Kerala High Court
C.Maniappan vs M/S.Matsyafed on 3 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
WP(C) NO. 35121 OF 2022
PETITIONER/S:
C.MANIAPPAN, AGED 59 YEARS, C/O CHELLAPPAN,
RESIDING AT VISAKAM, KOMANA, AMBALAPUZHA, ALAPPUZHA
DISTRICT, KERALA - 688 561
GEORGE POONTHOTTAM (SR.)
NISHA GEORGE
REGINALD VALSALAN
RESPONDENTS:
1 MATSYAFED ,
(KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT LTD), KAMALESHWARAM, MANAKKAD P.O,
THIRUVANANTHAPURAM-695 009.
2 THE MANAGING DIRECTOR,
MATSYAFED, (KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD), KAMALESHWARAM, MANAKKAD
P.O., THIRUVANANTHAPURAM - 695 009.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2022, ALONG WITH WP(C).35141/2022, 35181/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35121 OF 2022 con.cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA,
1944
WP(C) NO. 35141 OF 2022
PETITIONER:
K.SAJEEVAN., AGED 60 YEARS
S/O. KUTTAPPAN, RESIDING AT LAKSHMI BHAVAN,
PUNNAPARA P.O., ALAPPUZHA DISTRICT, KERALA -
688 004.
GEORGE POONTHOTTAM (SR.)
NISHA GEORGE
REGINALD VALSALAN
RESPONDENTS:
1 MATSYAFED ,
(KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD), KAMALESHWARAM,
MANAKKAD P.O, THIRUVANANTHAPURAM-695 009.
2 THE MANAGING DIRECTOR,
MATSYAFED, (KERALA STATE CO-OPERATIVE
FEDERATION FOR FISHERIES DEVELOPMENT LTD),
KAMALESHWARAM, MANAKKAD P.O.,
THIRUVANANTHAPURAM - 695 009.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2022, ALONG WITH WP(C).35121/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 35121 OF 2022 con.cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA,
1944
WP(C) NO. 35181 OF 2022
PETITIONER:
M.MOHAMMED SHEREEF, AGED 60 YEARS
S/O. H. MOIDEEN KUNJU, RESIDING AT SHIFA
(THACHEZHATHU), VANDANAM P.O., ALAPPUZHA
DISTRICT KERALA-688 004.
GEORGE POONTHOTTAM (SR.)
NISHA GEORGE
REGINALD VALSALAN
RESPONDENTS:
1 MATSYAFED,
(KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD), KAMALESHWARAM,
MANAKKAD P.O, THIRUVANANTHAPURAM-695 009.
REPRESENTED BY MANAGING DIRECTOR .
2 THE MANAGING DIRECTOR,
MATSYAFED, (KERALA STATE CO-OPERATIVE
FEDERATION FOR FISHERIES DEVELOPMENT LTD),
KAMALESHWARAM, MANAKKAD P.O.,
THIRUVANANTHAPURAM - 695 009.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2022, ALONG WITH WP(C).35121/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 35121 OF 2022 con.cases
4
JUDGMENT
[WP(C) Nos.35121/2022, 35141/2022, 35181/2022]
These matters have been listed today for admission,
but it is conceded by the learned counsel on both sides that
all the issues impelled - both factual and legal - have been
decided by the learned Division Bench of this Court in Writ
Appeal No.1137/2022 - a certified copy of which judgment
has been produced on record as Ext.P9.
2. Taking note of the afore submissions and since the
petitioner is stated to be identically situated as the appellant
in Writ Appeal No.1137/2022, I allow these writ petitions
and direct the Society to pay them all eligible retiral benefits
within a period of one month from the date of receipt of a
copy of this judgment.
As ordered in Ext.P9 judgment, it will be open to the
first respondent - Society, after the determination by the
arbitrator on the question of the petitioner's liability, to
proceed against them, in case the arbitrator holds so.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 35121 OF 2022 con.cases
APPENDIX OF WP(C) 35141/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE INSPECTION REPORT DATED
03.07.2019 SUBMITTED BEFORE THE 2ND
RESPONDENT.
Exhibit P2 TRUE COPY OF THE SHOW CAUSE NOTICE NO.
MATSYAFED/E1/2267/19 DATED 26.02.2020
ISSUED TO THE PETITIONER BY THE 2ND
RESPONDENT.
Exhibit P3 TRUE COPY OF THE EXPLANATION/REPLY TO THE
SHOW CAUSE NOTICE SUBMITTED BY THE
PETITIONER DATED NIL BEFORE THE 2ND
RESPONDENT.
Exhibit P4 TRUE COPY OF THE COMMUNICATION
NO.MATSYAFED/E1/2267/19 DATED 01.06.2020
ISSUED BY THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE SUB COMMITTEE REPORT
DATED 26.05.2021.
Exhibit P6 TRUE COPY OF THE DECISION NO. 2/21 TAKEN
BY THE MANAGING COMMITTEE DATED
02.06.2021.
Exhibit P7 TRUE COPY OF THE INSPECTION REPORT
SUBMITTED BY THE FINANCIAL AUDIT WING
DATED NIL.
Exhibit P8 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF THE JUDGEMENT IN WA.NO 1137
OF 2022 DATED 25.08.2022 PASSED BY THIS
HON'BLE COURT.
WP(C) NO. 35121 OF 2022 con.cases
APPENDIX OF WP(C) 35181/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE INSPECTION REPORT DATED
03.07.2019 SUBMITTED BEFORE THE 2ND
RESPONDENT.
Exhibit P2 TRUE COPY OF THE SHOW CAUSE NOTICE NO.
MATSYAFED/E1/2267/19 DATED 26.02.2020
ISSUED TO THE PETITIONER BY THE 2ND
RESPONDENT.
Exhibit P3 TRUE COPY OF THE EXPLANATION/REPLY TO
THE SHOW CAUSE NOTICE SUBMITTED BY THE
PETITIONER DATED 06.03.2020 BEFORE THE
2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE COMMUNICATION
NO.MATSYAFED/E1/2267/19 DATED 01.06.2020
ISSUED BY THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE SUB COMMITTEE REPORT
DATED 26.05.2021.
Exhibit P6 TRUE COPY OF THE DECISION NO. 2/21 TAKEN
BY THE MANAGING COMMITTEE DATED
02.06.2021.
Exhibit P7 TRUE COPY OF THE INSPECTION REPORT
SUBMITTED BY THE FINANCIAL AUDIT WING
DATED NIL.
Exhibit P8 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF THE JUDGEMENT IN WA.NO 1137
OF 2022 DATED 25.08.2022 PASSED BY THIS
HON'BLE COURT.
