S.Chandra Kumar vs The State Of Kerala
2022 Latest Caselaw 9445 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE AMIT RAWAL
         THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                          WP(C) NO. 27444 OF 2022


PETITIONER/S:
     1     S.CHANDRA KUMAR,
           AGED 68 YEARS
           S/O. SAHADEVAN, RESIDING AT THIRUVONAM,
           THEKKEVILA (P.O), KOLLAM DISTRICT.
           PIN - 691016.

     2       ABDUL MAJEED. K,
             AGED 68 YEARS, S/O. KUNHOTHI, RESIDING AT KANNARAMBATH
             HOUSE,CHOPANKANDI ROAD, NALLALAM (P.O),
             KOZHIKODE DISTRICT. PIN - 673027.

     3       B. CHANDRASEKHARAN NAIR,
             AGED 67 YEARS, S/O. BHASKARAN NAIR, RESIDING AT
             CHANDRAKALA,SANTHI NAGAR B-137, THIRUMALA (P.O),
             THIRUVANANTHAPURAM DISTRICT. PIN - 695006.

     4       S. JOY D'COSTA,
             AGED 67 YEARS, S/O. SESALEXANDER D'COSTA, RESIDING AT
             "KISHORE",
             R.C.STREET, BALARAMAPURAM (P.O),THIRUVANANTHAPURAM
             DISTRICT. PIN - 695501.

     5       A. S. KALYANIKUTTY,
             AGED 66 YEARS, W/O. BALAN, RESIDING AT MEPPULLY THAZHATH
             HOUSE,
             KAINOOR (P.O), THRISSUR DISTRICT. PIN - 680014.

     6       T. P. SUBHASH,
             AGED 65 YEARS, S/O. ANANDAN, RESIDING AT HOUSE NO.43,
             BALAJI NIVAS, K. K NAGAR, EDAYARPALAYAM (P.O),
             COIMBATORE. PIN - 641025.

     7       C. VIMALA,
             AGED 65 YEARS, W/O. RETNAKARAN, RESIDING AT KUNNATHU
             HOUSE,ARUNAPURAM (P.O), PALA,
             KOTTAYAM DISTRICT. PIN - 686574.
 WP(C) NO. 27444 OF 2022
                                  2



    8     G. ANANDAVALLI,
          AGED 66 YEARS, W/O. LATE ASOKAN, RESIDING AT GOPALA
          MANDIRAM,KAMUKINCODE, KODENGAVILA (P.O),
          THIRUVANANTHAPURAM DISTRICT. PIN - 695123.

    9     MADHAVIKUTTY. T,
          AGED 67 YEARS, W/O. VELAYUDHAN NAIR, RESIDING AT
          `PRASANTHAM',VAZHAVILA, NEMOM, OOKODE (P.O),
          THIRUVANANTHAPURAM DISTRICT. PIN - 695020.

          BY ADVS.
          JAWAHAR JOSE
          CISSY MATHEWS
          JAISON ANTONY
          EDWIN JOSEPH



RESPONDENT/S:

    1     THE STATE OF KERALA,
          REPRESENTED BY SECRETARY, INDUSTRIES AND COMMERCE
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM.
          PIN - 695001.

    2     HANDICRAFTS DEVELOPMENT CORPORATION OF KERALA
          LIMITED,
          REPRESENTED BY ITS MANAGING DIRECTOR, POST BOX
          NO.170, PUTHENCHANTHAI,
          THIRUVANANTHAPURAM. PIN - 695001.

          Sr.G.P SRI.V.K SUNIL, SMT. LATHA ANAND, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27444 OF 2022
                                        3

                              JUDGMENT

The petitioners have approached this Court seeking the

following reliefs:

i. Issue a writ in the nature of mandamus, directing the 2nd respondent tot disburse the amount of interest @10, as directed in Exhibits-P1,P2P3,P4,P5,P6,P7,P8 and P9 notices/certificates, in respect of the petitioners, within a shorter period, to be determined by this Hon'ble Court.

ii. Issue a writ in the nature of mandamus, directing the 2 nd respondent to disburse the differential amount of gratuity, with respect to the petitioners6,7 and 8, as the said petitioner were not disbursed the full gratuity amount as determined by the Controlling Authority in Exhibits-P6,P7 and P8 notices/certificates.

iii. Issue a writ in the nature of Mandamus, directing the 2 nd respondent to pay the eligible amount of "leave surrender" with 10% interest, in respect of petitioners 3, 6 and 8 from their respective date of retirement.

iv. Declare that the 2nd respondent cannot delay the payment of interest @ 10%, as directed inn Exhibits-P1, P2, P3, P4, P5, P6, P7, P8and P9, notices/certificates, as the said payment is a retiral benefit which is statutory, as per Section 7(3A) of the Payment of Gratuity Act.

v. Declare that the 2nd respondent cannot delay the payment of "interest" on gratuity, on account of financial constraints.

vi Declare that the 2 nd respondent cannot deny the eligible amount of leave surrender, in respect of petitioners 3,6 and 8, on account of financial constraints.

vi. Issue a writ in the nature of mandamus, directing the 1 st respondent to supervise the 2nd respondent, with respect to the payment of retiral befits to its employees, particularly when the Controlling Authority has issued Exhibits-P1, P2, P3, P4, P5, P6, P7, P8 and P9 notices/certificates after due statutory enquiry.

WP(C) NO. 27444 OF 2022

Vii. Declare that the 1st respondent who is having administrative superintendence over the affairs of the 2nd respondent, is legally obliged to satisfy themselves that the 2 nd respondent is complying with their statutory obligations to their retired employees.

Viii. Issue a writ in the nature of mandamus, directing the 2 nd respondent not to disburse the retiral benefits to other retired employees, who were retired subsequent to the retirement of the petitioners, till the retiral benefits of the petitioners are fully paid.

2. Concededly, the Division Bench of this Court in the

judgment dated 28.10.2020 had kept intact the interest of the other

retired employees by issuing the following directions.

I. The amount due to the retired employees shall be paid within a period of three months from the date of receipt of a copy of this judgment.

II. The additional 3rd respondent shall take immediate steps to ensure that sufficient fund is released to the 1 st respondent to enable them to pay the aforesaid amount due to the retired employee.

III. Until such payments are made, the Managing Director and the Managers shall not be paid their full salary. The persons in Managerial cadre including the Managing Director shall receive only 25% of their salary.

3. The aforementioned directions were modified vide

subsequent order on 22.12.2020 vide Ext.P10(b). It has been

informed that the petitioners have not been paid their full gratuity

and they are remediless and therefore approached this Court. I am

afraid, the aforementioned argument is not acceptable as the

directions of this Court had inuring effect and since it is pending, WP(C) NO. 27444 OF 2022

petitioners are at liberty to move an appropriate application in

accordance with law.

With the aforementioned observation, writ petition stands

dismissed.

Sd/-

sab                                       AMIT RAWAL

                                            JUDGE
 WP(C) NO. 27444 OF 2022


                      APPENDIX OF WP(C) 27444/2022

PETITIONER EXHIBITS

Exhibit P1            RUE COPY OF THE NOTICE/CERTIFICATE DATED 22-1-2020

ISSUED BY THE CONTROLLING AUTHORITY TO THE 2ND RESPONDENT WITH RESPECT TO THE PAYMENT OF GRATUITY AND INTEREST AS REGARDS THE 1ST PETITIONER.

Exhibit P1 A TRUE COPY OF THE REPRESENTATION DATED 6-6-2022 SUBMITTED BY THE 1ST PETITIONER TO THE MANAGING DIRECTOR OF THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE NOTICE/CERTIFICATE DATED 22-1-2020 ISSUED BY THE CONTROLLING AUTHORITY TO THE 2ND RESPONDENT WITH RESPECT TO THE PAYMENT OF GRATUITY AND INTEREST AS REGARDS THE 2ND PETITIONER.

Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 4-6-2020 SUBMITTED BY THE 1ST PETITIONER TO THE MANAGING DIRECTOR OF THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE NOTICE/CERTIFICATE DATED 22-1-2020 ISSUED BY THE CONTROLLING AUTHORITY TO THE 2ND RESPONDENT WITH RESPECT TO THE PAYMENT OF GRATUITY AND INTEREST AS REGARDS THE 3RD PETITIONER.

Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 13-6-2022 SUBMITTED BY THE 1ST PETITIONER TO THE MANAGING DIRECTOR OF THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE NOTICE/CERTIFICATE DATED 22-1-2020 ISSUED BY THE CONTROLLING AUTHORITY TO THE 2ND RESPONDENT WITH RESPECT TO THE PAYMENT OF GRATUITY AND INTEREST AS REGARDS THE 4TH PETITIONER.

Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 3-6-2022 SUBMITTED BY THE 1ST PETITIONER TO THE MANAGING DIRECTOR OF THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE NOTICE/CERTIFICATE DATED 22-1-2020 ISSUED BY THE CONTROLLING AUTHORITY TO THE 2ND RESPONDENT WITH RESPECT TO THE PAYMENT OF GRATUITY AND INTEREST AS REGARDS THE 5TH PETITIONER WP(C) NO. 27444 OF 2022

Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 7-6-2022 SUBMITTED BY THE 1ST PETITIONER TO THE MANAGING DIRECTOR OF THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE NOTICE/CERTIFICATE DATED 22-1-2020 ISSUED BY THE CONTROLLING AUTHORITY TO THE 2ND RESPONDENT WITH RESPECT TO THE PAYMENT OF GRATUITY AND INTEREST AS REGARDS THE 6TH PETITIONER.

Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 5-6-2022 SUBMITTED BY THE 1ST PETITIONER TO THE MANAGING DIRECTOR OF THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE NOTICE/CERTIFICATE DATED 22-1-2020 ISSUED BY THE CONTROLLING AUTHORITY TO THE 2ND RESPONDENT WITH RESPECT TO THE PAYMENT OF GRATUITY AND INTEREST AS REGARDS THE 7TH PETITIONER.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 14-6-2022 SUBMITTED BY THE 1ST PETITIONER TO THE MANAGING DIRECTOR OF THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE NOTICE/CERTIFICATE DATED 22-1-2020 ISSUED BY THE CONTROLLING AUTHORITY TO THE 2ND RESPONDENT WITH RESPECT TO THE PAYMENT OF GRATUITY AND INTEREST AS REGARDS THE 8TH PETITIONER.

Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 7-6-2022 SUBMITTED BY THE 1ST PETITIONER TO THE MANAGING DIRECTOR OF THE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF THE NOTICE/CERTIFICATE DATED 22-1-2020 ISSUED BY THE CONTROLLING AUTHORITY TO THE 2ND RESPONDENT WITH RESPECT TO THE PAYMENT OF GRATUITY AND INTEREST AS REGARDS THE 9TH PETITIONER.

Exhibit P9 A TRUE COPY OF THE REPRESENTATION DATED 7-6-2022 SUBMITTED BY THE 1ST PETITIONER TO THE MANAGING DIRECTOR OF THE 2ND RESPONDENT.

Exhibit P9 B TRUE COPY OF THE STATEMENT FILED BY THE 2ND RESPONDENT IN W.P (C) NO.29028/2019 BEFORE THIS HON'BLE COURT.

WP(C) NO. 27444 OF 2022

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 5-3-2020 IN W.P (C) NO. 29028/2019 OF THIS HON'BLE COURT.

Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 28-10-2020 IN W.A NO. 666/2020 OF THIS HON'BLE COURT.

Exhibit P10 B TRUE COPY OF THE ORDER DATED 22-12-2020 IN R.P NO.960/2020 OF THIS HON'BLE COURT.