Allowed

P.M.Basheer v. Kerala State Textile Corporation Ltd.

Kerala HC5 Oct 2012WP(C)/22194/2012

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition filed by a retired employee seeking gratuity and leave encashment. The Court directed the respondents to pay dues within one month or in equal monthly installments with interest.

What did the court decide?

Payment of entire gratuity and leave encashment dues within one month; alternatively, payment in four equal monthly installments with 10% interest.

P.M.Basheer Vs Kerala State Textile… — Pension and Retirement Benefits | Kerala HC (2012)

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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 P.R.RAMACHANDRA MENON

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FRIDAY, THE 5TH DAY OF OCTOBER 2012/13TH ASWINA 1934

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WP(C).No. 22194 of 2012 (Y)

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PETITIONER:

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WP(C).No. 22194 of 2012 (Y) P.M.BASHEER,, AGED 59 YEARS S/O MUHAMMED, PUTHENVELIYIL HOUSE NEAR ELECTRICITY OFFICE, POOCHAKKAL, CHERTHALA

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BY ADVS.SRI.KISHOR B. SRI.P.V.JEEVESH

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RESPONDENTS:

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1. KERALA STATE TEXTILE CORPORATION LTD., A GOVERNMENT OFKERALA UNDERTAKING, ANNAPOORNA KOCHAR ROAD, SASTHAMANGALAM THIRUVANANTHAPURAM 695010

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REPRESENTED BY THE MANAGING DIRECTOR

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2. PRABHURAM MILLS,

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A UNIT OF KERALA STATETEXTILE CORPORATION LTD KOTTA P.O, KARAKKAD CHENGANNUR 689504 REPRESENTED BY ITS UNIT ON CHARGE

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R1,R2 BY ADV. SRI.V.E.ABDUL GAFOOR SC KERALA STATE TEXTILE

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CORPORATION LTD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22194 of 2012 (Y)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT. P1 TRUE COPY OF THE MEMO ISSUED BY THE 1ST RESPONDENT DATED 01- 08-2011

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EXT. P2 TRUE COPY OF THE NOTICE BY THE 2ND RESPONDENT DATED 29-08-2012 EXT. P3. TRUE COPY OF LETTER ISSUED BY 2ND RESPONDENT DT 12/4/2012. EXT.P4: TRUE COPY OF PJUDGEMENT IN WPC 19732/2012 DT.5/9/2012.

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

P.R.RAMACHANDRA MENON, J.

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W.P.(c) No. 22194 OF 2012

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- - - - Dated this the 5^th day of October , 2012

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JUDGMENT

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The petitioner entered into the service of the respondent Corporation on 8.10.1979 and retired on attaining the age of superannuation on 31/08/2011. The grievance of the petitioner is that despite the lapse of more than one year, the petitioner is still to be given the gratuity and the amount of leave encashment, which, according to the petitioner, comes to Rs. 6,70,098/- and Rs. 64,125/respectively and hence is under challenge before this Court in this writ petition.

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The learned Standing Counsel appearing for the respondents submits that non-payment of the gratuity and such other benefits as above is not wilful, but because of some frustrating pecuniary circumstances. The learned counsel sought to explain the plight of the respondents, also adding that earnest efforts are being made to find out necessary source and procure funds, to disburse the

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W.P.(C)No.22194/2012

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amount to the persons like the petitioner.

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However, exactly similar issue had came up for

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consideration before this Court wherein Ext.P4 judgment was passed on 5.09.2012. After going through the pleadings and proceedings and hearing the learned counsel, this Court does not find it proper to take a different turn than the course followed as per Ext.P4 judgment. In the said circumstances, this writ petition is also disposed of in the following terms :

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The first and second respondent shall pay the entire dues within a period of one month from the date of receipt of a copy of this judgment. If not, the payment shall be made in four equal monthly instalments starting from 30/10/2012 with interest @ 10% from the date on which the payment was due. It is made clear that if the payments are made in a lumpsum

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within a period of one month, no interest shall be payable.

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Writ petition is allowed as above. No cost.

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P.R.RAMACHANDRA MENON JUDGE

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sv.

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W.P.(C)No.22194/2012 2

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W.P.(C)No.22194/2012 2

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W.P.(C)No.22194/2012 2

P.M.Basheer v. Kerala State Textile Corporation Ltd.

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P.M.Basheer v. Kerala State Textile Corporation Ltd.

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