P.P.Jose vs Kerala State Beverages (M & M) ...
2021 Latest Caselaw 920 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                     WP(C).No.660 OF 2021


PETITIONER :-

            P.P.JOSE, AGED 64 YEARS,
            PUNNOTH HOUSE, ERUMBAYAM P.O., THALAYOLAPARAMBU,
            KOTTAYAM DISTRICT.

            BY ADVS.
            SRI.DEEPU THANKAN
            SMT.UMMUL FIDA
            SMT.LAKSHMI SREEDHAR

RESPONDENTS :-

      1     KERALA STATE BEVERAGES (M & M) CORPORATION LTD.,
            BEVCO TOWER, VIKASBHAVAN, PALAYAM,
            THIRUVANANTHAPURAM - 695 033,
            REPRESENTED 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,
            REPRESENTED BY ITS CHIEF WELFARE FUND INSPECTOR.

            BY SRI. NAVEEN T., SC
            BY SMT. NITA N.S
            BY SRI.S.KRISHNAMOORTHY, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.660 OF 2021

                                      -: 2 :-


                                  JUDGMENT

Dated this the 11th 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 petitioner for provident fund amount to the second respondent and further direct the second respondent to disburse the provident fund amount stand in the account of the petitioner 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 petitioner in their account forthwith.

iii) issue a writ of mandamus or any other writ, order or direction directing the first respondent to pay an amount of Rs.25,000/- as cost to the petitioner for the delay in disbursement of the EPF amount to the petitioner."

2. Heard the learned counsel for the petitioner and the

learned counsel appearing for respondents 1 and 2.

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

that the issue raised in this writ petition is covered by Ext.P1

judgment and that similar directions may be issued in this writ

petition as well.

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

disposed of directing the 1 st respondent to forward the Form-19 along

with all relevant documents to the 2 nd respondent for disbursal of

benefits due to the petitioner, within 10 days from the date of receipt WP(C).No.660 OF 2021

of a copy of this judgment. On receipt of the records, the 2 nd

respondent shall consider the application for disbursal of benefits and

credit the amount due to the petitioner in the account furnished by

him. Necessary action shall be taken by the 2 nd respondent within a

period of one month from the date of receipt of document from the 1 st

respondent.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/11.1.2021 WP(C).No.660 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 13.03.2020 IN WPC NO.4770/2020.

//TRUE COPY//

P.A. TO JUDGE