Kerala State Road Transport ... vs Nixy James
2023 Latest Caselaw 4484 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR.JUSTICE S.V.BHATTI
                                   &
               THE HONOURABLE MR.JUSTICE BASANT BALAJI
     WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                          W.A. NO.681 OF 2023

AGAINST THE JUDGMENT DATED 17.02.2023 OF HIGH COURT OF KERALA IN
WP(C) 5288/2023.
APPELLANTS/RESPONDENTS:

     1     KERALA STATE ROAD TRANSPORT CORPORATION,
           REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
           FORT, THIRUVANANTHAPURAM-695023

     2     MANAGING DIRECTOR,
           KERALA STATE ROAD TRANSPORT CORPORATION,
           REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
           FORT, THIRUVANANTHAPURAM-695023

     3     THE FINANCIAL ADVISOR & CHIEF ACCOUNT OFFICER,
           KERALA STATE ROAD TRANSPORT CORPORATION,
           REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
           FORT, THIRUVANANTHAPURAM-695023

     4     ADMINISTRATIVE OFFICER,
           PF SECTION, KERALA STATE ROAD TRANSPORT CORPORATION,
           REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
           FORT, THIRUVANANTHAPURAM-695023

           EECUTIVE DIRECTOR (ADMINISTRATION),
           KERALA STATE ROAD TRANSPORT CORPORATION,
           REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
           FORT, THIRUVANANTHAPURAM, PIN - 680021

     6     THE DISTRICT OFFICER FOR THRISSUR,
           KERALA STATE ROAD TRANSPORT CORPORATION,
           THRISSUR DEPOT, PIN - 682001

     7     DISTRICT TRANSPORT OFFICER,
           KERALA STATE ROAD TRANSPORT CORPORATION,
           THRISSUR DEPOT, PIN - 682001
                                -2-
W.A. NO.681 OF 2023

            BY ADVS.
            DEEPU THANKAN
            UMMUL FIDA
            LAKSHMI SREEDHAR
            LEKSHMI P. NAIR
            NAMITHA K.M.



RESPONDENTS/PETITIONERS:

     1     NIXY JAMES,
           AGED 48 YEARS
           W/O. SIBY PHILIP, SUPERINTENDENT, KERALA STATE ROAD
           TRANSPORT CORPORATION, DISTRICT OFFICE, THRISSUR
           (RESIDING AT NELLIKUNNATH HOUSE, CHIYYARAM.P.O.,
           SAAVERY STREET THRISSUR), PIN - 680026

     2     DIVYA A.S,
           AGED 43 YEARS
           W/O PRADEEP KUMAR P P, SUPERINTENDENT, KERALA STATE
           ROAD TRANSPORT CORPORATION, DISTRICT OFFICE,
           THRISSUR (RESIDING AT PARAMBEN HOUSE, MELOOR.P.O.,
           KALLUKUTHY, THRISSUR ), PIN - 680311

     3     VIMALA T.,
           AGED 49 YEARS
           W/O. SURENDREN, ASSISTANT, KERALA STATE ROAD
           TRANSPORT CORPORATION, DISTRICT OFFICE, THRISSUR
           (RESIDING AT 'DEVAYANAM', VENGANELLOOR.P.O.,
           CHELAKKARA (VIA) THRISSUR, PIN - 680586

           BY ADV K.P.JUSTINE (KARIPAT)

     THIS WRIT APPEAL      HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT       ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                       -3-
W.A. NO.681 OF 2023

                  S.V. BHATTI & BASANT BALAJI, JJ.
              --------------------------------------------------
                         W.A. No.681 of 2023
              --------------------------------------------------
              Dated this the 12th day of April, 2023

                               JUDGMENT

S.V. BHATTI, J.

This writ appeal is filed by the appellants challenging the

judgment dated 17.02.2023 in W.P.(C) No.5288 of 2023

passed by the learned Single Judge of this Court.

2. The appellants and the respondents herein are the

respondents and the petitioners in the above said writ petition.

The writ petitioners are employees of the Corporation. They

approached the learned Single Judge with a direction to the

Corporation to disburse the temporary advance of Provident

Fund and the learned Single Judge disposed of the writ

petition with a direction to the Corporation to disburse the

Provident Fund advance in three months.

3. The learned Standing Counsel appearing for the

appellants submits that even without verifying the

applications, the learned Single Judge ordered disbursal of the

W.A. NO.681 OF 2023

Provident Fund. It is submitted that if proper applications are

filed, it would be considered on time in accordance with rules.

4. Having considered the facts and circumstances of the

case, we order the following;

a) If no applications have been received from the respondents, it shall be intimated to the respondents within a period of three days.

b) The respondents, if the applications are not filed, shall file the same within a period of ten days.

c) If such applications are filed, the same shall be considered by the appellants within a period of two weeks thereafter.

d) If the applications are allowed, the Provident Fund shall be disbursed without any delay, at any rate, within a period of two months thereafter.

The appeal is disposed of as above.

Sd/-

S.V. BHATTI JUDGE

Sd/-

BASANT BALAJI JUDGE bpr