Kerala High Court
P.K.Ajithkumar vs Seemon on 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
CON.CASE(C) NO. 180 OF 2021
(JUDGMENT IN WP(C)NO.14196/2019 DATED 21.06.2019)
PETITIONER/PETITIONER IN WP(C)NO.14196/2019:
P.K.AJITHKUMAR, AGED 60 YEARS, S/O.PADMANABHAN,
KADAMBANATTUTHARA, KULASEKHARAMANGALAM P.O., VAIKOM,
SECRETARY (RETIRED), VAIKOM COIR VYAVASAYA CO-OPERATIVE
SOCIETY LTD.NO.3056, CHEMPU P.O., VAIKOM-686 615.
BY ADV P.P.JACOB
RESPONDENT/1ST RESPONDENT IN WP(C)NO.14196/2019:
1 SEEMON, AGED 65 YEARS, S/O KORA, PRESIDENT,
VAIKOM COIR VYAVASAYA CO-OPERATIVE SOCIETY LTD.NO.3056,
CHEMPU P.O., VAIKOM, RESIDING AT MANNAPPALLI HOUSE,
CHEMPU P.O., VAIKOM-686 615.
*ADDL.R2 PROJECT OFFICER (COIR),
OFFICE OF PROJECT OFFICER (COIR), VAIKKOM.
*ADDITIONAL R2 IS SUO MOTO IMPLEADED VIDE ORDER DATED
31.08.2021 IN COC 180/2021.
*ADDL.R3 THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT OF KERALA.
*ADDL.R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED
12-10-2022 IN COC 180/2021.
BY ADVS.SMT.MABLE C.KURIAN, SR.GP
SRI.J.ABHILASH
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CON.CASE(C) NO. 180 OF 2021
-2-
JUDGMENT
When this matter was called today, Smt.Mable
C.Kurian - learned Senior Government Pleader,
submitted that admitted retiral benefits had been
paid to the petitioner in obedience to the various
interim orders of this Court, including that dated
11.07.2023. She thus argued that, if the petitioner
has any further claim, he must invoke other
remedies, including by approaching the Arbitral
Forum.
2. Sri.P.P.Jacob - learned counsel for the
petitioner, conceded that his client has received
Rs.4,18,712/-; and the stand of the Government, that
an amount of Rs.11,50,000/- paid by them into the
Pension Board should be added to it, is untenable.
He concluded saying that, in fact, his client's
total claim is in excess of Rs.18,00,000/-, taking
into account Provident Fund, Leave Surrender and
such other retiral benefits.
3. Even when I hear Sri.P.P.Jacob on the afore
CON.CASE(C) NO. 180 OF 2021
lines, the fact remains that this Court can only
direct the admitted amounts to be paid to the
petitioner through these proceedings. The rest of
the amounts will certainly be required to be
quantified through an appropriate adjudication,
which cannot be done by this Court while acting
under Article 226 of the Constitution of India, or
in Contempt of Court jurisdiction. The petitioner
must, for this, invoke his appropriate statutory and
legal remedies.
In the afore circumstances, recording that
petitioner has been paid the admitted sums in terms
of the orders of this Court, I close this Contempt
Case; however, leaving open all his contentions with
respect to the actual amounts eligible to him, thus
being able to approach any competent Forum,
including the statutory Arbitrator.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
CON.CASE(C) NO. 180 OF 2021
APPENDIX OF CON.CASE(C) 180/2021
PETITIONER ANNEXURES
ANNEXURE I CERTIFIED COPY OF THE JUDGMENT IN WPC
NO.14196/2019 DATED 21.06.2019.
ANNEXURE II TRUE PHOTOCOPY OF THE NOTICE DATED
28.10.2019 SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENT.
ANNEXURE III TRUE PHOTOCOPY OF THE JUDGMENT IN
CON.CASE NO.267/2020 DATED
10.03.2020.
ANNEXURE VI TRUE PHOTOCOPY OF THE RELEVANT
PORTION OF THE STATEMENT DATED NIL
RESPONDENT ANNEXURE ALONG WITH AFFIDAVIT FILED BY THE
2ND RESPONDENT
ANNEXURE R2(A) TRUE COPY OF THE LETTER DATED
05.04.2022 ADDRESSED TI THE SOCIETY.
RESPONDENT ANNEXURE ALONG WITH ADDITIONAL AFFIDAVIT
FILED BY THE 2ND RESPONDENT
ANNEXURE R2(A) TRUE COPY OF THE RESOLUTION NO.13 OF
VAIKOM COIR VYAVASAYA SAHAKARANA CO-
OPERATIVE SOCIETY DATED 02/07/2022
