Dismissed

K.S.E.B. Rep. by Its Secretary v. C.Purushothaman

Kerala HC11 Dec 2012WP(C)/32299/2007

Case brief

AI extract

What is this about?

The High Court dismissed writ petitions filed by the Kerala State Electricity Board, holding that since the Board had accepted and disbursed gratuity benefits to employees under the Payment of Gratuity Act, 1972, there was no ground to consider the petitions on merits. A simple order issued no detailed judgment.

What did the court decide?

The writ petitions were dismissed without considering merits based on the voluntary closing of the gratuity claim.

K.S.E.B. Rep. by Its Secretary Vs… — 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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TUESDAY, THE 11TH DAY OF DECEMBER 2012/20TH AGRAHAYANA 1934

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WP(C).No. 32299 of 2007 (Y)

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PETITIONER(S):

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KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM, TRIVANDRUMREPRESENTED BY ITS SECRETARY.

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THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM, TRIVANDRUM.

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BY ADVS.SRI.N.N.SUGUNAPALAN(SR.)

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SRI.S.SUJIN

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RESPONDENT(S):

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C.PURUSHOTHAMAN, ANGAKOLLIPARAMBA, P.O.PUTHIYANGADI, PAVANGAD, KOZHIKODE.

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THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, (DISTRICT LABOUR OFFICER), KOZHIKODE.

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THE REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKODE, (THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT).

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R1 BY ADV. SRI.DEVAPRASANTH.P.J.

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BY GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-12-2012, ALONG WITH W.P(C)37684 AND W.P(C) 37685/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DSV/-

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WP(C).No. 32299 of 2007 (Y)

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APPENDIX

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PETITIONERS' EXHIBITS:

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P1 COPY OF THE OBJECTION FILED BY THE PETITIONER BOARD IN GC NO.257/2004.

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P2 COPY OF THE ORDER DATED 02.09.2005 IN GC NO.257/2004 PASSED BY THE 2ND RESPONDENT.

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P3 COPY OF THE ORDER DATED 13.09.2006 ISSUED BY THE 3RD RESPONDENT IN GAC NO.328/2006.

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P4 COPY OF THE JUDGMENT IN O.P.NO.674/2002 DATED 10.03.2003 OF THIS HON'BLE COURT.

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P5 COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN O.P.NO.674/2002.

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RESPONDENTS' EXHIBITS:

NIL

// TRUE COPY //

P.A. TO JUDGE

DSV/-

HARUN-UL-RASHID,J.

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W.P.(C).NOS. 32299 OF 2007,

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37684 OF 2007 & 37685 OF 2007

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DATED THIS THE 11TH DAY OF DECEMBER, 2012

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JUDGMENT

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Learned Standing Counsel for the petitioners

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submits that the employees of the lst petitioner-K.S.E. Board were covered by the Payment of Gratuity Act, 1972, that the Board accepted the claim of its employees under the Act and disbursed the benefits accrued to the employees under the said Act. Therefore, it is said that there is no need to consider these writ petitions on merits.

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Writ Petitions are accordingly dismissed.

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HARUN-UL-RASHID, JUDGE.

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kcv.

K.S.E.B. Rep. by Its Secretary v. C.Purushothaman

Case brief

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K.S.E.B. Rep. by Its Secretary v. C.Purushothaman

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