P.K.Rajan vs The Perumbalam Coir Vyavasaya ...
2021 Latest Caselaw 21172 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
     WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                        WP(C) NO. 22340 OF 2021
PETITIONER/S:

     1     P.K.RAJAN,
           AGED 63 YEARS
           S/O.KRISHNAN, PUZHANGHAT KANDAKATHARA HOUSE, PERUMBALAM.

     2     P.G.MURALEEDHARAN,
           S/O.GOVINDAN, POOPADIYIL HOUSE, ARYA SADANAM, PERUMBALAM.

           BY ADVS.
           P.P.JACOB
           MARIYAM JACOB



RESPONDENT/S:

     1     THE PERUMBALAM COIR VYAVASAYA SAHAKARANA SANGHAM LTD.
           NO.A 377,
           PERUMPALAM P.O., POOCHAKKAL, CHERTHALA, REPRESENTED BY
           ITS SECRETARY, PIN-688 570.

     2     THE BOARD OF DIRECTORS OF THE PERUMBALAM COIR VYAVASAYA
           SAHAKARANA SANGHAM LTD. NO.A 377,
           PERUMPALAM P.O., POOCHAKKAL, CHERTHALA-686 570,
           REPRESENTED BY ITS PRESIDENT.

     3     THE COIR INSPECTOR, POOCHAKKAL,
           OFFICE OF THE PROJECT OFFICER, POOCHAKKAL P.O.,
           CHERTHALA-688 526.

     4     THE PROJECT OFFICER (COIR),
           POOCHAKKAL P.O., OFFICE OF THE PROJECT OFFICER(COIR),
           ALAPPUZHA-688 001.

     5     THE DIRECTORATE OF COIR DEVELOPMENT,
           OFFICE OF THE DIRECTORATE OF COIR DEVELOPMENT,
           THIRUVANANTHAPURAM-695 001.
 WP(C) NO. 22340 OF 2021
                                       2

    6     THE STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO INDUSTRIES
          DEPARTMENT(COIR), SECRETARIAT, THIRUVANANTHAPURAM-695
          001.

    7     THE SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES
          PENSION BOARD,
          P.B.NO.85, KALA NIWAS, T.C.NO.27/156, 157, CHINMAYA
          LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE,
          THIRUVANANTHAPURAM-695 001.

          BY ADV SRI.M.SASINDRAN, SC, KERALA STATE COOPERATIVE
          EMPLOYEES PENSION BOARD



OTHER PRESENT:

          GP SRI JIMMY GEORGE , SRI M SASINDRAN SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22340 OF 2021
                                           3



                              JUDGMENT

Petitioners through the instant writ petition seeking directions to

the first respondent to pay the retirement benefits, gratuity etc., to

them and further directions to the seventh respondent to pay pension

to the petitioners as per the provisions of the self financing pension

scheme.

2. Counsel for the petitioners submits that petitioners entered

in the service of the first respondent on 7.6.1988 and after completing

27 years of satisfactory service, retired on 30.11.2014 and 30.10.2015

respectively. Several representations including Exts.P2 and P3 dated

23.10.2021 was submitted for payment of gratuity as well as the

retirement benefits. Amount of Rs.7,94,567/- and 9,56,337/-

respectively, is due and payable to the petitioners. Even respondent

passed the resolution vide Ext.P1 regarding payment of retirement

benefits and salary arrears to the petitioners but owing to the lack of

fund has not been disbursed. The pensionary benefits are not a bounty

but benefits to be enjoyed after the retirement. In the absence of the

same, the petitioners are facing acute financial hardship.

Without expressing any opinion on the merits of the matter, I WP(C) NO. 22340 OF 2021

dispose of the writ petition with a direction to the respondent Society

to take a call on the representations of the petitioners Exts.P2 and P3

for disbursement of pension and gratuity in accordance with law either

through virtual or physical mode within a period of 10 days from the

date of receipt of a certified copy of this judgment.

Respondent No.7, Kerala State Co-operative Employees Pension

Board is also directed to take an action in accordance with law against

the Society for realizing the dues of the employees for onward payment

to the retired employees. Let this exercise be undertaken within a

period of four months from the date of receipt of a certified copy of the

judgment.

Writ petition stands disposed of.

Sd/-

sab                                             AMIT RAWAL

                                                  JUDGE
 WP(C) NO. 22340 OF 2021


                  APPENDIX OF WP(C) 22340/2021

PETITIONER EXHIBITS

Exhibit P1            TRUE PHOTOCOPY OF THE RELEVANT PORTION OF
                      THE RESOLUTION OF THE SECOND RESPONDENT

DATED 14.10.2017 WITH ENGLISH TRANSLATION.

Exhibit P2 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 23.10.2021 SUBMITTED BY THE FIRST PETITIONER BEFORE THE RESPONDENTS 1 TO 5.

Exhibit P3 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 23.10.2021 SUBMITTED BY THE SECOND PETITIONER BEFORE THE RESPONDENTS 1 TO 5.

Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO.19951/2015 DATED 29.08.2016.