Kerala High Court
Paul @ Francis Benson vs State Of Kerala on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13394 OF 2024
PETITIONER:
PAUL @ FRANCIS BENSON,
AGED 58 YEARS, S/O. BENSON PROPRIETOR,
M/S. PAUL CASHEW COMPANY, ANAVILA,
THATTARKONAM, DECENT JUNCTION,
KOLLAM, PIN - 691577.
BY ADV R.SATISH KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
LABOUR DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001.
2 THE CONTROLLING AUTHORITY UNDER
PAYMENT OF GRATUITY ACT/THE DEPUTY
LABOUR COMMISSIONER, OFFICE OF THE
DEPUTY LABOUR COMMISSIONER,
KAANKATHU MUKKU, KOLLAM., PIN - 691013.
3 S. ASOKAN, KALEELAZHIKATHU VEEDU,
RAYARA MUKKU, KILLIKOTTOOR P.O.,
KOLLAM., PIN - 691004.
BY ADVS.
RAJESH R.(VARKALA) R
M.KIRANLAL(K/963/2009)
T.S.SARATH(K/257/2012)
MANU RAMACHANDRAN(K/917/2010)
SAMEER M NAIR(K/000481/2017)
SAILAKSHMI MENON(K/1518/2021)
SMT.AKHILA B.(K/000259/2019)
JOTHISHA K.A.(K/123/2022)
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13394 OF 2024
-2-
JUDGMENT
The limited plea of the petitioner is that the 2nd respondent be directed to allow him to pay the amounts quantified under Ext.P1 in favour of the 3rd respondent, in 15 equal monthly installments, after deducting Rs.10,000/- already paid.
2. Sri.R.Rajesh - learned counsel for respondent No.3 - who is the beneficiary of Ext.P1, submitted that, though his client is willing to accede to the request of the petitioner for payment of the amounts through installments - he being in desperate need of financial resources at this time - the number of installments sought is too high. He added that he cannot agree to more than eight installments.
3. Smt.C.S.Sheeja - learned Senior Government Pleader, appearing for respondents 1 and 2, submitted that, if the petitioner only WP(C) NO. 13394 OF 2024 -3- wants to liquidate the liability under Ext.P1 through installments, she will not stand in the way of this Court passing appropriate orders, subject to the consent of the 3rd respondent.
In the afore circumstances, I allow this Writ Petition to the limited extent of permitting the petitioner to pay off the entire amount due under Ext.P1, along with all applicable charges and interest, in eight equal monthly installments, commencing from 15.05.2024, directly to the petitioner by way of a Demand Draft drawn on a Nationalized Bank/Scheduled Bank and delivered to the address shown in this Writ Petition, through Registered Post acknowledgment due.
After the entire amount is so paid, evidence of the same shall be presented by the petitioner before the 2nd respondent; and the said Authority will thereupon take note of the same, after WP(C) NO. 13394 OF 2024 -4- hearing the parties, and decide whether any further amounts are payable and, if so, what action is to be taken.
Needless to say, if the entire amount is found to be paid, then further action based on Ext.P1 will stand terminated by the 2 nd respondent thereafter.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 13394 OF 2024 -5- APPENDIX OF WP(C) 13394/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER G.C.NO.42/18 DATED 31/1/2024 OF THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 12/11/2014 ISSUED BY THE 3RD RESPONDENT