Dheeraj Mohan vs The Fertilizers And Chemicals ...
2021 Latest Caselaw 11445 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                      WP(C).No.16710 OF 2020(K)


PETITIONER:

               DHEERAJ MOHAN, S/O. RAMAMOHANAN M,
               AGED 33 YEARS, RESIDING AT THULASI,
               SOUTH KALAMASSERY, ERNAKULAM DISTRICT 683104

               BY ADVS. SRI.SAJEEV KUMAR K.GOPAL
               SRI.PAULACHAN IYPE

RESPONDENTS:

      1        THE FERTILIZERS AND CHEMICALS TRAVANCORE
               LIMITED, REGISTERED OFFICE, ELOOR,
               UDYOGAMANDAL, KOCHI 683501, REPRESENTED BY
               ITS MANAGING DIRERCTOR.

      2        THE CHAIRMAN AND MANAGING DIRECTOR,
               THE FERTILIZERS AND CHEMICALS TRAVANCORE
               LIMITED, REGISTERED OFFICE, ELOOR, UDYOGAMANDAL,
               KOCHI 683 501

      3        THE CHIEF GENERAL MANAGER(HR), THE FERTILESERS
               AND CHEMICALS TRAVANCORE LIMITED, REGISTERED
               OFFICE, ELOOR, UDYOGAMANDAL, KOCHI 683501

               BY SHRI.M.GOPIKRISHNAN NAMBIAR

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 16710/20                         2




                              JUDGMENT

Dated this the 8th day of April 2021

When this matter was called today, the learned counsel for

the petitioner and the learned counsel appearing for the respondents

were ad idem that the issues impelled in this writ petition have

already been answered in favour of the petitioner by this Court

through Exhibits P5 and P6 judgments.

2. I am, therefore, of the firm view that the petitioner is also

entitled to succeed in the same manner as the petitioners in Exhibits

P5 and P6 judgments.

In the afore circumstances, I allow this writ petition,

following Exhibits P5 and P6 and directing the respondents to pay the

petitioner his eligible balance leave encashment within a period of

one month from the date of receipt of a copy of this judgment.

Needless to say, since I have not considered the petitioner's

plea for payment of interest for the delay, said contention is left open

to be pursued by him before an appropriate Forum, if so interested.

Sd/-

Devan Ramachandran, Judge tkv

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE EMPLOYEES SERVICE CERTIFICATE DATED 27-11-2019 ISSUED BY THE DEPUTY GENERAL MANAGER (HR) OF THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE RESIGNATION LETTER OF THE PETITIONER DATED 26-09-2019

EXHIBIT P3 TRUE COPY OF PAY SLIP OF THE PETITIONER FOR THE MONTH OF SEPTEMBER 2019 ISSUED TO THE PETITIONER BY THE COMAPNY

EXHIBIT P4 TRUE COPY OF THE FINAL SETTLEMENT OF ACCOUNTS ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) NO.31700 OF 2015

EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) NO.23318 OF 2018

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 14-07-2020 WITOUT THE ANNEXURES.

/TRUE COPY/

P.S. TO JUDGE