This contempt case is filed alleging that the respondent herein, who is the Managing Director of the Kerala Agro Industries Corporation Ltd. has wilfully disobeyed the direction issued by this Court in Annexure A1 judgment delivered on 16.7.2013 in W.P.(C) No.10209 of 2005. By that judgment, this Court set aside the order passed by the respondent removing the writ petitioner from service and directed payment of salary and allowances to him as also retirement benefits in view of the fact that he had in the meanwhile attained the age of superannuation. Though the Kerala Agro Industries Corporation moved the Division Bench by filing W.A.No.366 of 2014, the Division Bench was not inclined to interfere with the decision of the learned single Judge to the extent it held that the order imposing punishment is liable to be set aside. The writ appeal was admitted only on the entitlement of the writ petitioner to full back wages. The Division Bench also passed an interim order on 1.4.2014 staying the direction regarding payment C.O.(C)No.30 of 2014 2 of back wages subject to the condition that one-half of the back wages should be paid within 45 days. 2. When the contempt case came up for hearing today, the learned Senior Advocate appearing for the petitioner submitted that it was after the contempt case was filed that the writ appeal was presented and though some amount was paid towards retirement benefits the amount paid does not represent the entirety of the retirement benefits payable to the petitioner. That is a case which has not been pleaded in the contempt case.
I am therefore of the considered opinion that the petitioner should file a fresh contempt case with proper pleadings. Reserving such liberty with the petitioner, this contempt case is closed.
vpv Sd/-
P.N.RAVINDRAN JUDGE