IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 8761 of 2007(R) ----------------------------------- PETITIONER: ----------------- T.V.KUNHIKANNAN, PERINGALA, CHITTADI P.O., ALAKODE (VIA), KANNUR-670 571. BY ADV. SRI.M.SASINDRAN SRI.T.R.JAGADEESH RESPONDENTS: ----------------------- 1. PADIOTCHAL SERVICE CO-OPERATIVE BANK NO.F.1519, P.O.PADIOTCHAL, KANNUR, REPRESENTED BY ITS SECRETARY. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.V.MOHANAN FOR R1 R2 BY GOVT. PLEADER SRI. P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8761/2007 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE AWARD IN INDUSTRIAL DISPUTE NO. 38/96 PUBLISHED IN GAZETTEE DT. 2/5/97. EXT.P2. COPY OF THE JUDGMENT DT. 7/1/2003 IN OP NO. 369/98. EXT.P3. COPY OF THE RECEIPT OF RS. 90,862/- DT. 28/6/2005 TOWARDS PROVIDENT FUND AND EMPLOYEES WELFARE FUND. EXT.P4. COPY OF THE REPRESENTATION DT. 3/10/2005. EXT.P5. COPY OF THE REPRESENTATION DT. 4/5/2006. EXT.P6. COPY OF THE REPRESENTATION DT. 4/5/2006. EXT.P7. COPY OF THE REPRESENTATION DT. 17/07/2006. EXT.P8. COPY OF THE REPLY DT. 22/5/2006 BY THE R1. RESPONDENT'S EXHIBITS: NIL. True copy Tga THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.8761 of 2007-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of May, 2008. JUDGMENT 1.Petitioner was an employee of the first respondent. He retired on 31-12-2006. Being aggrieved by non-finalization of retiral benefits and the failure of the first respondent employer to forward necessary papers to the third respondent Pension Board, the petitioner has filed this writ petition seeking directions. 2.This writ petition was admitted on 15-3-2007 and the first respondent has been served by speed post. 3.The learned standing counsel for the third respondent Pension Board submits that the first respondent has not forwarded the necessary papers. Heard the learned senior Government Pleader for the second respondent. WP(C)8761/2007 -: 2 :- 4.It also appears that there was an industrial dispute between the parties which resulted in an award. That was interfered with by this Court and such modified award was satisfied by the first respondent. 5.The first respondent shows no sustainable reason for non-disbursing the retiral benefits and also forwarding of necessary papers to the Pension Board immediately. Under the aforesaid circumstances, this writ petition is allowed directing the first respondent to forward the pension papers of the petitioner to the third respondent with all necessary details in accordance with law within a period of one month from now. The third respondent shall thereupon do the needful for disbursement of the pension without delay. THOTTATHIL B. RADHAKRISHNAN, Sha/260508 JUDGE.