IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Con.Case(C).No. 866 of 2008(S) ------------------------------------------------ AGAINST THE JUDGEMENT IN WPC.2545/2007 Dated 01/08/2007 .................... PETITIONER/PETITIONER: -------------------------------------- N.P.SREEDHARAN, S/O.AMBINI, AGED 48 YEARS, JUNIOR CLERK, THALIPARAMBA PRIMARY CO-OP. AGRICULTURAL DEVELOPMENT BANK, PAYYANNUR, RESIDING AT MAVILAYI AMSOM DESOM, KANNUR TALUK. (UNIT PRESIDENT, ALL KERALA AGRICULTURAL & RURAL DEVELOPMENT BANK EMPLOYEES ASSOCIATION AFFILIATED TO AIBEA). BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: RESPONDENTS: ---------------------------------------------- 1. B.CHANDRAMATHI, D/O.MADHAVI AMMA, AGED ABOUT 54 YEARS, SECRETARY IN-CHARGE, THALIPARAMBA PRIMARY CO-OP. AGRICULTURAL DEVELOPMENT BANK, HEAD OFFICE AT PAYYANNUR. 2. M.M.JACOB, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM - 1. BY ADV. SRI.M.SASINDRAN FOR R1 SRI.TOJAN J. VATHIKULAM FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- C.C.(C).NO.866 OF 2008 S IN W.P.C. NO. 2545 OF 2007 C -------------------------------------- Dated this the 7th August, 2008 JUDGMENT By Annexure A1 Judgment, this Court had passed the following directions: "The first respondent will forward the details in the proper proforma accompanied by the service records of the employees, if it has not already been done, within a period of one month from the date of receipt of a copy of this Judgment. If already the proforma and necessary service particulars have been forwarded, the second respondent will take up the matter and do the needful in accordance with law, so that the employees in the first respondent Society become entitled to the Pension Scheme. If the necessary details and records have already been received by the second respondent, the second respondent will complete the formalities within a period of two months from the date of receipt of a copy of this Judgment. If it has not already been received C.C.(C).866/08 S 2 from the first respondent, the formalities shall be completed by the second respondent within two months from the date of receipt of the records from the first respondent." 2. The contempt is alleged against the respondents. Counter Affidavits have been filed by both the respondents. In the Counter Affidavit filed by the first respondent it is stated that there is no contempt as she has taken steps to comply with the directions. As seen from the Judgment, the direction against the first respondent was to forward the details in the proper proforma accompanied by the service records of the employees, if it has not already been done, within one month from the date of receipt of a copy of the Judgment. The further directions are seen to be issued to the second respondent. In the Counter Affidavit filed by the second respondent, in paragraph 7, it is stated, inter alia, that though the verification Officer issued a notice to the Secretary of the Bank to submit Form Nos. I, II and III which contain details regarding the Bank and its employees C.C.(C).866/08 S 3 before 20.9.2007, the Bank has not submitted the details till date and the Pension Board will allot Code Numbers in Form No.I submitted by the Bank which is very essential for enrollment as Members. It is pointed out by the first respondent, with reference to Ext.R1(f) dated 30.4.2008 that the first respondent has forwarded the necessary documents. I notice that there is reference to Form No. III in paragraph 7. But, it is not noted in Ext.R1(f). But, the learned counsel for the second respondent submits that the non payment of the amounts is not due to non- receipt of Form No. III. He also submits that steps are on to realise the dues from the first respondent Bank. I need only record this submission and I do not think that there is a case made out to proceed in contempt. Recording the submission of the second respondent that steps are on to realise the amounts from the first respondent, the Contempt of Court Case is closed. Sd/= K. M. JOSEPH, JUDGE kbk. //True Copy// PS to Judge C.C.(C).866/08 S 4 K. M. JOSEPH, JUDGE kbk.