Dismissed

Rev. Dr.a.Kanakaraj v. Rt. Rev. Dharmaraj Rasalam

Kerala HC19 May 2022WP(C)/16119/2022

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the rejection of a Section 33C(2) application for gratuity and pension. The court held the application was premature as the petitioner's permanent employee status was under adjudication in a pending regular second appeal, granting liberty to file again upon its determination.

What did the court decide?

Writ Petition dismissed; liberty granted to file fresh application upon success in the pending regular second appeal.

Rev. Dr.a.Kanakaraj Vs Rt. Rev. Dharmaraj… — Pension and Retirement Benefits | Kerala HC (2022)

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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 AMIT RAWAL

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THURSDAY, THE 19^TH DAY OF MAY 2022 / 29TH VAISAKHA, 1944

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WP(C) NO. 16119 OF 2022

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PETITIONER:

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REV. DR.A.KANAKARAJ AGED 70 YEARS S/O.APPALOES, RESIDING AT GRACE VILLA, V.P.7/530-A, THAIVILA, PERUKAVU P.O., THIRUVANANTHAPURAM-695 573.

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BY ADVS. T.C.SURESH MENON B.DEEPAK

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RESPONDENTS:

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1 RT. REV. DHARMARAJ RASALAM THE BISHOP, CSI SOUTH KERALA DIOCESE, BISHOP HOUSE, LMS COMPOUND, THIRUVANNTHAPURAM-695 033.

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2 THE TREASURER, OFFICE OF THE CSI SOUTH KERALA DIOCESE, LMS COMPOUND, THIRUVANANTHAPURAM, PIN-695 033.

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3 THE SECRETARY, PASTORAL BOARD, OFFICE OF THE CSI SOUTH KERALA DIOCESE, LMS COMPOUND, THIRUVANANTHAPURAM-695 033.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.16119/2022

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JUDGMENT

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Challenge has been laid to the order of the Labour

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Court dismissing the application under Section 33C(2) of the Industrial Disputes Act, 1947 wherein claim has been made for payment of gratuity, monthly pension, arrears of wages etc. The aforementioned application was filed in the year 2019 before the Labour Court. Conceded position according to the petitioner is that, had filed a civil suit in 2008 before the competent court seeking a declaration that the petitioner was a regular employee of the Diocese i.e., C.S.I. South Kerala Diocese. The said suit was dismissed and the appeal also met with the same fate. Regular Second Appeal bearing No.1026 of 2019 is stated to be pending.

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I am of the view that the application filed in the year 2019 under Section 33C(2) was premature as the matter with regard to being a permanent employee of the Diocese is pending adjudication in the aforementioned RSA.

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W.P.(C) No.16119/2022

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In my view, the application in 2019 under Section 33C(2)

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is premature and rightly so, has been rejected.

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Writ Petition is dismissed. However, liberty is granted

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to file fresh application in case the petitioner succeeds in the pending RSA.

Sd/-

AMIT RAWAL JUDGE

csl

W.P.(C) No.16119/2022

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APPENDIX OF WP(C) 16119/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF C P 37/2019 ON THE FILE OF THE LABOUR COURT, KOLLAM DATED 14.11.2109 Exhibit P2 TRUE COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT TO EXT P1 DATED 15.4.2021 Exhibit P3 TRUE COPY OF THE SUBMISSION TO EXT P2 SUBMITTED BY THE PETITIONER DATED 5.8.2021 Exhibit P4 TRUE COPY OF THE ORDER IN CP NO 36/2019 ON THE FILE OF THE LABOUR COURT, KOLLAM DATED 30.12.2021

Rev. Dr.a.Kanakaraj v. Rt. Rev. Dharmaraj Rasalam

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Rev. Dr.a.Kanakaraj v. Rt. Rev. Dharmaraj Rasalam

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