Disposed

Appu v. State of Kerala

Kerala HC4 Oct 2016WP(C)/1485/2009

Case brief

AI extract

What is this about?

The High Court closed this writ petition seeking implementation of gratuity payment orders. The court noted that one petitioner was deceased and payment could be made to legal heirs on production of a certificate. It recorded that the respondent had already complied with other direction determining the settlement of claims.

What did the court decide?

Writ petition closed. Gratuity to deceased petitioner's legal heirs to be paid on production of legal heirship certificate.

Appu Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

TUESDAY, THE 4TH DAY OF OCTOBER 2016/12TH ASWINA, 1938

¶5

WP(C).No. 1485 of 2009 (B) ---------------------------

¶6

PETITIONER(S):

¶7

1. K.APPU, AGED 64 YEARS, S/O.LATE KRISHNAN ATTAPPALLAM, PAMPAMPALLAM P.O.PALAKKAD-678621

¶8

2. C.KUNJANKUTTY, AGED 64 YEARS, S/O.LATE CHAMAYI, CHULLIMADA, KANJICODE P.O., PALAKKAD-678621.

¶9

3. M.PONNUSWAMY, AGED 65 YEARS, S/O.MARIMUTHU MUDALIYAR, PONNUMANIKALAM,, CHOCHIYAMPACK, EDAPPALLY P.O. PALAKKAD -678622.

¶10

BY ADVS.SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SMT.K.M.RAMYA SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR

¶11

RESPONDENT(S):

¶12

1. STATE OF KERALA TO BE REP. BY SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.

¶13

2. DISTRICT COLLECTOR, PALAKKAD.

¶14

3. TAHSILDAR (RR),PALAKKAD.

¶15

4. M/S.MADRAS SPINNERS LTD.,8/1-M,RACE COURSE, COIMBATORE, 641018,TAMIL NADU REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR.

¶16

R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI. SANTHOSH PETER

¶17

R4 BY ADV. SRI.K.ANAND (A.201) BY ADV. SMT.LATHA KRISHNAN

¶18

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

¶20

WP(C).No. 1485 of 2009 (B)

¶21

APPENDIX

¶22

PETITIONER'S EXHIBITS :

¶23

P1:	COPY OF THE ORDER IN G.C.5/2004 DT 7/3/2005 OF DISTRICT LABOUR OFFICER, PALAKKAD
P1(a):	COPY OF THE ORDER IN GC 6/2004 -DO-
P1(b):	COPY OF THE ORDER IN GC 24/2004 -DO-
P2:	COPY OF THE NOTICE IN FORM R-RULE -17 TO THE 1ST PETITIONER DT 16/3/2005.
P2(a):	COPY OF THE -DO- TO THE 3RD PETITIONER DT 16/3/2005
P3:	COPY OF THE SHOW CAUSE NOTICE DT 8/6/2005 TO THE 1ST PETITIONER.
P3(a):	COPY OF THE -DO-TO THE 2ND PETITIONER.
P3(b):	COPY OF THE -DO- TO THE 3RD PETITIONER.
P4:	COPY OF THE LETTER NO. 2446/CM.P.G.R.C.1/07 GAD DT 27/9/2007 TO THE 1ST PETITIONER.
P5:	COPY OF THE STAY ORDER IN WPC 31210/2005 DT 15/11/2005.

¶24

RESPONDENT'S EXHIBITS :

¶25

EXT.R3(a): COPY OF THE JUDGMENT IN WPC NO.6145/2005.

¶26

EXT.R3(b): COPY OF THE JUDGMENT IN WPC NO. 7084/2005

//TRUE COPY//

P.S. TO JUDGE

P.V.ASHA, J.

W.P(C) No.1485 of 2009-B

¶32

Dated this the 4^th day of October, 2016

¶33

JUDGMENT

¶34

The petitioners have filed this writ petition for implementation of the orders Exts.P1, P1(a) and P1(b) passed by the Controlling authority under the Payment of Gratuity Act, 1972 directing payment of gratuity to the respective petitioners. It is submitted by the parties that the 1^st petitioner is no more. The learned counsel appearing for the 4^th respondent submitted that the amount covered by Ext.P1 can be disbursed to the legal heirs of the 1^st petitioner in the event they approach the 4^th respondent producing legal heirship certificate. It is submitted that Ext.P1(a) direction has already been complied with. It is submitted that the direction contained in Ext.P1(b) also is settled.

¶35

This writ petition is closed recording the submissions made by the learned counsel for the 4^th respondent.

¶36

Sd/- (P.V.ASHA, JUDGE)

¶37

rtr/

Appu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Appu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vellora Vadakke Veettil Kamalakshi Vs Director of Collegiate Education

The M.D., Kaic Ltd. Vs C.S.Krishnan

K.Kuttappan Marar Vs Kerala State Co-Operative Employees

K.N.Reeja Vs Director General of Police

The Cochin Malabar Estates and Industrie Vs Epf Appellate Tribunal and Another

S.a.Edwin P.Raj & Others Vs the Secretary, Munnar Grama Panchayath