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N.Sukumaran v. Kerala State Electricity Board

Kerala HC5 Dec 2012WP(C)/28922/2012

Case brief

AI extract

What is this about?

This writ petition challenged the non-compliance by the Kerala State Electricity Board with orders of the Controlling Authority directing payment of gratuity with interest. The High Court directed the respondent to deposit the gratuity and interest within three months.

What did the court decide?

The respondent was directed to deposit the entire balance gratuity and subsequent interest within three months.

N.Sukumaran Vs Kerala State Electricity Board — 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 HARUN-UL-RASHID

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WEDNESDAY, THE 5TH DAY OF DECEMBER 2012/14TH AGRAHAYANA 1934

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WP(C).No. 28922 of 2012 (M)

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PETITIONER(S):

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1. N.SUKUMARAN, AGED 62 YEARS,

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S/O.P.NARAYANAPILLAI, THUSHARA, PRASANTH NAGAR,

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NETHAJI ROAD, ALUVA-683 101.

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2. P.V.NARAYANAN, AGED 67 YEARS,

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S/O.K.M.PAPPU, SMRITHI, ROCKWELL ROAD,

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PALLILAMKARA, KALAMASSERY P.O., PIN-683 104.

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3. A.RAPHEL, AGED 62 YEARS, S/O.ANTONY, VERUKATTIL HOUSE, ASOKAPURAM P.O., ALUVA-683 101.

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4. V.P.ROSY, AGED 70 YEARS, W/O.T.J.ANTONY, THAIPARAMBIL HOUSE, ELOOR SOUTH, UDYOGAMANDAL P.O., PIN-683 501.

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5. MARY STELLA, AGED 66 YEARS, W/O.A.P.PAUL, ACHARUPARAMBIL HOUSE, THUNDATHUMKADAVU, VARAPUZHA, ERNAKULAM.

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BY ADVS.SRI.K.K.RAJEEV

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SRI.SABU GEORGE

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RESPONDENT(S):

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KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN-695 004.

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BY ADV. SRI.K.S.ANIL, SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C)NO.28922/2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE ORDER DATED 24/1/2012 OF THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT WITH REGARD TO THE 1ST PETITIONER.

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P2 COPY OF THE ORDER DATED 10/08/2010 OF THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT ALONG WITH THE RELEVANT PORTION OF THE ANNEXURE EXTRACTED FROM THE RELEVANT ORDERS RELATING TO THE PETITIONERS 2 TO 5

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RESPONDENT'S EXHIBITS:

NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

HARUN-UL-RASHID, J.

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W.P.(C).No.28922 Of 2012

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Dated this the 5^th day of December, 2012.

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J U D G M E N T

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The writ petition is filed seeking a direction commanding the respondent to disburse the balance gratuity amount due to the petitioners as directed in Exts.P1 & P2 orders of the Controlling Authority under the Payment of Gratuity Act with 10% interest per annum within a time limit to be fixed by this Court.

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Heard the learned counsel for the petitioner and learned standing counsel for the respondent.

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The petitioners are retired employees of the Kerala State Electricity Board. The controlling authority under the Payment of Gratuity Act, passed Exts.P1 & P2 orders directing the respondent to pay the balance amount with 10% interest within 30 days of receipt of the order.

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The grievance of the petitioners is that the respondent has not complied with the directions in Exts.P1 & P2 orders. Exts.P1 & P2 orders have become final. The respondent has not initiated any action for recovery of the amount as per the direction contained in Exts.P1 & P2 and as provided under Payment of Gratuity Act till date.

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::2::

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W.P.(C).No.28922 Of 2012

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The learned counsel for the petitioners also brought to the notice of this Court the judgment passed by this Court in W.P.(C).No.16898/2012. In similar situation, this Court allowed similar prayers in various writ petitions filed by similarly situated employees. The learned standing counsel for the respondent submits that the amount due to the petitioners will be paid provided, some time is granted for making payment.

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In the above said facts and circumstances, the writ petition is disposed of directing the respondent to deposit the entire balance gratuity payable to the petitioners as per Exts.P1 & P2 orders, within a period of three months from today. There will also be a further direction to the respondent to deposit the interest payable on the gratuity within a period of three months from the date of deposit of the gratuity amount. Upon such deposit being made, it shall be open to the petitioners to unconditionally withdraw the amounts so deposited.

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HARUN-UL-RASHID, Judge.

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bkn/-

N.Sukumaran v. Kerala State Electricity Board

Case brief

What is this about?

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N.Sukumaran v. Kerala State Electricity Board

Case brief

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