M. Premaprakasan vs State Of Kerala
2023 Latest Caselaw 6933 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                        WP(C) NO. 11493 OF 2023
PETITIONERS:

    1       M. PREMAPRAKASAN
            AGED 60 YEARS
            KONDIRAKALAM, CHORAKODE PERUVEMBA P.O., PALAKKAD DISTRICT.,
            PIN - 678531

    2       RAMACHANDRAN C V
            AGED 61 YEARS
            S/O E. SANKARAN NAIR, VELUTHEDATH HOUSE, VENGINISSERRY P.O,
            PARALAM, THRISSUR DISTRICT., PIN - 680563

    3       C SANKARA NARAYANAN
            AGED 61 YEARS
            S/O E. SASIDHARAN P, AIKKARA HOUSE, PULLAZHI P.O, THRISSUR
            DISTRICT., PIN - 680012

            BY ADVS.
            ARUN ROY
            ASWIN KUMAR M J
            R.NANDAGOPAL


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES AND
            COMMERCE DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695001, PIN - 695001

    2       KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD.
            (HANTEX)
            OOTTUKUZHY, THIRUVANATHAPURAM, REPRESENTED BY ITS MANAGING
            DIRECTOR, PIN - 695001

    3       MANAGING DIRECTOR
            KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD.
            (HANTEX)OOTTUKUZHY, THIRUVANATHAPURAM., PIN - 695001

            BY ADVS.
            PUBLIC PROSECUTOR
            N. RAGHURAJ

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.11493/2023                  -2-

                               JUDGMENT

This writ petition has been filed by the petitioners, former employees of

the 2nd respondent, seeking a direction for disbursal of wage arrears, terminal

leave surrender benefit, D.A and gratuity arrears. The 1 st petitioner retired on

30-01-2021, the 2nd petitioner retired on 29-02-2020 and the 3 rd petitioner

retired on 31-12-2020 from the service of the 2nd respondent.

2. Heard the learned counsel on either side.

3. Entitlement of the petitioners for the benefits as claimed is not

disputed. Respondents seek time to effect the payment; they seek for a

period of fifteen months.

Considering the submissions on either side, the writ petition is

disposed of directing the 2nd respondent to disburse the amounts payable to

the petitioners under the heads claimed expeditiously and at any rate within a

period of 12 months from the date of receipt of a certified copy of this

judgment.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF WP(C) 11493/2023 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 29/02/2016 BY THE 1ST RESPONDENT

Exhibit P2 A TRUE COPY OF THE ORDER NO. A1/ 619/PAY RVN/ 2004 DATED 25/06/2016

Exhibit P3 TRUE COPY OF THE ORDER H3/360/H.O.HANTEX/DA/2012 DATED 17/03/2021 PASSED BY THE 2ND RESPONDENT SOCIETY

Exhibit P4 TRUE COPY OF THE LEAVE SURRENDER BENEFIT SANCTIONED BY THE 2ND RESPONDENT SOCIETY FOR THE YEAR 2020-2021 DATED 15/04/2021

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22/09/2022 IN W.P (C) NO. 28930 OF 2022

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 17/11/2022 IN W.P (C) NO. 36247 OF 2022

Exhibit P7 TRUE COPY OF THE REPRESENTATION MADE BY THE 1STPETITIONER DATED 20/03/2023 FOR DISBURSAL WAGE ARREARS, TERMINAL LEAVE SURRENDER BENEFITS, LEAVE SURRENDER BENEFIT AS PER EXHIBIT P4 AND ARREARS OF GRATUITY IN VIEW OF EXHIBIT P3 ORDER AND DA ARREARS AS PER EXHIBIT P3 ORDER

Exhibit P8 TRUE COPY OF THE REPRESENTATION MADE BY THE 2NDPETITIONER DATED 20/03/2023 FOR DISBURSAL WAGE ARREARS, TERMINAL LEAVE SURRENDER BENEFITS, LEAVE SURRENDER BENEFIT AS PER EXHIBIT P4 AND ARREARS OF GRATUITY IN VIEW OF EXHIBIT P3 ORDER AND DA ARREARS AS PER EXHIBIT P3 ORDER

Exhibit P9 TRUE COPY OF THE REPRESENTATION MADE BY THE 3RDPETITIONER DATED 20/03/2023 FOR DISBURSAL WAGE ARREARS, TERMINAL LEAVE SURRENDER BENEFITS, LEAVE SURRENDER BENEFIT AS PER EXHIBIT P4 AND ARREARS OF GRATUITY IN VIEW OF EXHIBIT P3 ORDER AND DA ARREARS AS PER EXHIBIT P3 ORDER

Exhibit P10 TRUE COPY OF THE ORDER NO.PKD/DO/EST/RELIEVING ORDER/2020-21 OF THE 1ST PETITIONER DATED 30/01/2021 ACKNOWLEDGING THE RETIREMENT OF THE PETITIONER FROM THE 2ND RESPONDENT SOCIETY

Exhibit P11 TRUE COPY OF THE ORDER NO.PKD/DO/EST/RELIEVING ORDER/2019-20 OF THE 2NDPETITIONER DATED 29/02/2020 ACKNOWLEDGING THE RETIREMENT OF THE PETITIONER FROM THE 2ND RESPONDENT SOCIETY

Exhibit P12 TRUE COPY OF THE ORDER NO. PKD/DO/EST/RELIEVING ORDER/2020-21 OF THE 3RD PETITIONER DATED 31/12/2020 ACKNOWLEDGING THE RETIREMENT OF THE PETITIONER FROM THE 2ND RESPONDENT SOCIETY