Sakunthala vs Kerala State Beverages ...
2021 Latest Caselaw 17243 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                         WP(C) NO. 16736 OF 2021
PETITIONER:

              SAKUNTHALA
              AGED 54 YEARS
              W/O. LATE RAVEENDRAN K., KALIYARTHOTTATHIL, CHUNDAKKUNNU,
              PANAMARAM, ARINJERUMMAL, WAYANAD - 670721.

              BY ADVS.
              DEEPU THANKAN
              UMMUL FIDA
              LAKSHMI SREEDHAR



RESPONDENTS:

     1        KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
              CORPORATION LTD.
              BEVCO TOWER, VIKASBHAVAN, PALAYAM, THIRUVANANTHAPURAM -
              695 033, REP. BY ITS MANAGING DIRECTOR.

     2        REGIONAL PROVIDENT FUND COMMISSIONER
              BHAVISHYA NIDHI BHAWAN, PATTOM, THIRUVANANTHAPURAM - 695
              004.

     3        KERALA ABKARI WORKERS WELFARE FUND BOARD
              THIRUVANANTHAPURAM - 695 001, REP. BY ITS CHIEF WELFARE
              FUND INSPECTOR.

              BY SRI.T.NAVEEN, SC

              BY SMT.NITA N.S, SC FOR R2


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16736 OF 2021
                                       2

                                 JUDGMENT

The learned Counsel for the petitioner in this case is ad idem

that this writ petition can also be disposed of in the same terms as

have been done by this Court in W.P.(C) No.4770/2020 and

connected matters.

2. The claim of the petitioner is with respect to the

Provident Fund contribution to be remitted by the Kerala State

Beverages Corporation Ltd. and she says that there has been an

undue delay in doing so. She thus prays that the said Corporation

be directed to forward the application submitted by her for

Provident Fund amount to the Regional Provident Fund

Commissioner and for a further direction to the said authority to

disburse the Provident Fund amounts at the earliest. She also

prays that she is awarded an amount of Rs.25,000/- as

compensation/damages for the delay in disbursement of the

Provident Fund amounts.

3. I have examined Ext.P2 judgment of this Court and the WP(C) NO. 16736 OF 2021

judgment in W.P.(C)No.4770/2020 and connected matters, and

notice that petitioners therein are identically situated as the

petitioner herein.

4. A learned Single Judge of this Court had allowed those

writ petitions and directed the Beverages Corporation to forward

Form No.19, along with all relevant documents, to the Regional

Provident Fund Commissioner, for disbursal of the benefits to the

petitioners within a period of ten days. A consequential direction

was also issued therein to the Regional Provident Fund

Commissioner to consider the application for disbursal of the

benefits and to credit the eligible amounts to the petitioners

therein, in the accounts furnished by them.

5. Since, as I have already stated above, the petitioner

herein stands on a similar footing as the petitioners in W.P.

(C)No.4770/2020 and connected matters, I am of the firm view

that she is also entitled to the same relief.

6. In the result, this writ petition is allowed, directing the WP(C) NO. 16736 OF 2021

competent authority of the Kerala State Beverages Corporation to

forward Form No.20 in the case of the petitioner, since she is the

nominee; along with all relevant documents to the Office of the

Regional Provident Fund Commissioner within a period of twenty

days from the date of receipt of a copy of this judgment.

7. Needless to say, on receipt of the afore records, the

Provident Fund Commissioner shall consider the petitioner's

application and disburse the benefits, leading to the credit of the

eligible amounts into her accounts as furnished by her; and this

shall be done within a period of one month from the date on which

the records are received by the said Authority. It also goes without

saying that while complying with the directions above, the

Regional Provident Fund Commissioner is fully entitled to verify,

within the time frame fixed herein, the genuineness of Form No.20

filed by the petitioner as per law.

Sd/-

ANU SIVARAMAN JUDGE Bng/24.08.2021 WP(C) NO. 16736 OF 2021

APPENDIX OF WP(C) 16736/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DEATH CERTIFICATE OF RAVEENDRAN K. DATED 27.11.2019.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 15.09.2020 IN WP(C) NO.17726/2020.