Review petition allowed regarding entitlement to 'Ward of Insured Persons Certificate'. Court corrected arithmetical error in calculating employer contributions, downgrading entitlement from Group I to Group III.
Allowance of review petition and modification of the judgment to grant 'Ward of Insured Persons Certificate' under Group III.
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
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
MONDAY, THE 23RD DAY OF JULY 2018 / 1ST SRAVANA, 1940 RP.No. 612 of 2018 IN WPC. 17588/2018
AGAINST THE JUDGMENT IN WP(C) 17588/2018 of HIGH COURT OF KERALA DATED 11-07-2018
REVIEW PETITIONER/PETITIONER IN WPC:-
SOBHINI K.R., AGED 42 YEARS, W/O.MOHANAN K.V., KOLAKKADAN VEETIL, KONGANOOR P.O., ATHOLI, CALICUT - 673 315. BY ADVS.SMT.TANYA JOY SRI.S.VISHNU (V-736)
RESPONDENTS/RESPONDENTS IN WPC::
R1 BY SRI.P.SANKARANKUTTY NAIR
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 23-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jjj
DAMA SESHADRI NAIDU, J.
Review Petition No. 612 of 2018 in W.P.(C) No. 17588 of 2018 (W)
Dated: 23rd July, 2018
O R D E R
This Court through a judgment, dated 11th July 2018, dismissed a batch of writ petitions. In that judgment, I held that the petitioners in none of the writ petitions was entitled to
the relief: the grant of 'Ward of Insured Persons Certificate'.
the alternative, she is entitled to the certificate at least under Group III.
R.P. No.612/2018 in W.P.(C) No.17588/2018
-2-
contributions the petitioner's employer made. Taking the last half yearly contribution as the reckoning, the employer contributed five times in seven periods. During all the five periods, the petitioner worked over 78 days.
R.P. No.612/2018 in W.P.(C) No.17588/2018
-3-
contention. Now what remains is an arithmetical error I committed in calculating the employer's contributions. To rectify that mistake I allow the writ petition.
This modification shall be read as part of the judgment,
dated 11.07.2018.
Sd/DAMA SESHADRI NAIDU JUDGE
jjj 23/07/2018
2 issues framed by the court
Whether arithmetical error in counting contribution periods justifies allowing a review petition for a 'Ward of Insured Persons Certificate'.
Whether the petitioner is entitled to the certificate under Group III based on corrected contribution data.
SOBHINI K.R.
EMPLOYEES STATE INSURANCE CORPORATION
UNITED DISTILLERIES
COMPASS HR CONSULTANCY
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
