Citation : 2021 Latest Caselaw 17187 Ker
Judgement Date : 13 August, 2021
WP(C) No.14962/2020 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 13th day of August 2021 / 22nd Sravana, 1943
IA.NO.1/2021 IN WP(C) NO. 14962 OF 2020
PETITIONERS/RESPONDENTS 1 & 2:
1. STEEL INDUSTRIALS KERALA LIMITED, A GOVERNMENT OF KERALA UNDERTAKING
AND A PUBLIC LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT
1956, HAVING ITS REGISTERED OFFICE AT ATHANI.P.O, THRISSUR - 680771,
REPRESENTED BY ITS MANAGING DIRECTOR.
2. THE MANAGING DIRECTOR, STEEL INDUSTRIALS KERALA LIMITED, ATHANI.P.O,
THRISSUR - 680771.
RESPONDENTS/PETITIONER & 3RD RESPONDENT:
1. SURESAN V.P., S/O.CHATHUKUTTY.P.V, SAMRIDHI, NEAR E.J.TOWER, KANNUR
ROAD, KUTHUPARAMBA, PIN - 670 643.
2. THE GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF INDUSTRIES, THIRUVANANTHAPURAM - 695 001.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time for
compliance of the judgment dated 18.12.2020 in WP(C)No.14962/2020 by a
further period of 12 months from the date of this petition.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 18.12.2020 and upon hearing the arguments of SMT.LATHA ANAND,
Advocate for the Petitioners in I.A/R1 & R2 in WP(C) and of
M/S.R.PARTHASARATHY & SEEMA PARTHASARATHY, Advocates for R1 in
I.A./Petitioners in WP(C), the court passed the following:
WP(C) No.14962/2020 2/3
DEVAN RAMACHANDRAN, J.
-----------------------------------------
I.A.No.1 of 2021
in
W.P.(C) No.14962 of 2020
----------------------------------------
Dated this the 13th day of August, 2021
ORDER
This application has been filed seeking that the
petitioner/respondents in writ petition, be permitted to pay the
terminal benefits to the petitioner at the rate of 10% per month
starting from July 2021. In effect, therefore, the petitioner seeks
that the time frame in the judgment be extended by one year.
2. The afore request, made by Smt.Latha Anand on
behalf of the petitioner in this IA, was vehemently opposed by
Sri.Parthasarathy - learned counsel appearing for the writ
petitioner, stating that his client had been waiting for the last
several years to obtain their legitimate claims, and that any further
delay will cause severe prejudice to them and to their lives.
3. I must say that I find force in the submissions of
Sri.Parthasarathy, because the judgment in question was delivered
in December 2020 and the payment was ordered to be begun from WP(C) No.14962/2020 3/3
I.A.No.1 of 2021 in W.P.(C) No.14962 of 2020
July 2021. It is now eight months since the said judgment was
delivered; and am, therefore, of the view that a further period of
12 months cannot be granted, as prayed for by the petitioner
herein.
Resultantly, I allow this IA and extend the time frame in the
judgment, for commencement of payment of terminal benefits to
the writ petitioners at the rate of 10% per month, until October
2021. In all other respects, the judgment remains unaltered.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS/13/08/2021
13-08-2021 /True Copy/ Assistant Registrar
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