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K.P.Kuttai v. State of Kerala

Kerala HC23 Mar 2017WP(C)/1913/2010

Case brief

AI extract

What is this about?

This writ petition directed the Kerala Toddy Workers' Welfare Fund Board to sanction pension to the petitioner. The Court quashed the order denying pension and directed the Board to consider the petitioner's service from October 1993 and pay due arrears within four months.

What did the court decide?

Exhibit P5 order set aside; directed Board to consider service from 1.10.1993 and pay pension with arrears within four months.

K.P.Kuttai Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 23RD DAY OF MARCH 2017/2ND CHAITHRA, 1939

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WP(C).No. 1913 of 2010 (L)

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PETITIONER(S):

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K.P.KUTTAI, S/O.CHERIAKKAN, KUTTIPARAMPIL HOUSE, POOVATTUPARAMPA P.O., KOZHIKODE-673 008.

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BY ADVS.SRI.THOMAS ANTONY SRI.TITUS MANI

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO, GOVERNMENT, THIRUVANANTHAPURAM.

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2. THE SECRETARY, KERALA TODDY WORKERS' WELFARE FUND BOARD,, ULLOOR, MEDICAL COLLEGE P.O.,, THIRUVANANTHAPURAM.

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R2 BY ADV. SRI.K.D.BABU, SC, KERALATODDY WORKERS WELFARE FUND BOARD

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R1 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1913 of 2010 (L)

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APPENDIX

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PETITIONERS EXHIBITS

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EXT.P1:- TRUE COPY OF PROCEEDINGS OF KOZHIKODE WELFARE FUND INSPECTOR DATED 24.06.1994.

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EXT.P2:- TRUE COPY OF LAWYER'S NOTICE DATED 27.01.2004.

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EXT.P3:- TRUE COPY OF 2ND RESPONDENT'S LETTER DATED 02.12.2004.

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EXT.P4:- TRUE COPY OF ORDER OF THE KOZHIKODE WELFARE FUND INSPECTOR DATED 08.08.1996.

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EXT.P5:- TRUE COPY OF 2ND RESPONDENT'S LETTER DATED 19.07.2007

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EXT.P6:- TRUE COPY OF GOVERNMENT LETTER DATED 10.06.2008

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EXT.P7:- TRUE COPY OF DECISION OF THE 312TH BOARD MEETING DATED 27.11.1995.

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EXT.P8 SERIES:- TRUE COPY OF THE PASSBOOK ISSUED BY THE TRADE UNION C.I.T.U, TO THE PETITIONER SHOWING HIS CONTRIBUTION TOWARDS the WELFARE FUND FROM 01.10.1993 TO 31.03.1995.

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RESPONDENTS EXHIBITS NIL

// True Copy //

P.A. To Judge

rmm

ANU SIVARAMAN, J.

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W.P(C).No. 1913 of 2010

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----------------------------------------------Dated this the 23^rd March, 2017

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JUDGMENT

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The prayer in this writ petition is as follows:

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“i) issue a writ of certiorari calling for the records leading to Exhibit P5 and quash the same.

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ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to sanction pension to the petitioner.”

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It is submitted by learned counsel for the petitioner that the petitioner had been enrolled as a member of the Toddy Workers Welfare Fund Board with effect from 1.10.1993 and had been making due remittances to the Board. However, the petitioner's claims for pension was denied on the reason that his admission in the Board was only with effect from 1.4.1995 and that he did not have minimum qualifying service for pension.

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Heard learned counsel for the petitioner and the learned Senior Government Pleader as well as the learned Standing Counsel for the 2^nd respondent Board.

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It is stated in the counter affidavit filed on behalf of the Board that no welfare fund contribution had been remitted for

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WP(C).1913/10

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the years 1993-94 and 1994-95 and the petitioner had been registered in the fund with effect from 1.4.1995. However, the petitioner produced Exhibit P8 pass book of remittances to show that he had been making contributions to the Welfare Fund from October, 1993 onwards. It is clear from Exhibit P8 that such remittances had been made in due time. Exhibit P1 order of the 2^nd respondent Board also specifically states that the petitioner had been working as toddy tapper from 1.4.1993. In the above view of the matter, I am of the opinion that the action of the 2^nd respondent Board in refusing to pay pension to the petitioner taking note of the contribution made by the petitioner from October, 1993 onwards is illegal. This is more so in view of the fact that by Exhibit P6, the Government had informed the petitioner that the Board had been directed to pay pension to the petitioner taking note of his membership in the Board with effect from 1.10.1993.

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In the result, Exhibit P5 order is set aside. It is directed that the service of the petitioner from 1.10.1993 during which period the petitioner had remitted the contribution shall be taken note of and the petitioner shall be paid pension due to him. The amounts due to the petitioner with arrears thereof

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WP(C).1913/10

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shall be calculated and paid to the petitioner within four

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months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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ANU SIVARAMAN JUDGE

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vgs27/3

K.P.Kuttai v. State of Kerala

Case brief

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K.P.Kuttai v. State of Kerala

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