IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 20486 of 2006(L) -------------------------- PETITIONER: ------------- M.K.SUMATHYKUTTY AMMA, MATHIRAMPALLIL VEEDU, NARANGANAM NORTH P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.D.SOMASUNDARAM RESPONDENTS: ---------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),PATHANAMTHITTA. 2. NARANGANAM SERVICE CO-OPERATIVE BANK LTD.NO.628, NARANGANAM P.O., PATHANAMHITTA DISTRICT REPRESENTED BY ITS SECRETARY. 3. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. R1 BY GOVERNMENT PLEADER, N. SUDHA. R2 BY ADV. SRI.V.PHILIP MATHEW. R3 BY ADV. SRI.P.V. MOHANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 20486 OF 2006 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE AWARD OF PUBLICATION GO(Rt) NO.2052/2002/LBR DT.15.07.02. EXT.P2 : TRUE COPY OF THE REPRESENTATION DT.22.5.06 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT.09.12.04. EXT.P4 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.15.12.04. EXT.P5 : TRUE COPY OF THE REPRESENTATION NO.CRP(1) 6585/97 DT.24.11.05 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P6 : TRUE COPY OF THE NOTICES DT.28.06.06 AND 20.06.06 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. /TRUE COPY/ PA TO JUDGE. THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 20486 OF 2006 ----------------------------------- Dated this the 28th day of January, 2008 JUDGMENT Service complete. Heard. 2. The Labour Court passed Ext.P1 award setting aside the order of dismissal of the petitioner from service of the 2nd respondent and issuing directions regarding the release of retiral benefits. Following this, the 2nd respondent has to forward the application of the petitioner to the 3rd respondent Pension Board. Under such circumstance, without expressing anything on merits on the entitlement of the petitioner for pension, this Writ Petition is disposed of directing that the petitioner's application for pension shall be forwarded by the 2nd respondent to the 3rd respondent with its comments within an outer limit of four weeks of receiving a copy of this judgment by the 2nd respondent. Following receipt of such application, the 3rd respondent shall process the same, take final decision thereon, as to entitlement and act accordingly within a further limit of one month of the receipt of application. The 2nd respondent shall ensure that all other benefits in terms of Ext.P1 shall be released to the petitioner WPC No. 20486 of 2006 2 within a period of two months, lest which the petitioner will be at liberty to move appropriate labour court for further proceedings. Such proceedings, if any, shall be decided untrammelled by anything stated hereunder. THOTTATHIL B. RADHAKRISHNAN, JUDGE btt WPC No. 20486 of 2006 3