M.Koyakutty vs Kerala Khadi & Village Industries ...
2023 Latest Caselaw 8500 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                 THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
           Monday, the 7th day of August 2023 / 16th Sravana, 1945
                             WA NO. 1343 OF 2023
  AGAINST THE JUDGMENT DATED 31.01.2023 IN WP(C) 31602/2009 OF THIS COURT.
APPELLANT/PETITIONER IN THE W.P(C):

     M.KOYAKUTTY, ACCOUNTS OFFICER (RETD.), KERALA KHADI & VILLAGE
     INDUSTRIES BOARD, RESIDING AT THOUFEEK MANZIL, ERAVUKADU WARD,
     THIRUVAMPADY.P.O., ALAPUZHA, PIN - 688002.

BY ADVOCATES M/S.S.MUHAMMED HANEEFF, M.H.ASIF ALI & RAJANA JOSE

RESPONDENTS/RESPONDENTS IN THE W.P.(C) :

  1. KERALA KHADI & VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM,PIN -
     695013 REP. BY ITS SECRETARY.
  2. STATE OF KERALA, REP. BY ITS SECRETARY TO THE GOVERNMENT, INDUSTRIES
     (K) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001
  3. EMPLOYEES STATE INSURANCE CORPORATION, REP. BY ITS REGIONAL
     DIRECTOR, ESIC BHAVAN, NORTH SWARAJ ROUND, THRISSUR, PIN - 680020
  4. UNION OF INDIA, REP. BY ITS SECRETARY MINISTRY OF LABOUR, NEW DELHI,
     PIN - 110011

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the respondents 1 and 2 to provisionally refix the appellant's
monthly pension reckoning the service rendered by the appellant from
13.06.1978 to 10.06.1983 in ESI Corporation along with his service at 1st
Respondent Board, pending disposal of the above Writ Appeal.
     This Writ Appeal again coming on for orders on 07/08/2023 upon
perusing the appeal memorandum and this Court's order dated
26/07/2023, the court on the same day           passed the following:
        ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
    ==========================================
                 W.A. No.1343 of 2023
      [arising out of the impugned judgment dated 31.01.2023 in W.P.(C) No.31602/2009]
      ========================================
                       Dated this the 07th day of August, 2023

                                     ORDER

Admit writ appeal.

2. Sri.M.Sharafuddeen, learned Standing Counsel for the Kerala Khadi &

Village Industries Board, has taken notice for R-1 herein, learned Senior

Government Pleader has taken notice for R-2 State, Sri.T.V. Ajayakumar,

learned Standing Counsel for the Employees State Insurance Corporation (ESI),

has taken notice for R-3 and Sri.S. Manu, learned Deputy Solicitor General of

India, has taken notice for R-4 Union of India.

3. The learned counsel appearing for the petitioner will serve an

additional copy of the memorandum of this writ appeal to Sri.M.Sharafuddeen,

learned Standing Counsel for the Kerala Khadi & Village Industries Board,

appearing for R-1 and produce memo evidencing service of such notice.

List on 14.09.2023.

Hand over a copy of this order to both sides.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

C.JAYACHANDRAN, JUDGE Skk//07082023