Kerala High Court
Sugunan.C vs Autokast Ltd on 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
W.P.(C) NO.1329 OF 2023
PETITIONER:
PUSHKARAN. P.V, AGED 59 YEARS, S/O.VELYUDHAN P.S.,
"PULIMOOTTIL HOUSE, VMC VI/154, LF CHURCH ROAD,
VAIKOM PO, KOTTAYAM DISTRICT-686 141
(RETIRED AS ASSISTANT MANAGER FROM AUTOKAST LTD)
BY ADVS.
T.C.KRISHNA
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
ASHA S.V
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
GOKUL KRISHNA
RESPONDENTS:
AUTOKAST LTD, REPRESENTED BY MANAGING DIRECTOR,
S.N. PURAM POST SALEM, STATE HIGHWAY 66,
CHERTHALA SOUTH, KERALA, PIN - 688 530
BY ADVS.
K.ANAND (SR.)
LATHA ANAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH WP(C)Nos.25013/2022, 30507/2022,
35968/2022, 16789/2023, 17415/2023, 20379/2023 & 35491/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
W.P.(C) NO.16789 OF 2023
PETITIONER:
JAYARANJINI J.C., AGED 58 YEARS, D/O. M.D.CHELLAPPAN,
RESIDING AT "VAISHNAVAM, VANASWARGAM, MUHAMMA P.O.,
ALAPPUZHA DISTRICT-688 525 (RETIRED AS DEPUTY MANAGER
FROM AUTOKAST LTD.
BY ADVS.
T.C.KRISHNA
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
ASHA S.V
GOKUL KRISHNA
RESPONDENTS:
AUTOKAST LIMITED, REPRESENTED BY MANAGING DIRECTOR,
S.N. PURAM POST, SALEM, STATE HIGHWAY- 66,
CHERTHALA SOUTH, KERALA, PIN - 688 530
BY ADV K.ANAND
SMT. LATHA ANAND, SC
THIS WRIT PETITION (CIVIL) HAS COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH WP(C)Nos.25013/2022, 30507/2022,
35968/2022, 1329/2023, 17415/2023, 20379/2023 & 35491/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
W.P.(C) NO.17415 OF 2023
PETITIONER:
SUGUNAN.C, AGED 65 YEARS, S/O.CHAKRAPANI,
RESIDING AT K P SADANAM, VENNICODE P.O., VARKALA,
THIRUVANANTHAPURAM-695 318,
(RETIRED AS MANAGER, AUTOKAST LTD, SN PURAM PO,
CHERTHALA, KERALA -688 582)
BY ADVS.
T.C.KRISHNA
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
ASHA S.V
GOKUL KRISHNA
RESPONDENTS:
AUTOKAST LTD, REPRESENTED BY MANAGING DIRECTOR,
AUTOKAST LTD, SN PURAM PO, CHERTHALA,
KERALA, PIN - 688 582
BY ADV K.ANAND
SMT. LATHA ANAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH WP(C)Nos.25013/2022, 30507/2022,
35968/2022, 1329/2023, 16789/2023, 20379/2023 & 35491/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
4
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
W.P.(C) NO.20379 OF 2023
PETITIONER:
UMESHKUMAR. S, AGED 59 YEARS, S/O.SADANANDAMALLAN,
RESIDING AT "SIVAPRASADAM", A.N. PURAM, R D WEST GATE,
BACK SIDE OF TDHSS, ALAPPUZHA, PIN - 688 011,
(RETIRED AS MANAGER FROM AUTOKAST LTD)
BY ADVS.
T.C.KRISHNA
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
ASHA S.V
GOKUL KRISHNA
RESPONDENTS:
AUTOKAST LTD, REPRESENTED BY MANAGING DIRECTOR,
S.N. PURAM POST, SALEM, STATE HIGHWAY-66,
CHERTHALA SOUTH, KERALA, PIN - 688 530
BY ADV LATHA ANAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH WP(C)Nos.25013/2022, 30507/2022,
35968/2022, 1329/2023, 17415/2023, 17415/2023 & 35491/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
5
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
W.P.(C) NO.25013 OF 2022
PETITIONER:
THOMAS.P.D, AGED 60 YEARS, S/O. P.T.DEVASIA,
RESIDING AT ROSEANNA, PULICKAL, MARUTHOVATTOM PO,
CHERTHALA, ALAPUZHA-688 539
(RETIRED AS DEPUTY GENERAL MANAGER FROM AUTOKAST LTD).
BY ADVS.
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
T.C.KRISHNA
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
GOKUL KRISHNA
RESPONDENTS:
AUTOKAST LTD, REPRESENTED BY MANAGING DIRECTOR,
SN PURAM POST SALEM, STATE HIGHWAY 66,
CHERTHALA SOUTH, KERALA 688 530.
BY ADV SMT.LATHA ANAND, SC, AUTOKAST LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH WP(C)Nos.20379/2023, 30507/2022,
35968/2022, 1329/2023, 17415/2023, 20379/2023 & 35491/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
6
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
W.P.(C) NO.30507 OF 2022
PETITIONER:
G. ANANDASUBRAMONIYAN, AGED 60 YEARS,
S/O. V. GOPALASWAMY (LATE), RESIDING AT "VIDISA",
AYMANAM PO, KOTTAYAM-686 015 (RETIRED AS SENIOR
MANAGER FROM AUTOKAST LTD).
BY ADVS.
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
T.C.KRISHNA
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
GOKUL KRISHNA
RESPONDENTS:
AUTOKAST LTD, REPRESENTED BY MANAGING DIRECTOR,
S.N PURAM POST SALEM, STATE HIGHWAY 66,
CHERTHALA SOUTH, KERALA 688 530.
BY ADV LATHA ANAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH WP(C)Nos.25013/2022, 25013/2022,
35968/2022, 1329/2023, 17415/2023, 20379/2023 & 35491/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
7
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
W.P.(C) NO.35968 OF 2022
PETITIONER:
OMANAKUTTAN KARTHA T.D., AGED 64
YEARS,S/O.C.R.A.MENON, RESIDING AT SREEVALSAM,
THURAVOOR P.O., CHERTHALA, ALAPPUZHA,
PRESENTLY RESIDING AT A-801, VENKATESH GRAFFITI ELITE,
KESHAV NAGAR, MUNDHWA, PUNE, MAHARASHTRA-411 036,
(RETIRED AS DEPUTY MANAGER FROM AUTOKAST LTD)
BY ADVS.
PRATAP ABRAHAM VARGHESE
P.RAMAKRISHNAN
T.C.KRISHNA
C.ANIL KUMAR
ASHA K.SHENOY
PREETHI RAMAKRISHNAN
RESPONDENTS:
AUTOKAST LTD, REPRESENTED BY MANAGING DIRECTOR,
SN PURAM POST SALEM, STATE HIGHWAY 66,
CHERTHALA SOUTH, KERALA, PIN - 688 530
BY ADV LATHA ANAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH WP(C)Nos.25013/2022, 30507/2022,
30507/2022, 1329/2023, 17415/2023, 20379/2023 & 35491/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
8
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
W.P.(C) NO.35491 OF 2023
PETITIONER:
SASI.N, AGED 66 YEARS, RETD. DEPUTY MANAGER
(EMPLOYEE ID 156, AUTOKAST LTD),
RESIDING AT S.K. BHAVAN, MUTTACAUD PO, VENGANOOR,
THIRUVANANTHAPURAM, PIN - 695 523
BY ADVS.
ASHA S.V
T.C.KRISHNA
GOPI KRISHNA R.
RESPONDENTS:
AUTOKAST LTD, REPRESENTED BY MANAGING DIRECTOR,
AUTOKAST LTD, SN PURAM PO, CHERTHALA, KERALA-688 582
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, ALONG WITH WP(C)Nos.25013/2022, 30507/2022,
35968/2022, 1329/2023, 17415/2023, 20379/2023 & 35968/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
9
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
JUDGMENT
(Dated: 15th February, 2024)
The petitioners are retired employees of the respondent company
Limited. They have approached this Court seeking directions to disburse the
retirement benefits, but the same has not been paid to them. Since the
questions involved in all these writ petitions are one and the same, they are
taken together, and a common judgment is passed.
2. Smt.Latha Anand, learned standing counsel for the respondent,
submits that 10 acres of the respondent company are now sought to be
leased by the Central Warehousing Corporation on the basis of the lease
agreement, and they ought to receive 22 crores. If the said amount is
received after giving the lease agreement to the Central Warehousing
Corporation, the entire amount due to all the employees can be wiped out.
3. Heard counsel on either side.
4. The counsel for the respondent also submits that they have at least 6
months' time to complete the entire process, i.e., for leasing out and for
disbursing the benefits.
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
Taking into consideration that the retirement benefits are directed to be
disbursed by the respondent and also considering the judgment of the
learned single Judge of this Court in W.P.(C)No.83 of 2023, these writ
petitions are disposed of, directing the respondent to pay all the retirement
benefits of the petitioners within a period of six months from the date of
receipt of a copy of the judgment.
Sd/-
BASANT BALAJI,
JUDGE
ss
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
APPENDIX OF WP(C) 16789/2023
PETITIONER EXHIBITS:
Exhibit P-1 TRUE COPY OF THE LIST OF TERMINAL BENEFITS
DUE TO PETITIONER ISSUED BY THE RESPONDENT
COMPANY UNDER RTI ACT ON 30-06-2022
Exhibit P-2 TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER, DATED 04-11-2022 TO THE DEPUTY
MANAGER (HRD&A), AUTOKAST PVT LTD
Exhibit P-3 TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER DATED 12-01-2023 TO THE RESPONDENT
Exhibit P-4 TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER DATED 01-03-2023 TO THE RESPONDENT
Exhibit P-5 TRUE COPY OF THE LETTER NO. AKL/PER/842 DATED
15-03-2023, ISSUED TO THE PETITIONER BY THE
RESPONDENT
Exhibit P-6 TRUE COPY OF THE JUDGMENT OF HON HIGH COURT
OF KERALA IN WP (C) 12684/2021 DATED 15-07-
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
APPENDIX OF WP(C) 17415/2023
PETITIONER EXHIBITS:
Exhibit P-1 TRUE COPY OF THE REQUEST SUBMITTED BY
PETITIONER DATED 10-10-2019
Exhibit P-2 TRUE COPY OF THE REPRESENTATION DATED NIL
(SUBMITTED ON 06-08-2022) BY THE PETITIONER.
Exhibit P-3 TRUE COPY OF THE REPRESENTATION SUBMITTED
VIDE EMAIL DATED 11-03-2023 BY THE
PETITIONER.
Exhibit P-4 TRUE COPY OF THE LETTER FROM RESPONDENT
COMPANY TO THE PETITIONER BEARING NO.
AKL/PER/850 DATED 15-03-2023
Exhibit P-5 TRUE COPY OF THE JUDGMENT OF HON HIGH COURT
OF KERALA IN WP (C) 12684/2021 DATED 15-07-
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
APPENDIX OF WP(C) 20379/2023
PETITIONER EXHIBITS:
Exhibit P-1 TRUE COPY OF THE LIST OF TERMINAL BENEFITS
DUE TO PETITIONER ISSUED BY THE RESPONDENT
COMPANY UNDER RTI ACT ON 31-05-2022
Exhibit P-2 TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER ALONG WITH 8 OTHERS DATED 02-09-
Exhibit P-3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN WP (C) 12684/2021 DATED 15-07-2021
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
APPENDIX OF WP(C) 25013/2022
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF LIST OF TERMINAL BENEFITS DUE
TO PETITIONER ISSUED BY THE RESPONDENT
COMPANY (DATED NIL).
Exhibit P2 TRUE COPY OF STATEMENT OF ACCOUNTS ISSUED BY
CANARA BANK, MAYITHARA BRANCH, ALLEPPEY,
DATED 26-07-¹ 2022 IN THE NAME OF
PETITIONER'S SON, JOISH. J. THOMAS.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP (C)
12684/2021 DATED 15-07-2021.
RESPONDENT EXHIBITS
Exhibit R1(A) TRUE COPY OF THE SENIORITY LIST PREPARED BY
THE RESPONDENT.
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
APPENDIX OF WP(C) 30507/2022
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF DETAILS OF TERMINAL BENEFITS DUE
TO PETITIONER ISSUED BY THE RESPONDENT
COMPANY.
Exhibit P2 TRUE COPY OF REPRESENTATION DATED 18-12-2020
SUBMITTED BY PETITIONER TO THE RESPONDENT.
Exhibit P3 TRUE COPY OF REPRESENTATION DATED 16-03-2022
SUBMITTED BY PETITIONER TO THE RESPONDENT.
Exhibit P4 TRUE COPY OF REPRESENTATION DATED 24-06-2022
SUBMITTED BY PETITIONER TO THE RESPONDENT.
Exhibit P5 TRUE COPY OF REPRESENTATION DATED 16-08-2022
SUBMITTED BY PETITIONER TO THE RESPONDENT.
Exhibit P6 TRUE COPY OF JUDGMENT PASSED BY THIS
HONOURABLE COURT IN WP (C) 18455/2022 DATED
15-07-2021.
RESPONDENT EXHIBITS
Exhibit R1(a) TRUE COPY OF THE LIST OF RETIRED HANDS TO
WHOM BENEFITS ARE DUE ON THE BASIS OF THEIR
DATE OF RETIREMENT.
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
APPENDIX OF WP(C) 35968/2022
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF EMAIL DATED 31-05-2022 SENT BY
PETITIONER TO RESPONDENT COMPANY
Exhibit P-2 TRUE COPY OF EMAIL DATED 02-06-2022 FROM
RESPONDENT TO THE PETITIONER
Exhibit P-3 TRUE COPY OF THE JUDGMENT OF HON HIGH COURT
OF KERALA IN WP (C) 12684/2021 DATED 15-07-
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
APPENDIX OF WP(C) 35491/2023
PETITIONER EXHIBITS
Exhibit1 THE TRUE COPY OF THE REPRESENTATION DATED 09-
02-2017 SUBMITTED BY THE PETITIONER TO THE
RESPONDENT
Exhibit2 THE TRUE COPY OF THE REPRESENTATION DATED 24-
07-2017 SUBMITTED BY THE PETITIONER TO THE
RESPONDENT
Exhibit3 THE TRUE COPY OF THE REPRESENTATION DATED 06-
09-2021 SUBMITTED BY PETITIONER TO THE
CHAIRMAN OF THE RESPONDENT COMPANY
Exhibit4 THE TRUE COPY OF THE REPRESENTATION TO THE
HON CHIEF MINISTER SUBMITTED BY THE
PETITIONER DATED 17-11-2021
Exhibit5 THE TRUE COPY OF THE COVERING LETTER NO.
AKL/PER/16A/003 DATED 30-03-2022 FROM THE
RESPONDENT COMPANY TO THE PETITIONER
Exhibit6 THE TRUE COPY OF THE LETTER GIVEN BY THE
RESPONDENT COMPANY BEARING NO.
AKL/PER/16A/987 DATED 07-03-2022
Exhibit7 THE TRUE COPY OF THE REPRESENTATION DATED 31-
05-2022 SUBMITTED BY PETITIONER TO THE
RESPONDENT
Exhibit8 TRUE COPY OF THE JUDGMENT OF HON HIGH COURT
OF KERALA IN WP (C) 12684/2021 DATED 15-07-
WPC. Nos.25013, 30507, 35968/2022, 16789, 17415, 20379, 35491/2023 & 1329/2023
APPENDIX OF WP(C) 1329/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF MEMORANDUM NO. AKL/PER/176/539
DATED 30-11-2020, ISSUED BY RESPONDENT TO THE
PETITIONER
Exhibit P-2 TRUE COPY OF THE LETTER NO. AKL/PER/185/229
DATED 15-06-2022 ISSUED UNDER RTI ACT
Exhibit P-3 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY
CARITAS HOSPITAL (DATE OF DISCHARGE ON 21-
12-2020)
Exhibit P-4 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY
CARITAS HOSPITAL (DATE OF DISCHARGE ON 25-
02-2022)
Exhibit P-5 TRUE COPY OF THE JUDGMENT OF HON HIGH COURT
OF KERALA IN WP (C) 12684/2021 DATED 15-07-
