Disposed

K. Kesavarajan v. the State of Kerala

Kerala HC6 Dec 2013WP(C)/28362/2013

Case brief

AI extract

What is this about?

Petitioner sought withdrawal of individual revenue recovery proceedings for gratuity dues. Court directed consideration of representations by the District Labour Officer with notice to all interested parties, pending final orders.

What did the court decide?

Final orders within two months; withdrawal of revenue recovery proceedings against petitioner's individual property if liability is discharged.

K. Kesavarajan Vs the State of Kerala — Service and Employment | Kerala HC (2013)

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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 V.CHITAMBARESH

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FRIDAY, THE 6TH DAY OF DECEMBER 2013/15TH AGRAHAYANA, 1935

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WP(C).No. 28362 of 2013 (U)

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PETITIONER(S):

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K. KESAVARAJAN, SNV SADANAM, POLAYATHODE, KOLLAM-691 001.

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BY ADV. SRI.B.SURESH KUMAR

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RESPONDENT(S):

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THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE LABOUR DEPARTMENT KERALA GOVERNMENT SECRETARIAT FORT P.O., THIRUVANANTHAPURAM-695 023.

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THE LABOUR COMMISSIONER OFFICE OF THE LABOUR COMMISSIONER, FORT P.O., THIRUVANANTHAPURAM-695 023.

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THE DISTRICT LABOUR OFFICER OFFICE OF THE DISTRICT LABOUR OFFICER, KOLLAM, CIVIL STATION P.O., KOLLAM. 691 013

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THE DISTRICT COLLECTOR KOLLAM, CIVIL STATION P.O., KOLLAM 691 013.

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THE TAHSILDAR (RR) KOLLAM, CIVIL STATION P.O., KOLLAM. 691 013

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SATHYABHAMA, BHAMA NIVAS, PARIMANAM, NEENDAKARA P.O. KOLLAM-691 582.

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BY GOVERNMENT PLEADER SRI. RAFEEK V.K.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 28362 of 2013 (U)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 25/1/2000 PASSED BY THE DISTRICT LABOUR OFFICER, KOLLAM.

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EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 8/1/2002 ISSUED TO THE DISTRICT LABOUR OFFICE, KOLLAM BY THE DISTRICT COLLECTOR, KOLLAM.

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EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION DATED 9/7/2008 ISSUED TO THE PETITIONER AND HIS BROTHER BY THE TAHSILDAR (RR) KOLLAM.

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EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 19/7/2008 SUBMITTED BY THE PETITIONER AND HIS SBROTHER BEFORE THE DISTIRCT LABOUR OFFICER, KOLLAM.

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EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 5/12/2009 ISSUED BY THE DISTRICT LABOUR OFFICER TO THE ERSTWHILE EMPLOYEES.

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EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION DATED 9/10/2013 ISSUED TO THE PETITIONER AND HIS SISTER BY THE LABOUR COMMISSIONER, THIRUVANANTHAURAM.

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RESPONDENT(S)' EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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WP(C) NO. 28362 OF 2013

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Dated this the 6^th day of December, 2013

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JUDGMENT

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Ext.P1 order of the third respondent directs the payment of the gratuity to 49 applicants. About 13 persons including the petitioner and the sixth respondent have been held liable to pay gratuity amount. It is the case of the petitioner that the sixth respondent has already discharged the entire liability.

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The petitioner has in this regard submitted Ext.P4 representation to the third respondent. The contentions of the petitioner are three fold and they are:

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(i) The sixth respondent has already

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discharged the liability under Ext.P1 order.

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(ii) The factory is in the control and custody of the sixth respondent which can as well be proceeded against if the dues subsist.

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(iii) The petitioner need be proceeded

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against only if the sale proceeds of the factory are insufficient to satisfy the dues.

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WP(C) No.28632/2013

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I direct the third respondent to consider Ext.P4 representation with notice to all interested parties. The petitioner, the sixth respondent and the 49 applicants referred to in Ext.P1 order shall be put on notice. Final orders shall be passed within a period of two months. The revenue recovery proceedings against the individual property of the petitioner shall be directed to be withdrawn if the liability under Ext.P1 order is fully discharged.

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The petitioner shall produce a copy of the Writ Petition with the judgment before the third respondent for compliance.

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The Writ Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

K. Kesavarajan v. the State of Kerala

Case brief

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K. Kesavarajan v. the State of Kerala

Case brief

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