Kerala High Court
L. Sindhu vs The Deputy Labour ... on 6 June, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 24646 OF 2021
PETITIONER:
L. SINDHU,
AGED 46 YEARS, D/O. C. M. BALAKRISHNAN,
SWARA - 1238-C, SREEKANTESWARAM,
FORT P. O., TRIVANDRUM - 695023.
BY ADV.
SRI. M. R. SARIN
RESPONDENTS:
1 THE DEPUTY LABOUR COMMISSIONER/CONTROLLING AUTHORITY,
THOZHIL BHAVAN, VIKAS BHAVAN P. O., PMG, THIRUVANANTHAPURAM
- 695033.
2 THE DISTRICT COLLECTOR,
COLLECTRATE, THIRUVANANTHAPURAM - 695001.
3 THE TAHSILDAR,
REVENUE RECOVERY, NEDUMANGAD,
TRIVANDRUM - 695101.
4 THE DEPUTY TAHSILDAR,
REVENUE RECOVERY, NEDUMANGAD,
TRIVANDRUM - 695101.
5 SARABHAI INSTITUTE OF SCIENCE & TECHNOLOGY,
UIAKODE, VELLANAD, THIRUVANANTHAPURAM,
REPRESENTED BY ITS RECEIVER - 695543.
6 THE MANAGER,
STATE BANK OF INDIA, KATTAKADA BRANCH,
KATTAKADA, TRIVANDRUM-695572.
BY ADV.
SRI. DHEERAJ A. S. - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24646 OF 2021
2
DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No. 24646 of 2021
-------------------------
Dated this the 6th day of June, 2024
JUDGMENT
1. The present writ petition has been filed by the petitioner for
the following reliefs;
i. Issue a writ in the nature of
mandamus or such other writ, direction or
orders directing the 3rd respondent to
consider and dispose Exhibit P9 within
time limit framed by this Hon'ble court.
ii. Issue a writ in the nature of
mandamus or such other writ, direction or
orders directing the 1st to 4th respondent to
attach bank amount in the name SIST
bearing the account 30872338283 IFSC
CODE SIBIN 0010691 at SBI Bank
Kattakada Branch in Trivandrum.
iii. Issue a writ in the nature of
mandamus or such other writ, direction or
orders directing the 1 to 4 respondents to
take step to auction the attached property
comprising of 1.30 Ares in survey No.
353/2 in Vellanad Village in Trivandrum
district belonged to the 5th respondent
within a time limit framed by this Hon'ble
WP(C) NO. 24646 OF 2021
Court.
iv. Issue a writ in the nature of
mandamus or such other writ, direction or
orders directing the 1st to 4th respondents to
disburse the gratuity amount to the
petitioner within time limit framed by this
Hon'ble Court.
2. The learned Government Pleader submits that within a
period of one month the amount of gratuity for which the order
has been passed by the controlling authority shall be recovered as
the property has already been attached.
3. Considering the said statement, the respondents are granted
two months time to make recovery of the gratuity amount
determined by the controlling authority from the petitioner.
With the aforesaid direction, the present writ petition is
hereby disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
WP(C) NO. 24646 OF 2021
APPENDIX OF WP(C) 24646/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ORDER PASSED IN GC
NO.57/14 ON THE FILE OF CONTROLLING
AUTHORITY UNDER PAYMENT OF GRATUITY ACT
1972, TRIVANDRUM DATED 02.05.2016.
EXHIBIT P2 THE TRUE COPY OF THE ATTACHMENT NOTICE
UNDER SECTION 36 OF REVENUE RECOVERY ACT
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE ATTACHMENT MAHAZAR
PREPARED BY THE VILLAGE OFFICER,
VELLANAD.
EXHIBIT P4 THE TRUE COPY OF THE INTERIM ORDER IN WP
NO.5517/18 ON THE FILE OF THIS HON'BLE
COURT.
EXHIBIT P5 THE TRUE COPY OF THE ASSESSMENT ORDER
DATED 18.03.13 BY THE DEPUTY LABOUR
COMMISSIONER / ASSESSMENT CENTRE
BUILDING AND OTHER CONSTRUCTION WORKERS
WELFARE BOARD THYCAUD TO 5TH RESPONDENT
DATED 18.03.2013.
EXHIBIT P6 THE TRUE COPY OF REPRESENTATION FILED BY
THE PETITIONER BEFORE THE DISTRICT
COLLECTOR, TRIVANDRUM ON 12.11.18.
EXHIBIT P7 THE TRUE COPY OF THE REVENUE RECOVERY
NOTICE DATED 03.11.2017 ISSUED TO
PETITIONER BY THE 4TH RESPONDENT ON
03.11.2017.
EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT IN WP(C)
NO.5517/2018 ON THE FILE OF THIS HON'BLE
COURT.
EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION
FILED BY PETITIONER BEFORE 3RD
RESPONDENT ON 28.07.2021.
WP(C) NO. 24646 OF 2021
3RD RESPONDENT'S ANNEXURES
ANNEXURE R3(A) TRUE COPY OF THE FORM 24 ISSUED BY THE
DEPUTY LABOUR COMMISSIONER,
THIRUVANANTHAPURAM
ANNEXURE R3(B) TRUE COPY OF THE NEW RRC IN FORM 25
ISSUED BY THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM
ANNEXURE R3(C) TRUE COPY OF THE NOTICE U/S 7 AND 34 OF
THE KERALA REVENUE RECOVERY ACT ISSUED
TO THE 5TH RESPONDENT
ANNEXURE R3(D) TRUE COPY OF THE MAHAZAR REPORT ISSUED
BY THE VILLAGE OFFICER, VELLANADU
ANNEXURE R3(E) TRUE COPY OF THE NOTICE OF ATTACHMENT OF
THE IMMOVABLE PROPERTY U/S 36 OF THE
KERALA REVENUE RECOVERY ACT OF 1968
ANNEXURE R3(F) TRUE COPY OF THE LETTER SENT TO
TAHSILDAR, NEDUMANGAD
