Allowed

Shiji Biju v. State of Kerala

Kerala HC10 Apr 2018WP(C)/4341/2018

Case brief

AI extract

What is this about?

In a writ petition, the Court held that dues payable to a deceased contractor for completed work are not compensable under the Employees' Compensation scheme. The Court directed the Kerala State Electricity Board to withdraw the amount deposited with the Industrial Tribunal and pay the petitioner as the nominee and legal heir.

What did the court decide?

The KSEBL is directed to withdraw Rs. 6,63,681/- from the Commissioner for Employees' Compensation and pay the petitioner on production of requisite documents.

Shiji Biju Vs State of Kerala — Service and Employment | 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 SHAJI P.CHALY

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TUESDAY, THE 10TH DAY OF APRIL 2018 / 20TH CHAITHRA, 1940

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WP(C).No. 4341 of 2018

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PETITIONER

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SHIJI BIJU., AGED 32 YEARS, W/O. LATE BIJU T. ABRAHAM, THENAMMAKKIL, PODIKKALAM, KOOTTUMUGHAM, SREEKANDAPURAM, THOLAMBRA P.O., KANNUR-670673.

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BY ADV.SMT.R.LEELA

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RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY (ADMINISTRATION), KERALA STATE ELECTRICITY BOARD LTD., SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. THE BOARD SECRETARY, KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.

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3. THE CHIEF PERSONNEL OFFICER, PERSONNEL DEPARTMENT, KSEB LTD., VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.

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4. THE DEPUTY CHIEF ENGINEER, KSEB LTD., TRANSMISSION CIRCLE, VYDYUTHI BHAVANAM, KANNUR-670002.

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5. THE ASST. EXECUTIVE ENGINEER, KSEB LTD., TRANSMISSION SUB DIVISION, THALASSERY, KANNUR-670101.

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R1 BY SR GOVERNMENT PLEADER SRI.P.M. MANOJ R2 TO R5 BY ADV. SRI.K.P.ASHOK KUMAR, SC, SRI.P.A.AHAMED, SC,

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sdr/11.04.18

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WP(C).No. 4341 of 2018 (P)

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APPENDIX

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PETITIO -------	NER(S -----	)' --	EXHIBITS -------------
EXHIBIT	P1		THE TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE DEPARTMENT OF PANCHAYATH DATED 16.09.2017.
EXHIBIT	P2		THE TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE ISSUED BY THE TALUK OFFICE, THALIPARAMBA.
EXHIBIT	P3		THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE MANAGER, KANNUR DISTRICT CO-OPERATIVE BANK, SREEKANDAPURAM EVENING BRANCH.
EXHIBIT	P4		THE TRUE COPY OF THE REPRESENTATION DATED 02.11.2017.
EXHIBIT	P5		THE TRUE COPY OF THE LETTER NO. P58/CW/FA/BIJU T ABRAHAM/3562-83/2017/764 DATED 02.11.2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT	P6		THE TRUE COPY OF THE APPLICATION BEFORE THE CHAIRMAN, KSEB, THROUGH K. C. JOSEPH, MLA ON 28.11.2017.
EXHIBIT	P7		THE TRUE COPY OF THE LETTER FORWARDED FROM THE OFFICE OF THE MLA K. C. JOSEPH DATED 29.11.2017.
EXHIBIT	P8		THE TRUE COPY OF THE LETTER NO. GB 1/BIJU T. ABRAHAM/2017-18/122 DATED 01.12.2017 ISSUED FROM THE OFFICE OF THE EXECUTIVE ENGINEER, TRANSMISSION CIRCLE, KANNUR.
EXHIBIT	P9		THE TRUE COPY OF THE ORDER NO.B.O. (CIVID) NO. 50/2018 (PS.8/CW/FA/BIJU T ABRAHAM/3562-83/2017) DATED 06.01.2018, FROM THE OFFICE OF THE 3RD RESPONDENT.
EXHIBIT	P10		THE TRUE COPY OF THE RELEVANT PAGE OF THE NOMINATION FORM SIGNED BY BIJU T ABRAHAM AT THE TIME OF EXECUTING THE WORK AGREEMENT.
EXHIBIT	P11		THE TRUE COPY OF THE REPRESENTATION BEFORE THE 1ST RESPONDENT DATED 06.02.2018.
RESPOND	ENTS	EX	HIBITS NIL
-------	---	--	-------- /TRUE COPY/
			PA TO JUDGE
sdr/- 11.04.1	8

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SHAJI P. CHALY, J.

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W.P.(C). No. 4341 OF 2018

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Dated this the 10^th day of April, 2018

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JUDGMENT

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Petitioner herein is the widow of one Biju T. Abraham, who met with a fatal accident on 22.07.2017 at 33KV Substation, Tholambra, while executing a contract work sanctioned, as per order No. 69/2016-17 by the Kerala State Electricity Board Limited (KSEBL). Respondents admitted that the deceased Biju T. Abraham had completed 66% of the work and that a sum of Rs. 6,63,681/- is due to him. But instead of releasing the amount to the petitioner, who is the nominee, the respondents vide by Exts.P5 and P9 converted the amount due under the contract into a compensation and deposited an amount of Rs. 6,63,681/- before the Commissioner for Employees' Compensation, Industrial Tribunal, Kozhikode, ignoring the objections raised by the petitioner.

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I have heard learned counsel for the petitioner,

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W.P.(C). No. 4341 OF 2018

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learned Senior Government Pleader and learned Standing Counsel appearing for the KSEBL. The controversy revolves around Ext.P9, wherein the KSEBL has deposited the amount due to the petitioner's husband in respect of the contract before an authority which deals with compensation. The relevant portion of Ext.P9 read thus:

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“The Deputy Chief Engineer, Transmission Circle, Kannur has informed that 66% of the work has been completed and the deceased is eligible to get an amount of Rs. 6,63,681/- towards the works completed by himself and his workers.

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Having considered the above facts and the legal implications involved, the Kerala State Electricity Board Limited has decided to deposit an amount of Rs. 6,63,681/- (on behalf of payment due to the work completed by contractor) towards compensation and funeral expenses before the Commissioner for Employees' Compensation for the time being and the balance, if any, to be deposited towards compensation may be decided later based on the judgment obtained in respect of suits filed if any in this regard.

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The Deputy Chief Engineer, Transmission Circle, Kannur is authorised to deposit Rs. 6,63,681/-

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W.P.(C). No. 4341 OF 2018

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(Rupees Six Lakh Sixty Three Thousand Six Hundred Eighty One only) vide a crossed Cheque drawn in favour of the Commissioner for Employees' Compensation, Industrial Tribunal, Kozhikode. He shall depute an officer to hand over the Cheque along with duly filled up Form 'A' (in duplicate) before the Commissioner for Employees' Compensation, Kozhikode and to obtain the receipt for the amount deposited.”

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Admittedly, the amount due to a contractor is not a compensation to be considered by the aforesaid Commission. In that view of the matter, the grievance raised by the petitioner in this writ petition find force.

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Taking into account the respective submissions made across the Bar and finding that the amount due to the petitioner's husband was in respect of the 66% of the contract work carried out by him on account of the agreement executed, the same cannot be treated as a compensation. Therefore, the KSEBL is directed to withdraw the said amount from the Commission for Employees' Compensation, Industrial Tribunal, Kozhikode and pay the same to the petitioner on production of

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W.P.(C). No. 4341 OF 2018

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requisite documents as to the legal heirship at the earliest possible time, and at any rate, within two months

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

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The writ petition is disposed of, accordingly.

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Sd/-

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SHAJI P. CHALY JUDGE

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DCS

Shiji Biju v. State of Kerala

Case brief

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Shiji Biju v. State of Kerala

Case brief

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