The Kerala Motor Trnsport Workers ... vs Somasundaran Pillai
2023 Latest Caselaw 6265 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                 THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
           Monday, the 12th day of June 2023 / 22nd Jyaishta, 1945
                             WA NO. 1101 OF 2023
  AGAINST THE JUDGMENT DATED 23/03/2023 IN WP(C) 8507/2015 OF THIS COURT.
APPELLANTS/RESPONDENTS 2 & 3 :

  1. THE KERALA MOTOR TRNSPORT WORKERS WELFARE FUND BOARD, REPRESENTED BY
     ITS CHIEF EXECUTIVE OFFICER, KOLLAM, PIN - 691001
  2. THE DISTRICT OFFICER, KERALA MOTOR TRANSPORT WORKERS WELFARE FUND
     BOARD,PATHANAMTHITTA, PIN - 689645

  BY ADVOCATE SRI. PRATHEESH.P.

RESPONDENTS/WRIT PETITIONER & RESPONDENTS 1 & 4:

  1. SOMASUNDARAN PILLAI, S/O.RAHAVA KURUP,MEACHI HOUSE, V-KOTTAYAM P.O,
     PATHANAMTHITTA., PIN - 689656
  2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT
     OF LABOUR, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
  3. V.S.GEORGE ,VALIPLACKAL HOUSE, PATHANAMATHITTA P.O, PATHANAMTHITTA ,
     PIN - 689645

 BY ADVOCATE SRI. GEORGE SEBASTIAN   FOR R1

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to set aside the Judgment dated 23.03.2023 and dismiss the Writ Petition
in toto.
     This Writ Appeal coming on for orders on 12/06/2023 upon perusing
the appeal memorandum, the court on the same day passed the following:
       ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
               =========================
                        W.A. No. 1101 of 2023
        (Arising out of impugned judgment dated 23.03.2023 in
                         W.P.(C)No.8507 of 2015)
               =========================
              Dated this the 12th day of June, 2023

                                ORDER

Alexander Thomas, J.

Admit W.A.

2. Issue notice to R1 and R3 by speed post, returnable within

two weeks. Sri. K.P.Harish, learned Senior Government Pleader

takes notice for R2, the State of Kerala.

3. It is urged by Sri. P.Pratheesh, learned Standing Counsel

appearing for the Kerala Motor Transport Workers Welfare Fund

Board herein, i.e., the appellant, that in the instant case, the 1 st

respondent was engaged as a driver of the bus service run by R3

employer for the period from 2005-2010. Thereafter, R3 employer

had surrendered the permit to run the bus and thus it appeared that

R1 (driver) discharged from service in 2010 and at that time he was

only 57 years of age. It is true that the employer had made

contribution as per the scheme and Section 2(1)(i)(o) of the Kerala

Motor Transport Workers Welfare Fund Board Act, defines

superannuation means termination of service of an employee by the

employer or any other authorities so authorised when the employee W.A. No. 1101 of 2023

reaches the age of sixty. Only in the event of superannuation can the

appellants disburse the ex-gratia amount to the driver concerned. In

the instant case, the superannuation process has not occurred and R1

was discharged from service prior to the superannuation and hence

according to the appellants, he is not entitled to the ex-gratia

payment. Further that, subsequently, an amendment has been made

to the above said Act, whereby, Section 2(1)(i)(o) of the Act has been

amended by allowing grant of ex-gratia benefits to those employees

who had suffered termination of service even before the age of 60

years. The said amendment is prospective only from 2016 and hence

same cannot regulate the case of the writ petitioner, who was

discharged from service in 2010.

4. Taking note of the submissions, we find that a strong prima

facie case is made out by the appellants. Since the appellants

apprehend issuance of contempt of case proceedings by the writ

petitioner for enforcement of the impugned verdict, the balance of

convenience can also be kept in favour of the appellants. Accordingly

it is ordered that the operation of impugned judgment dated W.A. No. 1101 of 2023

23.03.2023 rendered by the learned Single Judge of this Court in

W.P.(C)No.8507/2015 will remain stayed and it shall be kept in

abeyance. This interim order will be in force for a period of six

weeks.

5. It appears that it is admitted in paragraph No.2 of the W.P.

(C) that the employee' contribution has already been paid by the

appellants to the 1st respondent. Learned Standing Counsel for the

appellants will get instructions from the appellants as to whether the

employer has made any contribution and whether the said amount

can also be disbursed to the 1st respondent possibly with interest.

List the case on 11.07.2023.

H/o.

Sd/-

ALEXANDER THOMAS JUDGE

Sd/-

C.JAYACHANDRAN JUDGE uu/12.06.2023