IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 9208 of 2009(U) ------------------------- PETITIONER(S): --------------- 1. M.B.VASANTHAKUMARI,CHIEF ACCOUNTANT, FACT EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD NO.F.663,UDYOGAMANDAL P.O,ERNAKULAM. 2. ANNIE C.ANTONY,ASSISTANT SECRETARY, FACT EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD NO.F.663,UDOGAMANDAL P.O,ERNAKULAM. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENT(S): --------------- 1. FACT EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD NO.F.663,UDYOGAMANDAL P.O, ERNAKULAM.REP.BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) NORTH PARAVOOR. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) ERNAKULAM. 4. THE CO-OPERTIVE ARBITRATION COURT, THIRUVANANTHAPURAM. 5. THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD,THIRUVANANTHAPURAM REP.BY ITS SECRETARY. ADV. SRI.V.G.ARUN FOR R1 SRI.T.R.HARIKUMAR FOR R1 BY GOVT. PLEADER SRI. I.V. PRAMOD FOR R5 SC SRI.P.V. MOHANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.9208 OF 2009 ------------------------ Dated this the 3rd day of June, 2009. JUDGMENT First petitioner is an employee of the first respondent. In so far as the 2nd petitioner is concerned, he too was an employee of the first respondent and has retired from service on 31.1.2009. 2. It is stated that, the first respondent had initiated action for recovery from salary and other benefits that are payable to the petitioners and this dispute is the subject matter of ARC.No.68/07 and even going by the pleadings, though the ARC was finally heard, orders have not been issued so far. It is stated that in view of the pendency of the ARC, the first respondent is not disbursing the DA and increment to the petitioners. In so far as the 2nd petitioner is concerned retirement benefits are also not disbursed. It is in these circumstances the writ petition has been filed. WP(c).No.9208/09 2 3. Standing counsel appearing for the first respondent submits that to their information ARC has already been disposed of but however award has not been received so far. At this stage, in so far as the 2nd petitioner is concerned what he wants is disbursement of the terminal benefits including pension. 4. The fact that the award has not been passed is no reason to indefinitely keep the matter pending. Therefore, at this stage the proper order to be passed in so far as the 2nd petitioner is concerned is to direct the first respondent to forward pension papers to the 5th respondent in form 1,2 and 3 with the emoluments admittedly due to the 2nd petitioner at the time of retirement. It is clarified that on receipt of the award in ARC. No.68/07, if necessary, the first respondent shall, submit revised forms 1,2 and 3, taking into account the emoluments that are due and payable under the award and on that basis shall also pay the supplementary contributions if any, required. WP(c).No.9208/09 3 5. In so far as the benefits other than pension are concerned, it is directed that admitted amounts due shall also be paid and if at a later point of time, consequent on the award any revision is necessary, at that stage necessary revision will be effected and supplementary payments will be paid. In so far as the first petitioner is concerned, since he is continuing in the service of the first respondent it is directed that the emoluments that are due to him on the basis of the pay which is admittedly due shall be disbursed. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.9208/09 4