IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WA.No. 1086 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.30762/2008 Dated 11/02/2009 .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- T.C. KOCHUTHUPPU, THANNICKAL HOUSE, EASTERN BAZAR, PAZHANJI, TRICHUR. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): / PETITIONER & RESPONDENTS 1 & 2 --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TRICHUR. 3. THE BOARD OF DIRECTORS OF THE PAZHANJI SERVICE CO-OPERATIVE BANK LTD. NO. 68, PAZHANJI, TRICHUR, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.V.G.ARUN FOR R3 SRI.T.R.HARIKUMAR FOR R3 MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.NO.1086/2009 APPENDIX APPELLANT'S EXHIBITS ANNEXURE A1 : COPY OF REPLY DATED 26/03/2009 SUBMITTED BY THE PETITIONER BEFORE R3. ANNEXURE A1(a) : COPY OF CALCULATION STATEMENT SUBMITTED BY THE PETITIONER BEFORE R3. ANNEXURE A2 : COPY OF ORDER DATED 06/04/2009 ISSUED BY THE BANK TO THE PETITIONER. //TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.No.1086 of 2009 --------------------------------- Dated, this the 14th day of June, 2011 J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the judgment of the learned Single Judge directing the 3rd respondent in the Writ Appeal to give arrears of wages to the appellant during the period he was kept out of service and to refix his salary after he was absorbed in service based on the judgment of this Court. Learned counsel for the appellant contended that so far as arrears of back wages are concerned, there is a compromise wherein the appellant made substantial sacrifice by accepting Rs.2.50 lakhs as against Rs.8.80 lakhs, which according to him was payable to him towards back wages. The balance issue raised in the Writ Appeal is 3rd respondent's failure to refix salary of the appellant in terms of the judgment. We notice that the learned Single Judge directed W.A.No.1086/2009 -2- the 3rd respondent to refix terms of employment after absorption of the appellant based on Ext.P6 issued by the Joint Registrar of Co-operative Societies. Even though learned counsel for the 3rd respondent submitted before us that salary and allowances are fixed in terms of Ext.P6, details are not furnished before us. We notice from Ext.P6 that the directions issued by the Joint Registrar are specific, and since the learned Single Judge directed the 3rd respondent to comply with the directions of the Joint Registrar, any non-compliance will justify contempt action against the members of the Board of Directors. Leaving freedom to the appellant to initiate contempt action against the 3rd respondent, we close the Writ Appeal as there is no issue raised for decision by us in the Writ Appeal. If the 3rd respondent wants to avoid the contempt action against them, it is for them to seek clarification from the Joint Registrar as to the financial benefits payable to the appellant and pay the same within a period of one month from now. W.A.No.1086/2009 -3- There will also be a direction to the Joint Registrar to help the 3rd respondent to compute the liability in terms of Ext.P6 order. However, if compliance is not made as above, the appellant is given freedom to initiate contempt proceedings before this Court, after six weeks from now. This Writ Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg