IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 10311 of 2009(H) -------------------------- PETITIONER(S): --------------- V.U.BABY, VETTUKUZHIYIL HOUSE, VELLASSERY, KADUTHURUTHY. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK, KOTTAYAM, REPRESENTED BY ITS GENERAL MANAGER. 2. THE DEPUTY LABOUR COMMISSIONER, KOTAYAM. ADV. SRI.T.A.SHAJI FOR R1 MR.M.A.ASIF, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No. 10311of 2009 --------------------------------- Dated, this the 7th day of April, 2009 J U D G M E N T Non-payment of the amount due to the petitioner towards subsistence allowance under Ext.P4 is what is complained of in this writ petition. As per Ext.P4, the balance amount due for the period up to 02/09/2008 is Rs.90,157/-. 2. The learned standing counsel appearing for the 1st respondent, on instructions, submits that the petitioner has a liability to the Bank to the extent of Rs.45,555/-, and that they intend to get the amount recovered from the said amount. It is stated that seeking modification of Ext.P4 to that extent, they intend to move the 2nd respondent by filing an appropriate application. Irrespective of any such liability, still amount is admittedly due to the petitioner. Therefore, taking into account the above, it is directed that the balance amount that is due under Ext.P4 along with the amount due for the period subsequent to 02/09/2008 shall be paid to the petitioner within two weeks from today, if not already paid. 3. It is also directed that if the Bank does not obtain any WP(C) No.10311/2009 -2- orders from the 2nd respondent enabling it to make deduction from the amount due as per Ext.P4 within a period of one month from today, the amount of Rs.45,555/- shall also be paid to the petitioner within two weeks thereafter. It is also clarified that the Bank shall continue payment of subsistence allowance towards future also in time. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg