Chandrasekharan. K vs The Abkari Workers Welfare Fund ...
2023 Latest Caselaw 1771 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944

                    WP(C) NO. 2900 OF 2023
PETITIONER/S:

            CHANDRASEKHARAN. K
            AGED 56 YEARS
            S/O. KUNJAPPAN K,
            SHILPI HOUSE, P.O. PEROLE, NEELESHWARAM,
            KASARGOD, PIN - 671314

            BY ADVS.
            THOMAS T.VARGHESE
            PHILIP T.VARGHESE
            ACHU SUBHA ABRAHAM
            V.T.LITHA
            K.R.MONISHA
            ALEX THOMAS
            ARJUN RAJA P.C.

RESPONDENT/S:

    1       THE ABKARI WORKERS WELFARE FUND BOARD
            REPRESENTED BY ITS CHIEF WELFARE FUND INSPECTOR
            ABKARI WORKERS WELFARE FUND BOARD OFFICE,
            THIRUVANANTHAPURAM, PIN - 695001

    2       THE WELFARE FUND INSPECTOR
            ABKARI WORKERS WELFARE FUND BOARD,
            OFFICE OF THE ABKARI WELFARE FUND INSPECTOR,
            KOZHIKODE, PIN - 670671


            SRI S KRISHNAMURTHY SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 2900 OF 2023

                                            2



                                     JUDGMENT

This writ petition is filed seeking the following relief:

(i) Issue a writ of mandamus or any other appropriate writ or direction to the respondents to consider Ext. P6 representation and pay the balance amounts legally due to the petitioner expeditiously.

2. Heard Sri. Philip T. Varghese, the learned counsel appearing for

the petitioner and Sri. Krishnamoorthy, the learned Standing Counsel, who

appeared for the respondents.

3. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the competent among the

respondents to take up, consider and pass appropriate

orders on Ext P6, in strict compliance with the procedure,

after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein and other

affected parties if any.

WP(C) NO. 2900 OF 2023

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of two months from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 2900 OF 2023

APPENDIX OF WP(C) 2900/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF IDENTITY CARD ISSUED BY THE REGISTERING AUTHORITY UNDER THE KERALA ABKARI WORKERS WELFARE FUND SCHEME

Exhibit P2 TRUE COPY OF THE STATEMENT SHOWING THE CONTRIBUTION TO THE KERALA ABKARI WELFARE FUND FOR THE YEAR 2011-2012 ISSUED BY THE WELFARE FUND

Exhibit P2a TRUE COPY OF THE STATEMENT SHOWING THE CONTRIBUTION TO THE KERALA ABKARI WELFARE FUND FOR THE YEAR 2012-2013 ISSUED BY THE WELFARE FUND INSPECTOR

Exhibit P2b TRUE COPY OF THE STATEMENT SHOWING THE CONTRIBUTION TO THE KERALA ABKARI WELFARE FUND FOR THE YEAR 2013-2014 ISSUED BY THE WELFARE FUND INSPECTOR

Exhibit P2c TRUE COPY OF THE STATEMENT SHOWING THE CONTRIBUTION TO THE KERALA ABKARI WELFARE FUND FOR THE YEAR 2014-2015 ISSUED BY THE WELFARE FUND INSPECTOR

Exhibit P2d TRUE COPY OF THE STATEMENT SHOWING THE CONTRIBUTION TO THE KERALA ABKARI WELFARE FUND FOR THE YEAR 2015-2016 ISSUED BY THE WELFARE FUND INSPECTOR

Exhibit P2e TRUE COPY OF THE STATEMENT SHOWING THE CONTRIBUTION TO THE KERALA ABKARI WELFARE FUND FOR THE YEAR 2016-2017 ISSUED BY THE WELFARE FUND INSPECTOR

Exhibit P2f TRUE COPY OF THE STATEMENT SHOWING THE CONTRIBUTION TO THE KERALA ABKARI WELFARE FUND FOR THE YEAR 2017-2018 ISSUED BY THE WELFARE FUND INSPECTOR WP(C) NO. 2900 OF 2023

Exhibit P2g TRUE COPY OF THE STATEMENT SHOWING THE CONTRIBUTION TO THE KERALA ABKARI WELFARE FUND FOR THE YEAR 2018-2019 ISSUED BY THE WELFARE FUND INSPECTOR

ExhibitP2h TRUE COPY OF THE STATEMENT SHOWING THE CONTRIBUTION TO THE KERALA ABKARI WELFARE FUND FOR THE YEAR 2019-2020 ISSUED BY THE WELFARE FUND INSPECTOR

Exhibit P3 TRUE COPY OF THE LETTER DATED 10.12.2020 ISSUED BY PETITIONER'S EMPLOYER, THE DIRECTOR, KAIRALI HERITAGE RESORT, KANNUR TO 2ND RESPONDENT

ExhibitP4 TRUE COPY OF THE APPLICATION DATED 3.04.2021 FILED BY PETITIONER BEFORE 1ST RESPONDENT

Exhibit P5 TRUE COPY OF THE ORDER NO. C/1290/2021 DATED 13.12.2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 20.07.2022 FILED BY PETITIONER BEFORE THE 2ND RESPONDENT