Partly allowed

Rajan K.S v. the Chief Welfare Fund Inspector

Kerala HC12 Dec 2018WP(C)/40404/2018

Case brief

AI extract

What is this about?

In a writ petition concerning an enhanced pension claim, the High Court set aside the Welfare Fund Board's rejection order. The court remanded the matter for the Board to reconsider the claim, directing it to account for cases of other similarly placed toddy tappers who had their pleas entertained.

What did the court decide?

Set aside the impugned order rejecting the petitioner's claim and remand the matter to the Kerala Toddy Workers Welfare Fund Board for reconsideration taking into account exhibits P6 to P8.

Rajan K.S Vs the Chief Welfare Fund Inspector — Pension and Retirement Benefits | Kerala HC (2018)

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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 DAMA SESHADRI NAIDU

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WEDNESDAY,THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

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WP(C).No. 40404 of 2018

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PETITIONER:

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RAJAN K.S., S/O.SANKARAN, KOLLANPARAMBIL HOUSE, VALIAPARAMBU, KURUVILASSERY PO, ALATHUR.

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BY ADV. SRI.AYPE JOSEPH

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RESPONDENTS:

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1 THE CHIEF WELFARE FUND INSPECTOR

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KERALA TODDY WORKERS WELFARE FUND BOARD ULLOOR GARDEN, PAROTTUKONAM, TRIVANDRUM-695044,

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2 THE WELFARE FUND INSPECTOR

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KERALA TODDY WORKERS WELFARE FUND INSPECTOR ASHOKA NAGAR, KANJANI ROAD, AYYANTHOLE THRISSUR-680003.

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BY ADV. SRI.KOSHY GEORGE, SC, KTWWFB TODDY WORKERS WELFARE FUND BOARD

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SC SRI. S SUJIN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 40404 of 2018

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JUDGMENT

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The petitioner, a toddy tapper, claims that he worked in two spells, completing thirty seven years of service. The Ext.P2 order allows the toddy tappers having more than twenty five years to claim enhanced pension. Claiming that benefit, the petitioner issued the Ext.P3 legal notice to the 2^nd respondent; he complained that the officials have not so far considered the petitioner's representation. Later, he has filed W.P.(C) No.27296/2018.

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This Court, through the Ext.P4 judgment, disposed of the writ petition holding that the 2^nd respondent will consider the petitioner's Ext.P3 representation expeditiously. Thereafter, Toddy Workers Welfare Fund Board passed the Ext.P5 order rejecting the petitioner's claim. And the 2^nd respondent communicated that order to the petitioner. Once again the petitioner has approached this Court.

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The petitioner's counsel submits that under identical circumstances, the Board has entertained the plea of other similarly placed toddy tappers. In this context, he draws my attention to the

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WP(C).No. 40404 of 2018

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Ext.P8. In other words, he asserts that the Ext.P5 order is arbitrary and discriminating.

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The Standing Counsel for the respondents 1 and 2 submits that it is the Board that has passed the order. But it has not been arrayed as a party. Instead, the petitioner has brought on record only the officers who communicated the order.

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Under these circumstances, the Board may have to reconsider the petitioner's claim keeping in view the Exts.P6 to P8. But the Standing Counsel informs the Court that the Board meets only once in two months.

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I, therefore, set aside the Ext.P5 and remand the matter for the Board's reconsideration. When the Board reconsiders the petitioner's claim, it will take into account the Exts.P6 to P8 and pass appropriate orders. To enable the Board to reconsider the issue, the petitioner will produce a copy of the Writ Petition before it.

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Accordingly, I dispose of the Writ Petition.

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Sd/-

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DAMA SESHADRI NAIDU JUDGE

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WP(C).No. 40404 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	COPY OF THE RECEIPT EVIDENCING REMITTANCE OF CONTRIBUTION.
EXHIBIT P2	COPY OF ORDER NO.1514/2017/ LABOUR DATED 16.11.2017 WITH ENGLISH TRANSLATION.
EXHIBIT P3	COPY OF THE LAWYER NOTICE DATED 12.6.2018.
EXHIBIT P4	COPY OF THE JUDGMENT IN WP(C) NO.27296/18.
EXHIBIT P5	COPY OF LETTER ISSUED BY RESPONDENTS DATED 31.10.18 WITH ENGLISH TRANSLATION.
EXHIBIT P6	COPY OF CIRCULAR NO.P2/PENSION/007576/17, DATED 24.7.17.
EXHIBIT P6 A	TRUE TRANSLATION OF EXIT P6.
EXHIBIT P7	COPY OF CIRCULAR DATED 9.2.2018.
EXHIBIT P7 A	TRUE TRANSLATION OF EXIT P7.
EXHIBIT P8	COPY OF ORDER DATED 26.11.2018.
EXHIBIT P8 A	TRUE TRANSLATION OF EXIT.P6.
RESPONDENTS' EXHIBITS	- NIL
// TRUE COPY //	P.A. TO JUDGE
SD

Rajan K.S v. the Chief Welfare Fund Inspector

Case brief

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Rajan K.S v. the Chief Welfare Fund Inspector

Case brief

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