Harikumar vs Kerala State Beverages ...
2021 Latest Caselaw 13559 Ker

WP(C) NO. 13108 OF 2021

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
          THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                          WP(C) NO. 13108 OF 2021
PETITIONER:

              HARIKUMAR
              AGED 56 YEARS
              S/O.KAMALAMMA, MULAVANAVEEDU, THRIPPERUNTHURA P.O.,
              CHENNITHALA, MAVELIKKARA, ALAPPUZHA-690105.

              BY ADVS.
              DEEPU THANKAN
              UMMUL FIDA
              LAKSHMI SREEDHAR


RESPONDENTS:

      1       KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
              CORPORATION LTD., BEVCO TOWER, VIKASBHAVAN, PALAYAM,
              THIRUVANANTHAPURAM-695033, REP. BY ITS MANAGING DIRECTOR.

      2       REGIONAL PROVIDENT FUND COMMISSIONER
              BHAVISHYA NIDHI BHAWAN, PATTOM, THIRUVANANTHAPURAM-
              695004.

      3       KERALA ABKARI WORKERS WELFARE FUND BOARD
              THIRUVANANTHAPURAM-695001,
              REP. BY ITS CHIEF WELFARE FUND INSPECTOR.

              SRI.T.NAVEEN, SC FOR R1
              SMT.NITA N.S, SC FOR R2
              SRI.S.KRISHNAMOORTHY, SC FOR R3


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13108 OF 2021

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                                 JUDGMENT

This writ petition is filed by the brother of Sri.Unnikrishna Pillai, who

was an Abkari worker under the 1 st respondent. It is submitted that the

petitioner's brother joined service in the Corporation in the year 2001 and he

passed away on 29.01.2019 while in service. The petitioner, who claims to be

the only legal heir of the employee, is before this Court claiming the EPF

contribution deducted from the petitioner's brother during the period from

2002 to 2009 and seeks a judgment in the nature of Ext.P3.

2. The learned standing counsel appearing for the respondents

submits that since the writ petition is not filed by the employee, the issue with

regard to the claim of the petitioner is to be considered by the 2 nd respondent

while the application in Form-19 is considered.

3. In the above view of the matter, this writ petition is disposed of

with a direction to the 1 st respondent-Corporation to forward Form-19 along

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

to the petitioner. Necessary shall be done by the 1 st respondent within 10 days

from the date of receipt of a copy of this judgment. The petitioner shall

approach the 2nd respondent with copies of Exts.P1 and P2, which are the WP(C) NO. 13108 OF 2021

death certificate and the legal heirship certificate respectively, and shall make

a claim with regard to the amounts in question. The 2 nd respondent shall

consider the application and disburse the benefits due, if the claim raised is

found to be in order, taking note of the documents to be produced by the

petitioner also, within a period of 2 months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 13108 OF 2021

APPENDIX OF WP(C) 13108/2021 PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE KADAPRA GRAMA PANCHAYATH DATED 08.02.2019.

Exhibit P2 TRUE COPY OF THE LEGAL HEIR CERTIFICATE ISSUED BY THE TAHASILDAR, MAVELIKKARA DATED 18.09.2019.

Exhibit P3 TRUE COPY OF THE JUDGMENT IN WPC NO.17726/2020 DATED 15.09.2020.

RESPONDENT'S/S EXHIBITS: NIL