K.Balakrishnan Nair vs P.K.Vinodkumar
2022 Latest Caselaw 674 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
          Friday, the 14th day of January 2022 / 24th Pousha, 1943
             CONTEMPT CASE(C) NO.370 OF 2021 IN WP(C)14944/2013

PETITIONER/PETITIONER:


     K.BALAKRISHNAN NAIR, AGED 61 YEARS, S/O.LATE E.KRISHNAN NAIR,
     MOOVANGOLE HOUSE, P.O.KARADKKA, KASARGOD DISTRICT.

    BY ADV SRI T.V.JAYAKUMAR NAMBOODIRI
RESPONDENT/1ST RESPONDENT:

     P.K.VINODKUMAR, S/O.NARAYANAN MASTER, SECRETARY,
     KASARGOD CO-OPERATIVE MARKETING AND PROCESSING SOCIETY, NO.F-104,
     P.O.VIDYA NAGAR, KASARGOD DISTRICT.

   BY ADVS. M/S.SURESH KUMAR KODOTH AND K.P.ANTONY BINU FOR THE RESPONDENT
     This Contempt of court case (civil) having come up for orders on
14.01.2022, the court on the same day passed the following:
                                   ORDER

SHAJI P.CHALY, J.

------------------------------------------ Con.Case(Civil)No.370 of 2021

-------------------------------------------- Dated this the 14th day of January, 2022

ORDER

Even though, retiral benefits were paid to the petitioner, amount due under

the arrears of salary is not paid and accordingly, respondent was directed to be

present before this Court on 10.12.2021. The respondent appeared before this

Court and submitted that the Society is in financial constraints and therefore, time

is required for making the balance payment, in reasonable instalments. On the

basis of the said submission, an order was passed by this Court on 10.12.2021,

which reads thus:

"On 26.11.2021, having found that the judgment of this Court is being flouted, this Court directed the respondent to be present before this Court today. Respondent is present before this Court today and on pausing a question as to why the amount is not paid, as directed in the judgment, respondent submitted that due to acute financial stringency, respondent Society is unable to pay the amount and there are 18 persons to be paid with the leave surrender benefits. However, respondent submitted that he would comply with the directions contained in the judgment, and the matter is pending before the Board and if some time is granted, the amount would be paid in reasonable instalments.

In that view of the matter, respondent is directed to place an affidavit before this Court explaining as to how the amount is proposed to

be paid in instalments.

I make it clear that since the amount due is Rs.2,21,000/- approximately, the respondent shall not ask for instalment exceeding '5'. The affidavit shall be placed before this Court within 10 days from today. Personal appearance of the respondent is dispensed with for the time being."

2. Today, when the matter was taken up, learned counsel for respondent

submitted that the respondent is intending to prefer an appeal against the

judgment of this Court and it is also submitted that, the appeal is already filed and

yet to come for admission.

3. In that view of the matter, I think the contempt petition can be adjourned

for a period of three weeks and accordingly, I do so. I make it clear that, if there is

no order passed against the judgment of this Court, the Secretary shall be present

before this Court and explain the circumstances under which the Secretary is

deviating from the submission made before this Court, which is extracted above.

Post on 4.2.2022.

Sd/-

                                                             SHAJI P. CHALY
  smv                                                            JUDGE




14-01-2022                         /True Copy/                               Assistant Registrar