Managing Director vs K.Sivankutty
2022 Latest Caselaw 5240 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
                                     &
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
           Friday, the 13th day of May 2022 / 23rd Vaisakha, 1944
                             WA NO. 584 OF 2022

    AGAINST JUDGMENT DATED 15.12.2021 IN WP(C) 28885/2021 OF THIS COURT

                                   ---

APPELLANT/2ND RESPONDENT IN W.P.(C):

     MANAGING DIRECTOR, KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE
     SOCIETY LTD .,(HANTEX), OOTTUKUZHY, THIRUVANANTHAPURAM-695 001.

BY ADV.SRI.N.RAGHURAJ

RESPONDENTS/PETITIONERS & 1ST RESPONDENT IN W.P.(C):

  1. K.SIVANKUTTY,AGED 65 YEARS, RETD.SKILLED WORKER, HANTEX, RESIDING AT
     UTHRADOM, PAPPADU, NETTAYAM, THIRUVANANTHAPURAM-695 015.
  2. P.V.SURESHKUMAR, RETD. U.D.CLERK, HANTEX, T.C.NO.22/2847, SANKAR
     ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 018.
  3. N.ABUDL SALAM, RETD.SEMI-SKILLED WORKER, HANTEX, VARUVILAKATHU
     VEEDU, PAPPANAMCODU, THIRUVANATHAPURAM-695 018.
  4. RAMESAN, RETD.SEMISKILLED WORKER, HANTEX, KUMBALAMTHURUTHU HOUSE,
     EZHIKKARA P.O., NORTH PARAVUR, ERNAKULAM-683 513.
  5. S.MUHAMMED BASHEER, RETD. SKILLED WORKER, HANTEX, SHIFNA MANZIL,
     NEAR ST.THOMAS U.P.SCHOOL, PUTHENCODU, THIRUVANANTHAPURAM-695 017
  6. S.MOHANCHANDRAN NAIR, RETD. SKILLED WORKER, HANTEX, THIRUVONAM,
     KOOVALASSERI P.O., THIRUVANANTHAPURAM-595 512.
  7. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES
     & COMMERCE DEPARTMENT, THIRUVANANTHAPURAM-695 001.

BY GOVERNMENT PLEADER FOR R7.

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of the Judgment dated 15.12.2021
in W.P.(C) No.28885 of 2021.
     This Writ Appeal coming on for admission on 13.05.2022 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                    P.T.O.
               V.G.ARUN & P.G. AJITHKUMAR, JJ.
     -----------------------------------------------------------
                       W.A.No.584 of 2022
     -----------------------------------------------------------
              Dated this the 13th day of May, 2022

                              ORDER

V.G.Arun, J.

The learned counsel for the appellant submits that the

retirement benefits due to respondents 1 to 5 was disbursed

within time. It is submitted that in the Writ Petition it was

averred that all the petitioners had retired during the period 2012

to 2015; whereas the 6th respondent had retired only in the year

2021. It is submitted that after receiving funds from the

Government, the appellant formulated a scheme for disbursal of

retirement benefits, based on the date of retirement of the

employees. As the 6th respondent retired only in the year 2021,

the benefit due to him cannot be disbursed within the time

stipulated in the judgment.

We find substantial merit in the submissions of the learned

counsel for the appellant. More so, since the impugned judgment

was rendered without issuing notice to the appellant.

Hence, there shall be an interim stay of operation of the

W.A.No.584 of 2022

judgment for two months, to the extent it directs disbursal of

the retirement benefits due to the 6th respondent.

Admit.

Issue notice to the 6th respondent by speed post.

The learned Government Pleader takes notice for the 7 th

respondent.

Notice to respondents 1 to 5 is dispensed with for the

time being.

Sd/-

V.G.ARUN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr

13-05-2022 /True Copy/ Assistant Registrar