Renjitha E.S vs Kerala State Beverages (M & M) ...
2021 Latest Caselaw 7434 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                       WP(C).No.5565 OF 2021(U)


PETITIONER:

               RENJITHA E.S.,
               AGED 41 YEARS
               W/O. LATE SUDHAKARAN K.N., KANDAMCHIRAYIL,
               EDAKKATTUVAYAL, CHETHICODE, KANAYANNUR,
               ERNAKULAM-682315.

               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,
               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
               SMT.NITA N S
               SRI.S.KRISHNA MOORTHY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5565 OF 2021

                                    2




                             JUDGMENT

Dated this the 3rd day of March 2021

The learned counsel for the parties in this case submit 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.17726/2020 and connected matter. A

copy of this judgment has been produced on record as Ext.P2 in this

writ petition.

2. Heard the learned counsel for the petitioner, Adv.

T.Naveen, the learned counsel for the 1st respondent, Adv.Nita N.S, the

learned counsel appearing for the 2 nd respondent and Adv.S.Krishna

Moorthy, the learned counsel for the 3rd respondent.

3. The claim of the petitioner is with respect to the Provident

Fund contribution to be remitted by the Kerala State Beverages

Corporation Ltd. The petitioner contends that the said Corporation is

liable to be directed to forward the application submitted by the

petitioner 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. The petitioner WP(C).No.5565 OF 2021

also prays for damages/compensation for the delay in disbursement

of the Provident Fund amounts.

4. I have examined Ext.P2 judgment of this Court in W.P.

(C).No.17726/2020 and connected matter and notice that the

petitioners therein are situated in an analogous situation as that of

the petitioner herein.

5. 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.

6. Since, the respondents agree that the petitioner herein

stand on a similar footing as the petitioners in W.P.(C).No.17726/2020

and connected matter, I am of the firm view that the petitioner is also

entitled to the same relief.

WP(C).No.5565 OF 2021

In the result, this writ petition is allowed, directing the

competent authority of the Kerala State Beverages Corporation to

forward Form No.19 in the case of the petitioner along with all

relevant documents, to the Office of the Regional Provident Fund

Commissioner within a period of ten days from the date of receipt of a

copy of this judgment. Needless to say, on receipt of the afore

records, the Regional Provident Fund Commissioner shall consider the

petitioner's application and disburse the benefits, leading to the

credit of the eligible amounts into her account 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.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.5565 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE DEATH CERTIFICATE OF SUDHAKARAN K.N. DATED 17.7.2017.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 15.9.2020 IN WPC NO.17726/2020.

RESPONDENT'S/S EXHIBITS: NIL