Kerala High Court
M G Radhakrishnan vs Mr. V K Sudhakaran on 9 February, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Friday, the 9th day of February 2024 / 20th Magha, 1945
CONTEMPT CASE(C) NO. 1944 OF 2023 (S) IN WP(C) 17979/2010
PETITIONER/RESPONDENT NO.1 IN WPC:
M G RADHAKRISHNAN, AGED 64 YEARS, S/O.LATE GOPALAN K.,
KEEZHANJILI HOUSE (NANDANAM),CC 18/1302E, ESI ROAD,
PALLURUTHY, ERNAKULAM - 682 006.
BY ADVOCATES M/S. U. BALAGANGADHARAN & R. PRADEEP KUMAR
RESPONDENT/PETITIONER IN WPC:
1. MR. V K SUDHAKARAN, VICE PRESIDENT,
G4S SECURITY SERVICES (INDIA) PVT LTD.
(FORMERLY GROUP 4 FLACK, GROUP SECURITAS GUARDING PVT LTD)
H. NO. 34/259, AMBAT, N H BYE PASS ROAD,
EDAPPALLY, COCHIN - 682 024.
ADDITIONAL R2 IMPLEADED
2. MR.THOMAS VARKEY, E R HEAD,
G4S SECURITY SERVICES (INDIA) PVT LTD
(FORMERLY GROUP 4 FLACK, GROUP SECURITAS GUARDING PVT LTD)
H. NO. 34/259, "AMBAT", N H BYE PASS ROAD,
EDAPPALLY, COCHIN - 682 024.
ADDL.R2 IS IMPLEADED AS PER ORDER DATED
05/01/2024 IN I.A.1/2024 IN COC.
BY ADVOCATES M/S. ASHOK SHENOY B, P.S. GIREESH, SALIH P.A., ARJUN R
NAIK, THEJALAKSHMI R.S. & UMASANKER U.U.
This Contempt of court case (civil) having come up for orders on
09.02.2024, the court on the same day passed the following:
P.T.O.
AMIT RAWAL, J.
=================
Cont. Case(C).No.1944 of 2023
=====================
Dated this the 9th day of February, 2024
ORDER
Memo has been filed by the 2nd respondent to the following
effect:
"Demand Draft No.252130 dated 05.02.2024 drawn
on ICICI Bank Ltd., Free Press House, Nariman Point,
Mumbai for Rs.1,03,404/- (Rupees One lakh three thousand
four hundred and four only) payable to and in favour of the
petitioner in the above Contempt Case (Civil), is hereby
handed over to the Counsel for Petitioner, against
acknowledgement herein; towards the balance amount
payable to petitioner towards compensation on of
Rs.2,50,000/- to be paid as per Judgment dated 16.03.2023
in W.P(C) 17979 of 2010, after appropriation of
Rs.1,46,596/- (Rupees One lakh forty six thousand five
hundred ninety six only) earlier paid to petitioner in terms of
Section 17B of Industrial Disputes Act 1947 as per order
dated 12.3.2013 in W.P.(C) No. 17979 of 2010, by Bankers
Cheque No.792327 dated 16.4.2013 drawn on State Bank of
Travancore, Ernakulam Palarivattom Branch for
Rs.1,22,538/- and by Bankers Cheque No.983048 dated
4.9.2013 drawn on State Bank of Travancore, Edappally
Branch for Rs.24,058/-."
2. I am afraid that the alleged deduction of Rs.1,46,596/-
purported to have been paid under the provisions of Section 17B
of the Act as per the order of this Court dated 12.03.2013 is
not in tandem with the direction of this Court. While
awarding compensation of Rs.2,50,000/- there was no
specific rider that the amount received by the workman under
Section 17B would be excluded. Section 17B is a sustenance
allowance basically for a workman to sustain and treat the
family. Compensation of Rs.2,50,000/- was granted by taking
into consideration all the aspects. Since Rs.1,03,404/- has
already been paid by demand draft dated 05.02.2024,
learned counsel for the respondent seeks short time to pay
the balance amount. Let the balance amount be paid within
two weeks from the date of receipt of the certified copy of
this order.
Post this matter on 15.03.2024.
Sd/-
AMIT RAWAL, JUDGE
naksa
09-02-2024 /True Copy/ Deputy Registrar
