefits of the petitioner would also be disbursed. Accordingly, the said submission was recorded and the Government decision was affirmed to that extent and it was ordered that the said Government order would stand modified to the extent it is otherwise. The petitioner was reinstated. He was promoted thereafter as a Senior Clerk. The employer has decided as to how the period under suspension has to be treated. Monetary components of some benefits have also been given. The retiral benefits have been fixed on the basis of that. If the petitioner has grievances against those matters, it has to be taken up before the appropriate statutory authority in authorized statutory proceedings. Leaving open all such remedies, this matter is closed. Thottathil B.Radhakrishnan, Judge. Sha/2708