The Writ Court directed the Kerala Municipality to disburse retiral benefits to a retired contingent worker within three months. The court rejected financial stringency as an excuse for delay, ordering 6% interest if payment is not made on time.
Direction to disburse retiral benefits within three months; 6% interest on delayed payment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
WEDNESDAY, THE 23RD DAY OF OCTOBER 2013/1ST KARTHIKA, 1935
WP(C).No. 19524 of 2013 (M)
PETITIONER:
M.E RAMAN KANIKKUDI VEEDU, THANKALAM, THRIKARIYOOR P.O KOTHAMANGALAM, ERNAKULAM 686 692
(CONTIGENT WORKER (RTD), KOTHAMANGALAM MUNICIPALITY KOTHAMANGALAM 686 691).
BY ADVS.SRI.B.RAGUNATHAN
SRI.M.SALIM
SRI.G.GOPALAKRISHNA PILLAI SRI.R.SRINATH
RESPONDENTS:
R3 BY S.C. SRI.C.A.MAJEED R1 & R2 BY GOVERNMENT PLEADER SRI.T.R.RAJESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19524 of 2013 (M)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1. COPY OF THE ORDER DATED 23.8.1986 OF THE 3RD RESPONDENT. EXHIBIT P2. COPY OF THE ORDER DATED 26.8.1986 OF THE 3RD RESPONDENT.
EXHIBIT P3. COPY OF THE NOTICE DATED 24.2.2012.
EXHIBIT P5. COPY OF THE LETTER DATED 30.5.2013 OF THE 3RD RESPONDENT (PUBLIC INFORMATION OFFICER).
RESPONDENT(S)' EXHIBITS: NIL
// TRUE COPY //
TKS
P.S. TO JUDGE
C.T.RAVIKUMAR, J.
W.P.(C)No.19524 of 2013
Dated 23rd October, 2013
JUDGMENT
The petitioner retired from the service of the third respondent on 31.10.2012 while working as contingent worker. The grievance of the petitioner is that despite Ext.P4 admitting the retiral benefits no action whatsoever was taken by the third respondent to disburse the benefits covered by Ext.P4. It is in the said circumstances that the captioned writ petition has been filed seeking for a direction for disbursement of the retiral benefits.
learned standing counsel appearing for the third respondent and also the learned Government Pleader.
WP(C).No.19524/2013 2
denying or delaying retiral benefits payable to an employee retired from the service of the third respondent. In the said circumstances, taking note of the fact that there is no dispute with respect to the entitlement of the petitioner to the amount covered by Ext.P4, this writ petition is disposed of with a direction to the third respondent to disburse the benefits covered by Ext.P4 to the petitioner expeditiously, at any rate, within a period of three months from the date of receipt of copy of this judgment. It is made clear that in case of failure on the part of the third respondent to disburse the benefits within the above stipulated time the amount payable would carry interest at the rate of 6% per annum.
Sd/C.T.RAVIKUMAR Judge
TKS
2 issues framed by the court
Whether the municipality is liable to disburse retiral benefits to a retired contingent worker without dispute regarding entitlement.
Whether financial stringency is a valid ground for delaying the payment of established retiral benefits to an employee.
M.E Raman
State of Kerala
Director of Urban Affairs
Kothamangalam Municipality
C.T. Ravikumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
