Allowed

Alphonsa Rajan, v. Kerala State Beverages (M and M) Corporation Ltd.

Kerala HC22 Dec 2020WP(C)/28801/2020

Case brief

AI extract

What is this about?

Single Judge ordered Kerala State Beverages Corporation to forward Form 20 and documents to Regional Provident Fund Commissioner within 10 days and directed Commissioner to disburse Provident Fund benefits within 1 month, relying on a connected judgment.

What did the court decide?

Directed Employer to forward Form 20 within 10 days; directed Provident Fund Commissioner to disburse benefits within 1 month of receipt.

Alphonsa Rajan, Vs Kerala State Beverages (M… — Pension and Retirement Benefits | Kerala HC (2020)

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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 DEVAN RAMACHANDRAN

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TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942

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WP(C).No.28801 OF 2020(A)

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PETITIONER:

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ALPHONSA RAJAN, AGED 53 YEARS W/O.LATE RAJAN N.G., GANESH BHAVAN, M.G.ROAD, MUNNAR P.O., IDUKKI.

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BY ADVS. SRI.DEEPU THANKAN SMT.UMMUL FIDA SMT.LAKSHMI SREEDHAR

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RESPONDENTS:

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1 KERALA STATE BEVERAGES (M AND M) CORPORATION LTD., KEVCO TOWER, VIKASBHAVAN, PALAYAM, THIRUVANANTHAPURAM -695 033 REP.BY ITS MANAGING DIRECTOR.

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2 REGIONAL PROVIDENT FUND COMMISSIONER BHAVISHYA NIDHI BHAWAN, PATTOM, THIRUVANANTHAPURAM - 695004.

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3 KERALA ABKARI WORKERS WELFARE FUND BOARD THIRUVANANTHAPURAM - 695 001 REP. BY ITS CHIEF WELFARE FUND INSPECTOR.

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SRI.T.NAVEEN, SC R1,SMT.NITA .N.S,SC R2, SRI. KRISHNAMOORTHY, SC, R3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28801 OF 2020 2

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JUDGMENT

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The learned Counsel for the parties in

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this case are ad idem that this writ petition can also be disposed of in the same terms as have been done by this Court

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in W.P.(C)No.17726/2020 and connected matters. A copy of this judgment has been produced on record as Ext.P2.

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The claim of the petitioner is with

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respect to the Provident Fund contribution

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to be remitted by the Kerala State Beverages Corporation Ltd. and she says that there has been an undue delay in doing

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so. She thus prays that the said Corporation be directed to forward the application submitted by her for Provident Fund amount to the Regional Provident Fund Commissioner and for a further direction to

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the said Authority to disburse the Provident Fund amounts at the earliest. She

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also prays that she be awarded an amount of Rs.25,000/- as compensation/damages for the

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WP(C).No.28801 OF 2020 3

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delay in disbursement of the Provident Fund

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amounts.

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I have examined Ext.P2 judgment and

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notice that petitioners therein are

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situated in an analogous situation as that of the petitioner herein.

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A learned Single Judge of this Court

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had allowed those writ petitions and directed the Beverages Corporation to forward Form No.20, along with all relevant documents, to the Regional Provident Fund Commissioner, for disbursal of the benefits to the petitioners within a period of ten days. A consequential direction was also issued therein to the Regional Provident

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Fund Commissioner to consider the

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application for disbursal of the benefits and to credit the eligible amounts to the petitioners therein, in the accounts furnished by them.

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WP(C).No.28801 OF 2020 4

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above, the petitioner herein stand on a similar footing as the petitioners in W.P. (C)No.17726/2020 and connected matters, I am of the firm view that she is also entitled to the same relief.

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In the result, this writ petition is allowed, directing the competent Authority of the Kerala State Beverages Corporation to forward Form No.20 of the petitioner along with all relevant documents, to the Office of the Regional Provident Fund Commissioner within a period of ten days from the date of receipt of a copy of this judgment.

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Needless to say, on receipt of the afore records, the Provident Fund Commissioner shall consider the petitioner's application and disburse the

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benefits, leading to the credit of the eligible amounts into her account as furnished by her; and this shall be done within a period of one month from the date

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WP(C).No.28801 OF 2020 5

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on which the records are received by the said Authority.

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It also goes without saying that while complying with the directions above, the Regional Provident Fund Commissioner is fully entitled to verify, within the time frame fixed herein, the genuineness of Form No.20 filed by the petitioner as per law.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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MC/23.12.2020

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WP(C).No.28801 OF 2020 6

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE DEATH CERTIFICATE OF RAJAN N.G.

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EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 15/09/2020 IN WPC NO.17726/2020. RESPONDENT'S/S EXHIBITS:

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NIL

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(TRUE COPY) PA TO JUDGE

Alphonsa Rajan, v. Kerala State Beverages (M and M) Corporation Ltd.

Case brief

What is this about?

What did the court decide?

Alphonsa Rajan, v. Kerala State Beverages (M and M) Corporation Ltd.

Case brief

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