Antony Jacob vs Aralam Farming Corporation ...
2023 Latest Caselaw 5810 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                 THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
          Wednesday, the 24th day of May 2023 / 3rd Jyaishta, 1945
                              WA NO. 10 OF 2023
  AGAINST THE JUDGMENT DATED 19.12.2022 IN WP(C) 40008/2022 OF THIS COURT
APPELLANTS/PETITIONERS:

  1. ANTONY JACOB, AGED 59 YEARS S/O. JACOB, MUSTER WORKER, ARALAM FARM,
     ARALAM FARMING CORPORATION (KERALA) LIMITED, RESIDING AT
     THATTARASSERI HOUSE, PUTHIYANGADI, KIZHPALLY P.O., PIN -
     670673, KANNUR DISTRICT.
  2. SANTHOSH JOSEPH,   S/O. JOSEPH,AGED 54 YEARS, SECURITY GUARD, ARALAM
     FARM, ARALAM FARMING CORPORATION (KERALA) LIMITED, RESIDING AT
     UTHIRAKKUDSDUMAKAL HOUSE, PALARINJAL, KEEZHPALLY P.O, PIN - 670704.
  3. T.M MATHEW,   S/O. MATHAN, AGED 55 YEARS, MUSTER WORKER ARALAM FARM,
     ARALAM FARMING CORPORATION (KERALA) LIMITED, RESIDING AT
     THAIPARAMBIL HOUSE, VATTAPARAMPA KEEZHPALLY. P.O., PIN - 670704.

    BY ADV.SRI.R.SURENDRAN.

RESPONDENTS/RESPONDENTS:

  1. ARALAM FARMING CORPORATION (KERALA) LIMITED, AP-VII/270 ARALAM
     FARM.P.O., KANNUR DISTRICT, PIN 670703, REPRESENTED BY THE MANAGING
     DIRECTOR, ARALAM FARMING CORPORATION (KERALA) LIMITED AP-VII/270
     ARALAM FARM.P.O., KANNUR DISTRICT, PIN - 670703.
  2. THE CHAIRMAN, (DISTRICT COLLECTOR, KANNUR), ARALAM FARMING
     CORPORATION (KERALA) LIMITED, COLLECTORATE, KANNUR, PIN - 670102.
  3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
     SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
  4. SECRETARY TO THE GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT,
     THIRUVANANTHAPURAM, PIN - 695001.
  5. SECRETARY TO THE GOVERNMENT, SCHEDULED CASTE/ SCHEDULED TRIBES
     DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
     695001.

     BY ADVS.M/S. V.HARISH & RAJAN VISHNURAJ FOR R1.

              GOVERNMENT PLEADER FOR R2 TO R5.


     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 No.3 to 5 to transfer adequate funds to the
first respondent for making payment of salary/ wages/compensation as the
case may be due to 332 employees/ muster workers/ casual workers etc. in
Aralam Farm, including the appellants/ petitioners herein, that is due
from 1-8-2022, and to continue to pay the monthly salary/ wages/
 compensation, pending disposal of this writ appeal.
     This Writ Appeal coming on for orders 24/05/2023 upon perusing the
appeal memorandum and this Court's Order dated 13.04.2023, the court
passed the following:
       ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
           =================================
                         W.A No.10 of 2023
           =================================
                     Dated this the 24th day of May, 2023

                                 ORDER

Heard both sides for some time. Sri.Harish Vasudevan, learned

Standing Counsel for the 1st respondent [Aralam Farming Corporation

(Kerala) Ltd.] would submit, on the basis of instructions, that it is only on

account of extreme paucity of funds that the 1 st respondent is disabled

from disbursing wages to labourers, like the appellants and further that, it

has been inter alia stated, in para 9 of the affidavit dated 05.04.2023 filed

by the 1st respondent in this appeal, that one of the main reasons for the

1st respondent (farm), incurring huge loss is due to wild animal attacks and

that the 1st respondent has claimed a compensation of Rs.27 Crores from

the Forest and Wildlife Department of the Government of Kerala, for

various losses incurred due to wild animal attacks on its properties and

that the loss sustained to the farm, on account of crop damage by wild

animals, have been estimated, taking into consideration the actual

quantity of production of crops (annual), present market rate and life span

of each crop. Further that, the tabular details given in internal page 6 of W.A No.10 of 2023

the said affidavit dated 05.04.2023 would show the calculation and

estimation of crop damage due to wild life attack caused to Aralam Farm

during 2017 to 2022. Further, the learned Standing Counsel for the

1st respondent would submit that, inspite of repeated requests, the

competent authority of the Forest and Wildlife Department of the State

Government has not made any payments of the compensation and that, if

at least the said compensation amount is paid by the Government

Department, then the 1st respondent will be able to make at least significant

payments of the due wage arrears to the labourers concerned, like the

appellants, etc.

2. Having regard to the above aspects, Sri.R.Surendran, learned

counsel appearing for the appellants submit that a short time may be

granted to enable him to file an application, along with supporting

affidavit, to implead - the Secretary to Government of Kerala, Forest &

Wildlife Department, Government Secretariat, Thiruvananthapuram; Head

of the Forest Force (HOFF), Government of Kerala, Thiruvananthapuram

and the Chief Conservator/Conservator of Forests of the area concerned,

within which the 1st respondent (Aralam Farm) is situated, etc.

3. One week's time is granted for the above purpose. Further, we

note that the State of Kerala, represented by the Chief Secretary, has W.A No.10 of 2023

already been impleaded as the 3rd respondent in this appeal. Accordingly,

the Standing Counsel for the 1st respondent (Aralam Farm) will

immediately furnish two copies of the memorandum of this writ appeal,

along with all the papers, including the abovesaid affidavit dated

05.04.2023 filed by the 1st respondent to Sri.Saigi Jacob Palatty, learned

Senior Government Pleader, within one week. Thereupon, it is further

ordered that the competent authority of the State Government in the Forest

& Wildlife Department will immediately furnish written instructions to the

learned Senior Government Pleader, as to whether the 1 st respondent has

made any request for payment of compensation of Rs.27 Crores from the

Forest and Wildlife Department, as affirmed in the abovesaid affidavit and

if so, the stage of consideration of the said request and as to why the due

amounts have not been disbursed to the 1 st respondent (Farm) now. The

Principal Secretary/Secretary to Government of Kerala in the Forest &

Wildlife Department will file an affidavit or statement in the matter,

immediately.

4. Further, the 1st respondent will produce copies of the

communication/letters said to have been sent by the 1 st respondent to the

Forest & Wildlife Department regarding the claim for a compensation of

Rs.27 Crores, along with a statement or memo to be filed by the Standing W.A No.10 of 2023

Counsel for the 1st respondent, before the next posting day.

List on 07/06/2023.

Hand Over

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

C.JAYACHANDRAN, JUDGE

vgd