High Court ordered state textile corporations to disburse admitted retiral benefits and gratuity to a retired General Manager within three months, with interest at 6.5% per annum for delay.
Respondents directed to disburse admitted retiral benefits and gratuity within three months; default attracts 6.5% annual interest.
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
THURSDAY, THE 7TH DAY OF NOVEMBER 2013/16TH KARTHIKA, 1935
WP(C).No. 26139 of 2013 (N)
PETITIONER(S):
V.P.GANGADHARAN GENERAL MANAGER (RETD), KOTTAYAM TEXTILES VADAKKEPARAMBATHU, PERUNTHATTIL ERANHOLI, THALASSERY, NOW RESIDING AT: T.C 7/276 KOOTAMVILLA, C.R.O. NORTH TALUK, VATTIYOORKAVU P.O THIRUVANANTHAPURAM -695013.
BY ADVS.SRI.BOBY MATHEW
SMT.K.MEERA
RESPONDENT(S):
R1,R2 BY SRI.V.E.ABDUL GAFOOR, SC, KERALA STATE TEXTILE CORPORATION LTD.
R3 BY GOVERNMENT PLEADER SMT.LOWSY A.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 26139 of 2013 (N)
APPENDIX
PETITIONER(S)' EXHIBITS :
RESPONDENT(S)' EXHIBITS:NIL
//TRUE COPY//
P.S.TO JUDGE
C.T.RAVIKUMAR, J.
W.P.(C)No.26139 of 2013 ------------------------------Dated 7th November, 2013
JUDGMENT
The petitioner retired from the service of the Kerala State Textile Corporation Ltd. on 30.11.2011 while working as General Manager. The grievance of the petitioner pertains to the nondisbursement of his retiral benefits.
WP(C).No.26139/2013
2
Taking into account the rival submissions, this writ petition is disposed of with a direction to respondents 1 and 2 to disburse the retiral benefits covered by Ext.P4 to the petitioner as expeditiously as possible, at any rate, within a period of three months from the date of receipt of copy of this judgment. In case of failure on the part of the respondents to disburse the amount in terms of the directions herein, the petitioner is entitled to get interest at the rate of 6.5% per annum on the amount covered by Ext.P4.
TKS
2 issues framed by the court
Whether the petitioner entitled to immediate disbursement of admitted retiral benefits and gratuity.
Whether the respondents justified delay in payment due to financial stringency.
V.P.GANGADHARAN
KERALA STATE TAXTILE COPORATION LTD.
KOTTAYAM TEXTILES LIMITED
PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES
C.T.RAVIKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
