Held that a retired employee must receive retiral benefits promptly. The court directed the cooperative society to pay eligible amounts including pension and gratuity within four months.
Directed the 4th respondent to pay eligible retiral benefits, including pension and gratuity, within four months of receiving a copy of this judgment.
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
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 7TH DAY OF NOVEMBER 2022 / 16TH KARTHIKA,
1944
WP(C) NO. 12637 OF 2022
PETITIONER:
AJITHA T.A W/O SANTHOSHKUMAR K A. KOZHIKKAL HOUSE, MADAPLATHURUTH, MOOTHAKUNNAM P O, NORTH PARAVUR, ERANAKULAM-683516.
BY ADVS. E.S.ASHRAF AKSHAY VENU
RESPONDENTS:
4 THE SECRETARY VAVAKKAD COIR VYAVASAYA CO-OPERATIVE SOCIETY LTD NO.145, VAVAKKAD, MOOTHAKUNNAM P O, NORTH PARAVUR, ERNAKULAM DISTRICT-683516.
BY ADV DEEPAK JOY.K.
SMT.RESMI THOMAS-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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DEVAN RAMACHANDRAN, J.
------------------------------------------W.P (C) No. 12637 of 2022 ---------------------------------------------- Dated this the 07th day of November, 2022
JUDGMENT
The singular plea of the petitioner, who is stated to have retired from the services of “Vavakkad Coir Vyavasaya Co-operative Society” ('the Society' for short) on 30.07.2020, is that she be ordered to be granted the retiral benefits, including Provident Fund, pension, salary arrears, gratuity etc, within a time frame to be fixed by this Court.
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employees. He added that they are going through extreme financial crisis and therefore, that they be given at least a year's time to pay off the amounts - either in lumpsum or installments.
Resultantly, taking note of Ext.P4 letter of the Society, I order this Writ Petition and direct the 4th respondent to pay eligible amounts to the petitioner, including Provident Fund, pension, salary arrears, gratuity etc, - in lumpsum or in installments, as
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expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
Sd/-DEVAN RAMACHANDRAN, JUDGE
lsn
W.P (C) No. 12637 of 2022
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APPENDIX OF WP(C) 12637/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO.CSI/8021/97 DATED 29.09.1997 APPROVING THE APPOINTMENT OF THE PETITIONER BY THE 1ST RESPONDENT. Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 4TH RESPONDENT. Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 27.10.2021 SUBMITTED TO THE 3RD RESPONDENT. Exhibit P4 TRUE COPY OF THE COMMUNICATION NO.D/1138/2021 (2) DATED 27.01.2022 OF THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
2 issues framed by the court
Whether a retired employee should be ordered to receive retiral benefits after an unacceptable delay.
Whether retiral benefits should be paid in lumpsum or installments within a fixed timeframe.
Ajitha T.A
The Additional Director of Coir Development
The Project Officer (Coir)
The Coir Inspector
The Secretary Vavakkad Coir Vyavasaya Co-operative Society Ltd.
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
