Disposed

M.T.Joseph v. State of Kerala

Kerala HC25 Jul 2012WP(C)/17392/2012

Case brief

AI extract

What is this about?

Retired employees of KSEB filed a writ petition claiming non-payment of gratuity despite a prior order for payment. The Court directed the Board to deposit the gratuity amounts and interest within six months, following directions in similar cases.

What did the court decide?

Second respondent directed to deposit gratuity and interest within six months as per attached orders; amounts withdrawable upon deposit.

M.T.Joseph Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN

¶4

WEDNESDAY, THE 25TH DAY OF JULY 2012/3RD SRAVANA 1934

¶5

WP(C).No. 17392 of 2012 (Y)

¶6

PETITIONER(S):

¶7

1. M.T.JOSEPH,, AGED 67 YEARS

¶8

JUNIOR ENGINEER, KSEB (RETRED), S/O THOMAS

¶9

MATTATHIL HOUSE, AMARA P.O, MADAPPALLY CHANGANACHERRY, KOTTAYAM DISTRICT

¶10

2. THOMAS VARGHESE,, AGED 65 YEARS

¶11

SUB ENGINEER, KSEB (RETIRED), S/O VARGHESE

¶12

THAYIL HOUSE, POTTASSERY ROAD, FATHIMAPURAM P.O

¶13

CHANGANACHERRY, KOTTAYAM DISTRICT

¶14

3. P.H. ABDUL KASSIM,, AGED 61 YEARS

¶15

ASSISTANT ENGINEER, KSEB (RETIRED), S/O P.S. HAMMED

¶16

LAILA MANZIL, FIRE STATION, WEST ROAD

¶17

CHANGANACHERRY 01

¶18

4. P.I. MADHAVAN, , AGED 61 YEARS

¶19

OVERSEER, KSEB (RETIRED), S/O NARAYANAN

¶20

PADINJAREVEETTIL, KOOTHRAPALLY P.O,KARUKACHAL

¶21

5. K.J. THOMAS,, AGED 70 YEARS

¶22

ELECTRICAL WORKERS, KSEB (RETIRED)

¶23

S/O OUSEPH CHACKO, KANJIRATHUMOOTTIL, VEROOR P.O ITHITHANAM

¶24

6. M.K. PAPPACHAN,, AGED 71 YEARS

¶25

OVERSEER,(RETIRED), S/O KITTAN

¶26

MEENCHIRAKAROTTU, CHANNANIKKADU P.O, CHINGAVANAM

¶27

7. T.K. JACOB,, AGED 71 YEARS

¶28

ASSISTANT ENGINEER, KSEB (RETIRED), S/O KURUVILLA

¶29

OTTATHYKKAL, THIRUTHY P.O, CHANGANACHERRY

¶30

8. M. SREEDHARAN NAIR,, AGED 71 YEARS

¶31

LINE ASSISTANT,KSEB (RETIRED), S/O AYYAPPAN NAIR

¶32

VELLOOPARAMBIL, MADAPPALLY P.O, CHANGANACHERRY

¶33

9. N.V. RAVEENDRAN,, AGED 71 YEARS

¶34

LINE MAN GRADE I, KSEB (RETIRED)

¶35

S/O NANU RAVEENDRAN, THUNDIPARAMBIL, KURICHI P.O

¶36

CHANGANACHERRY

¶37

.........2/-

¶38

-: 2 :-

¶39

10. PAPPACHAN,, AGED 70 YEARS JUNIOR ENGINEER, KSEB (RETIRED), S/O POULOSE CHIRAKONATH, PERUMPANACHY P.O, THENGANA

¶40

CHANGANACHERRY

¶41

11. P.T. KURIACKOSE,, AGED 75 YEARS OFFICE ATTENDANT GR.I, KSEB (RETIRED), S/O THOMAS THOTTAIKADAVIL, PUTHUPARAMPIL, PALLICKACHIRA P.O PAIPPAD

¶42

12. ANNAMMA MATHEW,, AGED 72 YEARS SENIOR ASSISTANT, KSEB (RETIRED), W/O THOMAS JOSEPH KADAMTHOTTUY, NEAR BISHOP PALACE, CHANGANACHERRY

¶43

13. K.K. SUKUMARAN,, AGED 65 YEARS LINE MAN GR.I, KSEB (RETIRED), S/O KRISHNAN MARUTHOLIKAL HOUSE, PARUTHIMOOD, KANGAZHA P.O KOTTAYAM DISTRICT

¶44

14. K.J, SEBASTIAN,., AGED 65 YEARS JUNIOR ENGINEER,KSEB (RETIRED), S/O K.C. JOSEPH K.S.R. VILLA, TRIKKODITHANAM, KOTTAYAM DISTRICT

¶45

BY ADV. SRI.P.C.HARIDAS

¶46

RESPONDENT(S):

¶47

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF LABOUR GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

¶48

2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDUTHI BHAVAN PATTOM P.O, THIRUVANANTHAPURAM 695004

¶49

3. CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT & DISTRICT LABOUR OFFICER,

¶50

KOTTAYAM

¶51

4. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT &

¶52

REGIONAL JOINT LABOUR, COMMISSIONER, CIVIL STATION, KAKKANAD, ERNAKULAM

¶53

5. CHIEF ENGINEER (HR), KERALA STATE ELECTRICITY BOARD, VAIDUTHI BAHAVAN PATTOM P.O, THIRUVANANTHAPURAM 695004

¶54

BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR. BY SRI.K.S.ANIL, SC, KSEB.

¶55

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶56

WP(C).No. 17392 of 2012 (Y)

¶57

APPENDIX

¶58

PETITIONER(S) EXHIBITS:-

¶59

EXT.	P1 TRUE COPY OF THE ORDER DATED 31-12-2011 IN G.C NOS. 43/2005 (SL NO 6), 3/2007 (SL NO 9) OF THE 3RD RESPONDENT IN RESPECT OF THE PETITIONERS 1 AND 2
EXT.	P2 TRUE COPY OF THE ORDER DATED 31-01-2012 IN G.C NO 2/2011 (SL NO 2), AND OTHER CASES OF THE 3RD RESPONDENT IN RESPECT OF THE 3RD PETITIONER
EXT.	P3 TRUE COPY OF THE COMMON ORDER DATED 31-01-2012 IN G.C NOS 5/2011 TO 12/2011 (SL NO 1-8), 16/2011 (SL NO 11) AND OTHER CONNECTED CASES OF THE 3RD RESPONDENT IN RESPECT OF THE PETITIONERS 3 TO 12
EXT.	P4 TRUE COPY OF THE COMMON ORDER DATED 30-04-2012 IN G.C NOS 27/2005 (LSNO 1), 28/2005 (SLNO 2), AND OTHER CONNECTED CASES OF THE 3RD RESPONDENT IN RESPECT OF THE PETITIONERS 13 AND 14.

¶60

RESPONDENTS' EXHIBITS:- NIL.

( TRUE COPY )

PA TO JUDGE.

Kvs/-

K.SURENDRA MOHAN, J

¶65

= = = = = = = = = = = = = WP(C).No.17392 of 2012

¶66

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

¶67

Dated this the 25^th July, 2012.

¶68

J U D G M E N T

¶69

The petitioners are all retired employees of the Kerala State Electricity Board, the second respondent herein. They complain that they have not been paid their gratuity so far.

¶70

Since the petitioners had not been paid gratuity in accordance with the provisions of the Payment of Gratuity Act, 1972 they had approached the third respondent for necessary reliefs. Accordingly, as per Exts.P1 to P4 orders, the third respondent has directed payment of the gratuity due to them. Though the second respondent has taken a decision to follow the Payment of Gratuity Act, 1972, the payments due to them have still not been made, the petitioners complain.

¶71

The counsel for the petitioners submits that this Court has allowed similar prayers in various other writ petitions filed by retired employees like the petitioners. Adv.K.S.Anil who appears for the second respondent submits that the amounts claimed would be paid provided some time is granted for the said

¶72

WP(C).No.17392/2012.

¶73

¶74

purpose. He points out that six month's time has been granted by this Court in other similar cases.

¶75

The above being the position, I am satisfied that this

¶76

writ petition can also be disposed of in terms of the directions issued in other similar cases. Accordingly, this writ petition is disposed of with the following directions:-

¶77

(i) The second respondent Board shall deposit the entire amount of gratuity payable to the petitioners, calculated in accordance with the orders Exts.P1 to P4, within a period of six months from today.

¶78

(ii) The second respondent Board shall also deposit the interest due on the amounts of gratuity payable to each of the petitioners from the respective due dates, up to the date of deposit of the principal amount within a period of six months of the date of deposit of the principal amount.

¶79

(iii) Upon such deposit being made, it shall be open to the petitioners to unconditionally withdraw the amounts so deposited.

¶80

K.SURENDRA MOHAN, (Judge)

¶81

Kvs/-

M.T.Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

M.T.Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M.Manappully Vs T.K.Manoj Kumar, IAS

Gopinadhan N.V. Vs Sarvamadanan

N.P.Sukumaran Vs the Joint Registrar

K.Sabu Vs the State of Kerala

M.T.Abdulla Vs the Secretary

President, Kannur Building Materials (Marketing) Co-Operative Socieity Vs State of Kerala