IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 19716 of 2008(V) -------------------------- PETITIONER: ------------------- M.M.MATHEW, MUTHUPLAKKAL, UDUMBANNOOR P.O., THODUPUZHA,IDUKKI DISTRICT. BY ADV. SRI.P.RAMAKRISHNAN SRI.T.C.KRISHNA RESPONDENTS: ---------------------- 1. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, P.B.NO.85,KALA NIVAS, T.C. NO.27/156, 157 CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM -1. 2. THE UDUMBANNOOR SERVOCE CO-OPERATIVE BANK LIMITED NO.E-93, REPRESENTED BY ITS SECRETARY, UDUMBANNOOR P.O., THODUPUZHA, IDUKKI DISTRICT PIN 683 595. 3. ASSISTANT REGISTRAR (GENERAL) THODUPUZHA , IDUKKI DISTRICT. R1 BY ADV.SRI.P.V.MOHANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.19716 of 2008 ================================== Dated this the 1st day of July, 2008. JUDGMENT Heard the learned counsel for the petitioner, learned standing counsel for the first respondent and the learned senior Government Pleader for the third respondent. Having regard to the nature of the directions being issued hereunder, notice to the second respondent is dispensed with preserving its right to move for review of this judgment, if aggrieved. 2. Petitioner, a former employee of the second respondent contends that he was compelled to pay amounts which the second respondent ought to have paid to the first respondent. It is stated that Ext.P1 was WPC19716/08 -:2:- issued to him by the second respondent demanding amounts and the petitioner had paid such amounts under a bona fide belief that he was liable to pay, however that, it was the liability of the second respondent to pay such amounts to the first respondent and the second respondent acted without the authority of law in depriving the petitioner of such amounts. Under such circumstances, the third respondent is directed to take up Ext.P5, consider the same after hearing the petitioner and the second respondent and issue appropriate decision, in accordance with law. The first respondent shall also do the needful in terms of the governing statute to ensure that the amounts are duly paid by the second respondent as is required under the law relating to pension to the petitioner. Let the needful be WPC19716/08 -:3:- done as directed above within an outer limit of three months from the date of receipt of a copy of this judgment. Writ petition is disposed of accordingly. Thottathil B.Radhakrishnan, Judge. sl/1.7.08