IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 20330 of 2007(T) -------------------------- PETITIONER(S): --------------- MUVATTUPUZHA AGRICULTURAL CO-OPERATIVE BANK LTD., NO.HW 33, MUVATTUPUZHA, REPRESENTED BY THE SECRETARY IN-CHARGE. BY ADV. SRI.S.EASWARAN RESPONDENT(S): --------------- KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD, P.B.NO.85, KALA NIVAS, TC NO.27/156, 157, CHINMAYA LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. MR.P.V.MOHANAN, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, ALONG WITH WPC NO. 7364 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20330/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE JUDGMENT DATED 23/05/2003 IN OP NO.596/1998. P2 : COPY OF ORDER DATED 27/12/2004 ISSUED BY THE JOINT REGISTRAR OF CO-OP. SOCIETIES, ERNAKULAM. P3 : COPY OF NOTIFICATION DATED 07/03/2001 PUBLISHED IN the KERALA GAZETTE AMENDING the SCHEME OF 1994. P4 : COPY OF LETTER DATED 30/01/2004 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. P5 : COPY OF COMMUNICATION DATED 24/07/2006 ISSUED BY THE RESPONDENT TO THE PETITIONER. P6 : COPY OF DEMAND NOTICE DATED 24/07/2006 ISSUED BY THE RESPONDENT TO THE PETITIONER. P7 : COPY OF COMMUNICATION DATED 01/11/2006 BY RESPONDENT TO THE PETITIONER INFORMING THEM THAT CODE NUMBER WILL BE GIVEN AFTER RECEIPT OF THE CHALAN EVIDENCING PAYMENT. P8 : COPY OF COMMUNICATION DATED 13/01/2007 BY THE PETITIONER REQUESTING THE RESPONDENT TO WAIVE THE INTEREST. P9 : COPY OF PROCEEDINGS DATED 05/02/2007 BY THE RESPONDENT REJECTING THE REQUEST OF THE PETITIONER. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.20330 of 2007 & 7364 of 2009 --------------------------------- Dated, this the 22nd day of July, 2009 J U D G M E N T WP(C) No.20330/2007 is filed by the Muvattupuzha Agricultural Co-operative Bank disputing the demand of Rs.17,54,295/- made by the 1st respondent, in these writ petitions. 2. Prior to the filing of this writ petition, the Bank had already paid an amount of Rs.10,85,833/- as early as in October, 2006. This remittance has been confirmed by the Pension Board in its affidavit. 3. In so far as WP(C) No.7364/2009 is concerned, this writ petition is filed by two employees of the Bank. They are claiming that they should be paid pensionary benefits as contemplated under the Pension Scheme, 1994, irrespective of whether the Bank makes remittance or not. They are relying on the judgment of this Court in Thulasi Devi v. Kerala State Co-operative Employees Pension Board (2008(4) KLT 647). 4. At the time, when these writ petitions were taken up for WP(C) Nos.20330/2007 & 7364/2009 -2- hearing, the learned counsel for the Bank has produced before me a statement of remittance of the pension fund contribution issued by the Pension Board on 01/07/2009 reworking balance liability of the Bank and demanding remittance of the amount mentioned therein. It is stated that the Bank has a grievance that it has not been given the full benefit of Circular No.2/09 and that irrespective of the dispute the amount demanded has been remitted by the Bank on 01/07/2009. In view of the remittance thus made by the Bank, necessarily, the Board has to disburse pensionary benefits to the petitioners in WP(C) No.7364/2009. This shall be done as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. 5. In so far as the grievance of the Bank that it has not been given the full benefit as available under Circular 2/09 is concerned, it is clarified that it will be open to the Bank to agitate their contention in appropriate proceedings. It is also clarified that if the matter has been taken up with the Board, the Board shall consider the same. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg