In this successive writ petition, the petitioner claimed interest on terminal benefits already paid in compliance with a prior order. The Court held that the payment was made strictly as directed and allowed no ground for further interference, dismissing the petition.
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 AMIT RAWAL
WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA, 1944
WP(C) NO. 7491 OF 2021
PETITIONER:
PRADEEPKUMAR P. S.,
AGED 60 YEARS,
S/O. SIVARAMAN, PATHIYIL PARAMBIL HOUSE,
PUTHENANGADY, P. O., KOTTAYAM - 686 001.
BY ADV T.O.XAVIER
RESPONDENTS:
1 KERALA STATE BEVERAGE (M AND M) CORPORATION LTD. BEVCO TOWER, VIKAS BHAVAN P. O., THIRUVANANTHAPURAM - 695 033, REPRESENTED BY ITS MANAGING DIRECTOR.2INDIAN AUDIT AND ACCOUNTS DEPARTMENT,
OFFICE OF THE ACCOUNTANT GENERAL,
THIRUVANANTHAPURAM - 695 031,
REPRESENTED BY ITS SECRETARY.
3 LABOUR COMMISSIONERATE, VIKAS BHAVAN, TRIVANDRUM - 695003, REPRESENTED BY LABOUR COMMISSIONER.BY ADV.
SRI.T.NAVEEN, SC
SRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This Court while dealing with the grievance of the petitioner for non payment of the terminal benefits, in the judgment dated 13.11.2020 Ext.P3, observed as under:
“6. I am, therefore, firm in my mind that merely because the respondents have chosen to file a complaint before the Vigilance Department, it would not give them the authority to detain or retain the balance terminal benefits of the petitioner, especially when the report of internal enquiry has found in his favour, admittedly.
In the afore circumstances, I order this writ petition and direct the respondents to pay the balance terminal benefits to the petitioner, as expeditiously as is possible, but not later than one month from the date of receipt or a copy of this judgment; failing which, the entire amounts will carry interest at the rate of 9% per annum from 01.05.2019 till the date it is actually paid.”
that the terminal benefits have been paid on 21.12.2020.
WP(C) NO. 7491 OF 2021
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in the direction aforementioned is liable to be paid from 01.05.2019.
I am afraid that the aforementioned contention
cannot be accepted for the reason that the amount has been paid strictly as per the direction of this Court, in view of statement made by the counsel, on 21.12.2020. No ground for interference is made out. Writ petition is accordingly dismissed.
Sd/-
AMIT RAWAL JUDGE
vv
WP(C) NO. 7491 OF 2021
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APPENDIX OF WP(C) 7491/2021
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE APPLICATION DATED
11.04.2019 SUBMITTED BY THE PETITIONER
IN THE PRESCRIBED PERFORMA.
EXHIBIT P2TRUE COPY OF ONE OF SUCH
REPRESENTATION DATED 30.07.2019.
EXHIBIT P3TRUE COPY OF THE JUDGMENT DATED
13.11.2020 PASSED BY THIS HON'BLE
COURT IN W.P.(C) NO.3884/2020(I).
EXHIBIT P4TRUE COPY OF THE REPRESENTATION DATED
28.12.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
1 issue framed by the court
Whether the petitioner is entitled to interest on terminal benefits paid within the direction of the previous judgment.
Pradeepkumar P. S.
Kerala State Beverage (M and M) Corporation Ltd.
Indian Audit and Accounts Department
Labour Commissionerate
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court