A.P. John vs Kerala State Beverages (M & M) ...
2021 Latest Caselaw 1459 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                       WP(C).No.1023 OF 2021(C)


PETITIONERS:

      1        A.P. JOHN,
               AGED 61 YEARS, S/O PAULOSE,
               ANJILIKKAPPILLY HOUSE,
               SOUTH PARAVOOR P.O.PIN-682 307,
               ERNAKULAM DISTRICT

      2        MOHANAN V,
               AGED 61 YEARS, S/O MADHAVAN NAIR,
               44/1468 D, ADIMURI ROAD,
               PALARIVATTOM-682 025,
               ERNAKULAM DISTRICT

      3        N.P.ASOKAN,
               AGED 67 YEARS, S/O PADMANABHAN,
               NEDUNILATH HOUSE, DEEPAM ROAD,
               PONNURUNNI EAST, VYTTILA-682 019,
               ERNAKULAM DISTRICT

      4        GOPINATHAN K.R,
               AGED 60 YEARS, S/O RAGHAVAN,
               KATTAYIL HOUSE, AROOR P.O.-688 534,
               ALAPUZHA DISTRICT

      5        RAJAN T.K,
               AGED 60 YEARS, S/O KUMARAN,
               THURUTHETH HOUSE, THIRUVALLOOR,
               ALANGAD P.O.-683 511,
               ERNAKULAM DISTRICT.

      6        VENUGOPALAN K.P,
               AGED 61 YEARS, S/O PARAMESWARAN,
               KELAYIPARAMBIL HOUSE,
               ANNAMMANADA P.O.680 741,
               TRISSUR DISTRICT

      7        RAJENDRAN P.K,
               AGED 63 YEARS, S/O KRISHNANKUTTY,
               PALAPARAMBIL HOUSE, KUNNATHUKADU,
               VADAMA P.O.680 732,
               TRISSUR DISTRICT
 WP(C).No.1023 OF 2021(C)

                                2

      8        PETER K.G,
               AGED 61 YEARS, S/O GEORGE,
               KAYAPURATHU HOUSE,
               KAIPATTOOR P.O.682 313,
               ERNAKULAM DISTRICT

      9        SALIM K,
               AGED 68 YEARS, S/O KUMARAN,
               KUNNEPARAMBIL HOUSE,
               BRAMAMANGALAM P.O.686 605,
               KOTTAYAM DISTRICT

      10       K.P.SUNNY,
               AGED 67 YEARS
               S/O ABRAHAM, KOLLAPALLITHARA HOUSE,
               KUMARAKOM EAST P.O.686 563,
               KOTTAYAM DISTRICT

               BY ADVS.
               SRI.SUNNY P MARKOSE
               SRI.C.P.JOHNY (ERNAKULAM)

RESPONDENTS:

      1        KERALA STATE BEVERAGES (M & M) CORPORATION LTD.
               BEVCO TOWER, VIKAS BHAVAN,
               PALAYAM P.O.695 033,
               THIRUVANANTHAPURAM DISTRICT
               REPRESENTED BY ITS MANAGING DIRECTOR

      2        REGIONAL PROVIDENT FUND COMMISSIONER,
               BHAVISHYA NIDHI BHAVAN, PATTOM-695 004,
               THIRUVANANTHAPURAM DISTRICT

      3        KERALA ABKARI WORKERS WELFARE FUND BOARD,
               CHALA-695 036, THIRUVANANTHAPURAM DISTRICT,
               REPRESENTED BY ITS CHIEF WELFARE FUND INSPECTOR.



               SC T. NAVEEN
               R2-SC NITA N.S

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.1023 OF 2021(C)

                                         3

                                    JUDGMENT

Dated this the 14th day of January 2021

This writ petition is filed seeking the following prayers :-

(i) issue a writ of mandamus or any other appropriate writ or direction, directing the first respondent to forward the application submitted by the petitioners 1 to 10 for the provident fund amount, to the 2nd respondent and further direction to the second respondent to disburse the provident fund amount which stands in the account of the petitioners 1 to 10 at the earliest.

(ii) issue a writ of mandamus or any other writ, order or direction, directing the second respondent to disburse the amount due to the petitioners 1 to 10 in their account forthwith.

2. Heard the learned counsel for the petitioners and the

learned counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioners

that the issue raised in this writ petition is covered by Ext.P3

judgment and that similar directions may be issued in this writ

petition as well. The learned counsel appearing for the

respondents do not dispute the submission.

In the above view of the matter, this writ petition is

disposed of directing the 1st respondent to forward the Form-19 WP(C).No.1023 OF 2021(C)

along with all relevant documents to the 2 nd respondent for

disbursal of benefits due to the petitioners, within 10 days from

the date of receipt of a copy of this judgment. On receipt of the

records, the 2nd respondent shall consider the application for

disbursal of benefits and credit the amount due to the petitioners

in the account furnished by them. Necessary action shall be taken

by the 2nd respondent within a period of one month from the date

of receipt of document from the 1st respondent.

Sd/-

ANU SIVARAMAN

JUDGE nak WP(C).No.1023 OF 2021(C)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF ANNUAL STATEMENT ISSUED BY THE 2ND RESPONDENT TO THE 8TH PETITIONER FOR THE YEAR 2008-2009

EXHIBIT P2 TRUE COPY OF ANNUAL STATEMENT ISSUED BY THE 2ND RESPONDENT TO THE 9TH PETITIONER FOR THE YEAR 2008-2009

EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 13.3.2020 IN WPC NO 30713 OF 2019 & CONNECTED CASE OF THIS HON'BLE COURT