V.K. KUNJAMMA Vs. A.E. JACOB

JUDGEMENT

(1.) THIS contempt application is filed for non-compliance of the judgment of this Court in W.P.(C) No. 29839/2011 and by virtue of this judgment, the 2nd respondent was directed to pay "all the pensionary benefits to the petitioner within a period of two months from the date of receipt of a copy of this judgment". The respondent had filed an affidavit stating that since the direction was only to pay the pensionary benefits, the gratuity amount of Rs. 3,50,000.00 had already been paid. In regard to other amount which are claimed by the complainant, according to the respondent, those amounts does not come within the purview of the pensionary benefits and in view of certain disputes between the management and the retired employee, the said amount had not been released.

(2.) THE learned counsel for the complainant relies upon Annexure VI. According to him, admittedly an amount of Rs. 6,24,588.00 is due which includes gratuity, leave surrender and the arrears of salary. The amounts like salary and arrears of salary is admittedly not paid because of the pending dispute between the parties.

(3.) HENCE , prima facie, I do not think that there is willful contempt on the part of the petitioner. Whether this Court had intended for payment of the entire amount or payment of pensionary benefits alone is not clear from the judgment. Under such circumstances, it may not be possible for this Court to proceed with the contempt any further. In that view of the matter, I do not think that there is any reason to proceed with the contempt. Hence the same is dropped.