Partly allowed

M.K.Devadas, v. Ajayakumar K.P.

Kerala HC18 Nov 2019Con.Case(C)/772/2019

Case brief

AI extract

What is this about?

This common judgment disposed of a contempt petition and a writ appeal regarding non-payment of gratuity directed by a prior order. The Court dismissed the writ appeal and granted two months to the Bank to pay the gratuity with interest, warning of contempt proceedings if delayed.

What did the court decide?

Two months time granted to pay balance gratuity with 6% interest per annum from 1.11.2014; failure to comply invites contempt proceedings.

M.K.Devadas, Vs Ajayakumar K.P. — Contract and Commercial Disputes | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

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Con.Case(C).No.772 OF 2019 IN WP(C). 34470/2017

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AGAINST JUDGMENT DATED 26.10.2018 IN WP(C) 34470/2017 OF HIGH COURT OF KERALA

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PETITIONER/PETITIONER IN WPC:

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M.K.DEVADAS, AGED 62 YEARS

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S/O.PADMANABHAN NAIR, KRISHNA, EAST PAVANGAD, PUTHIYANGADI P.O., KOZHIKODE DISTRICT, PIN - 672 031.

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BY ADV. SRI.S.K.BALACHANDRAN BY M.K.DEVADAS,(PARTY IN PERSON)

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RESPONDENTS/RESPONDENTS 1 & 2 IN WPC:

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1 AJAYAKUMAR K.P.,

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(AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER), GENERAL MANAGER, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD.NO.F.1635, P.B.NO.503, CHALAPPURAM P.O., KALLAI ROAD, KOZHIKODE - 673 002.

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2 UDAYABHANU K., (AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONERS), JOINT REGISTRAR/PART TIME ADMINISTRATOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD.NO.F.1635, P.B.NO.503, CHALAPPURAM P.O., KALLAI ROAD, KOZHIKODE - 673 002.

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R1 BY SRI.P.C.SASIDHARAN, SC, KOZHIKODE DISTRICT COOPERATIVE BANK

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2019, ALONG WITH WA.1790/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).772/2019 & WA.1790/2019

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

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WA.No.1790 OF 2019

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AGAINST THE JUDGMENT DATED 26.10.2018 IN WP(C) 34470/2017(G) OF HIGH COURT OF KERALA

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APPELLANTS/RESPONDENTS 1 & 2:

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1 THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD. NO. F. 1635 , REPRESENTED BY ITS GENERAL MANAGER, P.B. NO. 503, P.O. CHALAPPURAM, KALLI ROAD, KOZHIKODE 673 002.

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2 THE ADMINISTRATOR, KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD. NO. F. 1635 , REPRESENTED BY ITS GENERAL MANGER, P.B. NO. 503, P.O., CHALAPPURAM, KALLAI ROAD, KOZHIKODE 673 002.

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BY ADV. SRI.P.C.SASIDHARAN

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RESPONDENTS/PETITIONER & 3RD RESPONDENT:

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1 M.K.DEVADAS

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KRISHNA, EAST PAVANGAD, P.O., PUTHIYANGADI, KOZHIKODE 673 021.

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2 THE BRANCH MANAGER, LIC OF INDIA, KOZHIKODE DIVISION, DIVISIONAL OFFICE, JEEVAN PRAKASH KOZHIKODE 673 001.

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R1 BY ADV. SRI.S.K.BALACHANDRAN R2 BY ADV. SRI.BASANT BALAJI

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18.11.2019, ALONG WITH Con.Case(C).772/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).772/2019 & WA.1790/2019

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JUDGMENT

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Dated this the 18th day of November 2019

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S.MANIKUMAR, C.J.

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The instant writ appeal is filed against a judgment in W.P. (C).No.34470/2017 dated 26.10.2018, by which the learned Single Judge following the law laid down by a Full Bench of this Court in Chandrasekharan Nair G. and Others V. Kerala State Copoperative Agricultural and Rural Development Bank Ltd. and

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others [2017 (4) KLT 276 (FB)] and also the judgment of a Division Bench of this Court in W.A.No.524/2018, directed respondents 1 and 2 therein to ensure that the writ petitioner is disbursed with a sum of Rs.9,02,614/- towards the balance amount of gratuity payable in terms of the policy taken by the Bank with the Life Insurance Corporation of India, together with interest at the rate of 6% per annum from 1.11.2014 within two months from the date of receipt of a certified copy of this judgment. Contending that there is a wilful disobedience of the judgment made in W.P.(C).No.34470/2017 dated 26.10.2018, C.O.(C).No.772/2019 is filed.

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Con.Case(C).772/2019 & WA.1790/2019

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The matter involved in contempt case and in writ appeal is one and the same and they are taken up together and disposed of by this common judgment. Though Mr. P.C. Sasidharan, learned Standing Counsel for the appellants, the Kozhikode District Co-operative Bank Ltd., Kozhikode and another, made submissions assailing the correctness of the order, we are not inclined to accept the said contention for the reason that the judgment made in W.P. (C).No.34470/2017 dated 26.10.2018 is based on the decision of a Full Bench of this Court in Chandrasekharan Nair G. (supra) as well as considering the judgment of the Division Bench in W.A.No.524/2018. Besides, a Division Bench of this Court in W.A.No.2026/2018 has also held that the persons similar to the writ petitioner are entitled to gratuity. The said judgment made in W.A.No.2026/2018 dated 15.10.2018 reads as follows:

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“The issue is covered by the judgment of this Court in Chandrasekharan Nair G. and Others V. Kerala State Copoperative Agricultural and Rural Development Bank Ltd. and others [2017 (4) KLT 276 (FB)] and in W.A.No.524 of 2018 and connected cases. The reasonings therein will follow. There is no merit in this appeal and is accordingly dismissed.”

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In the light of the above legal position, W.A.No.1790/2019 is dismissed. The question demands to be considered is, what action

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is to be taken in Contempt Case (C).No.772/2019. In W.P.

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Con.Case(C).772/2019 & WA.1790/2019

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(C).No.34470/2017, the learned Single Judge has directed payment of gratuity together with interest at the rate of 6% per annum from 1.11.2014 to be paid within two months from the date of receipt of a certified copy of the judgment. Though Mr. P.C. Sasidharan, learned counsel for the appellants in W.A.No.1790/2019 submitted that SLPs have been filed as against the judgment dated 12.7.2018 in W.A.No.524/2018 & connected cases of the Division Bench of this Court, perusal of the order made in SLP(C).No.25267/2018 dated 05.10.2018 shows that the Honourable Supreme Court was pleased to order notice only in the delay petition. The delay has not been condoned. Courts have also consistently held that so long there is no stay of the order impugned, mere filing of SLP could not restrict the High Courts to proceed against the alleged contemnors, if there is wilful disobedience of orders of this Court. It is pertinent to refer to the submission of the learned Standing Counsel for the appellants that for none of the employees, the gratuity as directed by the Honourable Division Bench of this Court has been paid and SLP is filed and the same is pending. The gratuity has not been paid from 2014 itself.

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In the above circumstances, we intend to grant two months' time from today to the appellants to pay the balance gratuity together with interest at the rate of 6% per annum from 1.11.2014, failing which appropriate proceedings will be initiated by this Court as per Contempt

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Con.Case(C).772/2019 & WA.1790/2019

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of Courts Act, 1971. It is also open for the writ petitioner to approach this Court for appropriate orders. With the above observation,

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Contempt Case (C) .No.772/2019 is closed.

Sd/-

S.MANIKUMAR

CHIEF JUSTICE

Sd/-

A.M.SHAFFIQUE

True copy

JUDGE

P.A. To Judge.

Con.Case(C).772/2019 & WA.1790/2019

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APPENDIX OF Con.Case(C) 772/2019

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 26/10/2018 IN W.P.(C) NO.34470/2017. ANNEXURE A2 TRUE COPY OF THE LETTER DT. 16/11/2018 ENCLOSING COPY OF ANNEXURE A1 JUDGMENT.

M.K.Devadas, v. Ajayakumar K.P.

Case brief

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M.K.Devadas, v. Ajayakumar K.P.

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