IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 Con.Case(C).No. 1005 of 2009(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8302/2009 Dated 21/05/2009 .................... PETITIONER(S): PETITIONER IN THE WRIT PETITION: ----------------------------------------------- CHACKO T.O., AGED 70 YEARS, S/O.LATE JOSEPH, THUNDIYIL HOUSE, ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA (RETIRED BRANCH MANAGER THIRUVALLA EAST CO-OPERATIVE BANK LTD.NO.3260, OTHARA BRANCH, OTHARA) BY ADV. SRI.S.SUBHASH CHAND SMT.M.P.MARY SMT.AKHILA RANI RESPONDENT(S):/RESPONDENT NOS.1 & 2 IN WPC: ------------------------- 1. M.M.JACOB, AGED 51 YEARS, S/O.MICHAEL, SECRETARY, KERALA STATE CO-OPERATIVE PENSION BOARD TC NO.27/156,157, KALANIVAS, CHINMAYA LANE, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM. *ADDL. R2. K.K.RAMACHANDRA PANICKER, AGED 54 YEARS, S/O.KARUNAKARAN NAIR, RESHMA, KALAYIMALAYIL, PULLAD.P.O., THIRUVALLA, GENERAL MANAGER, THIRUVALLA EAST CO-OPERATIVE BANK LTD.NO.3260, HEAD OFFICE, ERAVIPEROOR. * (IMPLEADED ADDITIONAL 2ND RESPONDENT AS PER ORDER DATED 30/10/2009 IN I.A.NO.569/2009 IN THE COC) ADV. SRI.P.V.MOHANAN, SC SRI.D.SOMASUNDARAM FOR R2 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------- CCC.NO.1005 OF 2009 (S) ------------------------------- Dated this the 20th day of November, 2009 J U D G M E N T Non-payment of the pension due to the petitioner pursuant to the direction in Annexure-1 judgment in WP(c)No.8302/09 gave raise to this contempt court petition. From the submissions made by both sides, what is seen is that according to the Board, the date on which the petitioner became the member of the PF was not available to them and that lead to the non payment and this Contempt Petition. Although, it is the case of the Bank that such details have already been furnished, from the records produced, it would appear that according to the EPF Organization the petitioner became a member on 01/02/1966. Pension Board is also willing to reckon the dues of the petitioner accepting this as the correct date. 2. In view of the submissions thus made, the agreement of the Pension Board to give pension to the petitioner reckoning 01/02/1966 as the date of the petitioner joining the Provident Fund, is recorded. The Board shall quantify and assess as to whether any further contribution is due to be remitted by the Bank COC.No.1005 /09 :2 : and shall at liberty to call upon the Bank to pay the same also. Once the demand is made to the Bank, it will certainly be the obligation of the Bank to pay such additional contribution without any further delay. In any case, pension dues of the petitioner shall be quantified and paid along with arrears, if any, and this shall be done as expeditiously as possible, at any rate within four weeks from the date of receipt of a copy of this judgment. This contempt court petition is closed. (ANTONY DOMINIC) JUDGE jg