Dolly.A.K vs The Factory Manager
2023 Latest Caselaw 455 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                      WP(C) NO. 41622 OF 2022
PETITIONER:
           DOLLY.A.K, AGED 59 YEARS, W/O.THOMAS JOSEPH
           "GANAPATHY PLACKAL", PAIKA, POOVARANI.P.O.,
           POOVARANY, KOTTAYAM, KERALA-686577
           NOW WORKING IN WEST AUSTRALIA
           REPRESENTED BY HER POWER OF ATTORNEY
           JOSEPH G TOM, S/O THOMAS JOSEPH, AGED 30 YEARS,
           RESIDING AT "GANAPATHY PLACKAL", PAIKA,
           POOVARANI.P.O., POOVARANY,
           KOTTAYAM, KERALA., PIN - 686577

          BY ADV THIRUMALA P.K.MANI


RESPONDENTS:
     1     THE FACTORY MANAGER, INDIAR CRUMB RUBBER FACTORY,
           PULIAYANNOOR P.O. PALA, KOTTAYAM, PIN - 686573

    2     THE FACTORY MANAGEMENT COMMITTEE
          REPRESENTED BY ITS FACTORY MANAGER
          INDIAR CRUMB RUBBER FACTORY
          PULIAYANNOOR P.O.PALA, PIN - 686573

    3     PALA MARKETING CO-OPERATIVE SOCIETY LTD
          REPRESENTED BY ITS MANAGING DIRECTOR IN CHARGE
          MEENACHIL, PALA,
          KOTTAYAM, PIN - 686575

    4     THE PRESIDENT, PALA MARKETING CO-OPERATIVE SOCIETY LTD
          MEENACHIL, PALA, KOTTAYAM, MEENACHIL, PALA,
          KOTTAYAM, PIN - 686575

          BY ADVS.
          ELIZEBATH GEORGE
          SUJITH MATHEW JOSE(K/000486/1992)
          EMMANUEL CYRIAC(K/707/2019)

          SRI SUJITH MATHEW JOSE-R1 TO R4


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41622 OF 2022
                                2

                            JUDGMENT

The petitioner says that he retired from

the services of the 3rd respondent - Society on

31.07.2021 and that an amount of Rs.5,60,287/-

is due to her towards arrears of salary and

Dearness Allowance, along with another amount

of Rs.9,61,478/- towards gratuity and leave

surrender and such other, from the year 2016.

She, therefore, prays that competent among the

respondents be directed to disburse to her the

above said amounts, within a time frame to be

fixed by this Court.

2. The afore submissions of Sri.Thirumala

P K. Mani were, however, opposed by Sri.Sujith

Mathew Jose - learned Standing Counsel for

respondents 1 to 4, saying that the amounts as

now claimed by the petitioner are not accurate

and that a proper quantification requires to be

done. He submitted that it is only, thereafter, WP(C) NO. 41622 OF 2022

can disbursement of the same be ordered in

favour of the petitioner.

3. When I consider the afore submissions,

it is clear that as of now, the petitioner has

made a claim which has been controverted by the

respondents. However, they admit that they have

not quantified her claims in any manner and I

am, therefore, of the firm view that it will

require to be done quickly, so that necessary

amounts can be disbursed to her without any

avoidable delay.

Resultantly:

a) The competent among respondents are

directed to hear the petitioner immediately and

quantify the eligible amounts taking note of

her claim; thus culminating in an appropriate

proceedings, within a period of two months from

the date of receipt of a copy of this judgment.

This shall be done, after affording

the petitioner or her authorised WP(C) NO. 41622 OF 2022

representative/Power of Attorney an opportunity

of being heard.

b) On the amount being so quantified, the

competent among respondents will ensure -

subject to the right of the petitioner to

challenge it in any manner - that said amounts

are disbursed to her, within a period of two

months thereafter.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 41622 OF 2022

APPENDIX OF WP(C) 41622/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE POWER OF ATTORNEY DATED 16.11.2022 EXECUTED BY THE PETITIONER IN FAVOUR OF HER SON, JOSEPH. G. TOM AND ATTESTED BY THE CONSULATE GENERAL OF INDIA, PERTH, WESTERN AUSTRALIA

Exhibit P2 TRUE PHOTOCOPY OF THE IDENTITY CARD OF THE PETITIONER ISSUED BY THE 1ST RESPONDENT

Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO.EM(4) 39417/2011 DATED 03.02.2012 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES KERALA W.E.F 01.04.2002 REVISION OF PAY AND ALLOWANCES OF EMPLOYEES OF INDIAR CRUMB RUBBER FACTORY

Exhibit P4 TRUE COPY OF THE LAST REPRESENTATION DATED 07.03.2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT WITH COPIES TO THE OTHER RESPONDENTS

Exhibit P5 TRUE PHOTOCOPY OF THE FIXED DEPOSIT RECEIPT DEPOSITED BY THE PETITIONER WITH THE 3RD RESPONDENT FOR AN AMOUNT OF RS.1,47,008.00