Disposed

K.T.George v. Autokast Ltd.

Kerala HC23 Jul 2010WP(C)/21407/2010

Case brief

AI extract

What is this about?

Petitioner sought writ relief for non-payment of gratuity, leave encashment, DA arrears, and PF dues after resigning. Court directed company to process gratuity upon formalities, pay DA arrears concurrently with other employees, and noted PF dues were already cleared.

What did the court decide?

Company directed to disburse gratuity and leave encashment after formalities; Company directed to pay DA arrears along with payments to other employees.

K.T.George Vs Autokast Ltd. — Pension and Retirement Benefits | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932

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WP(C).No. 21407 of 2010(A)

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--------------------------

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PETITIONER(S):

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------------------------

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K.T.GEORGE, KOCHINTADATH HOUSE OLASSA PO, KOTTAYAM 686 014,TOCKEN NO.126 ENGINEER AUTOKAST LTD, S.N.PURAM, CHERTHALA.

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BY ADV. SRI.V.N.SASIDHARAN

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SRI.SANTHOSH THOMAS KANDAMCHIRA

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RESPONDENT(S):

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----------------------

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1. AUTOKAST LTD, REPRESENTED BY ITS MANAGING DIRECTOR, S.N.PURAM PO,CHERTHALA 688 582

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2. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUNDS, SUB REGIONAL OFFICE CHAMMANNERY LANE, KALOOR, KOCHI 682 107.

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ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE FOR R2 SRI.M.CHANDRA BOSE FOR R2 SRI.K.ANAND (A.201) FOR R1 SMT.LATHA KRISHNAN FOR R1

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC, J. ================ W.P.(C) NO. 21407 OF 2010 (A)

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=====================

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Dated this the 23^rd day of July, 2010

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J U D G M E N T

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Petitioner resigned from the service of the 1^st respondent. In this writ petition, his grievance is regarding the non payment of gratuity, leave encashment, DA arrears and PF dues.

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In so far as PF dues are concerned, standing counsel appearing for the PF Department submits that as early as on 15/11/2000, petitioner has already been paid Rs.1,70,644/-.

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As far as gratuity and leave encashment are concerned, standing counsel appearing for the respondent Company submits that the Company shall make payment of the gratuity, provided the petitioner completes the procedural formalities. Therefore, it will be open to the petitioner to complete the formalities for receiving gratuity and once the process is completed, the gratuity will be disbursed along with leave encashment dues at any rate within 4 weeks thereafter.

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In so far as DA arrears is concerned, standing counsel submits that due to financial constraints, the amount has not been paid to any of the employees. If that be the situation, it is

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WPC No. 21407/10

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:2 :

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not proper for this Court to direct that the petitioner alone be paid the amount due. In the circumstances, the only direction that is possible is to direct the Company to disburse the DA arrears due to the petitioner, as and when the same is paid to the other employees also.

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Writ petition is disposed of as above.

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ANTONY DOMINIC, JUDGE

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K.T.George v. Autokast Ltd.

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K.T.George v. Autokast Ltd.

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