Kerala High Court
Paul @ Francis Benson vs State Of Kerala on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13394 OF 2024
PETITIONER:
PAUL @ FRANCIS BENSON,
AGED 58 YEARS, S/O. BENSON PROPRIETOR,
M/S. PAUL CASHEW COMPANY, ANAVILA,
THATTARKONAM, DECENT JUNCTION,
KOLLAM, PIN - 691577.
BY ADV R.SATISH KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
LABOUR DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001.
2 THE CONTROLLING AUTHORITY UNDER
PAYMENT OF GRATUITY ACT/THE DEPUTY
LABOUR COMMISSIONER, OFFICE OF THE
DEPUTY LABOUR COMMISSIONER,
KAANKATHU MUKKU, KOLLAM., PIN - 691013.
3 S. ASOKAN, KALEELAZHIKATHU VEEDU,
RAYARA MUKKU, KILLIKOTTOOR P.O.,
KOLLAM., PIN - 691004.
BY ADVS.
RAJESH R.(VARKALA) R
M.KIRANLAL(K/963/2009)
T.S.SARATH(K/257/2012)
MANU RAMACHANDRAN(K/917/2010)
SAMEER M NAIR(K/000481/2017)
SAILAKSHMI MENON(K/1518/2021)
SMT.AKHILA B.(K/000259/2019)
JOTHISHA K.A.(K/123/2022)
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13394 OF 2024
-2-
JUDGMENT
The limited plea of the petitioner is that
the 2nd respondent be directed to allow him to
pay the amounts quantified under Ext.P1 in
favour of the 3rd respondent, in 15 equal monthly
installments, after deducting Rs.10,000/-
already paid.
2. Sri.R.Rajesh - learned counsel for
respondent No.3 - who is the beneficiary of
Ext.P1, submitted that, though his client is
willing to accede to the request of the
petitioner for payment of the amounts through
installments - he being in desperate need of
financial resources at this time - the number of
installments sought is too high. He added that
he cannot agree to more than eight installments.
3. Smt.C.S.Sheeja - learned Senior
Government Pleader, appearing for respondents 1
and 2, submitted that, if the petitioner only
WP(C) NO. 13394 OF 2024
wants to liquidate the liability under Ext.P1
through installments, she will not stand in the
way of this Court passing appropriate orders,
subject to the consent of the 3rd respondent.
In the afore circumstances, I allow this
Writ Petition to the limited extent of
permitting the petitioner to pay off the entire
amount due under Ext.P1, along with all
applicable charges and interest, in eight equal
monthly installments, commencing from
15.05.2024, directly to the petitioner by way of
a Demand Draft drawn on a Nationalized
Bank/Scheduled Bank and delivered to the address
shown in this Writ Petition, through Registered
Post acknowledgment due.
After the entire amount is so paid, evidence
of the same shall be presented by the petitioner
before the 2nd respondent; and the said Authority
will thereupon take note of the same, after
WP(C) NO. 13394 OF 2024
hearing the parties, and decide whether any
further amounts are payable and, if so, what
action is to be taken.
Needless to say, if the entire amount is
found to be paid, then further action based on
Ext.P1 will stand terminated by the 2 nd
respondent thereafter.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 13394 OF 2024
APPENDIX OF WP(C) 13394/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER G.C.NO.42/18
DATED 31/1/2024 OF THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED
12/11/2014 ISSUED BY THE 3RD
RESPONDENT
