P.J.John vs Kerala State Beverages (M & M) ...
2021 Latest Caselaw 5129 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                   WP(C).No.1857 OF 2021(F)

PETITIONER :-

            P.J.JOHN, AGED 60 YEARS, S/O.JOSEPH,
            ABKARI WORKER (NOW RETIRED), POWATHAL HOUSE,
            PIRAVOM P.O., PIRAVOM VILLAGE, PIN - 686 664.

            BY ADVS.
            SRI.T.V.GEORGE
            SRI.JIMMY GEORGE (THADATHIL)


RESPONDENTS :-

      1     KERALA STATE BEVERAGES (M & M) CORPORATION LTD.
            BEVCO TOWER, VIKAS BHAVAN, PALAYAM,
            THIRUVANANTHAPURAM - 695 003,
            REPRESENTED BY ITS MANAGING DIRECTOR.

      2     THE DISTRICT AUDIT TEAM
            KERALA STATE BEVERAGES CORPORATION LTD, ALUVA,
            ERNAKULAM - 683 101.

            BY SRI.T.NAVEEN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.1857 OF 2021(F)

                                     -: 2 :-


                                  JUDGMENT

Dated this the 11th day of February, 2021

The prayer in this writ petition is for a direction to the

respondents to release the gratuity and leave surrender amounts due

to the petitioner. It is submitted by the learned Standing Counsel

appearing for the respondents that the legality of Ext.P2 proceedings

is pending before this Court in W.P.(C) No.15278/2019. The learned

counsel for the petitioner submits that even if the amount covered by

Ext.P2 is not taken into account, the petitioner would be entitled to

payment of admitted amounts due as gratuity and earned leave

surrender. This fact is not disputed by the respondents.

In the above view of the matter, there will be a direction to

the respondents to release the admitted gratuity and earned leave

surrender benefits due to the petitioner within a period of three

weeks from the date of receipt of a copy of this judgment. The issue

with regard to liability will be decided in W.P.(C) No.15278/2019.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/11.2.2021 WP(C).No.1857 OF 2021(F)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF OFFICE MEMO DATED 13/05/2020 ISSUED TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 24/05/19 ISSUED BY THE INTERNAL AUDITOR.

EXHIBIT P3 TRUE COPY OF INTERIM ORDER DATED 04/06/19 IN WPC NO.15278/19.

EXHIBIT P4 TRUE COPY OF INTERIM ORDER DATED 15/02/2020 IN WPC NO.125/20.

//TRUE COPY//

P.A. TO JUDGE