Allowed

Kerala State Handloom Development Corporation v. Skaria B.

Kerala HC20 Feb 2023RP/97/2022

Case brief

AI extract

What is this about?

In a review petition, the High Court of Kerala granted the petitioners six months from the date of order to honor their commitment to pay Leave Surrender Encashment to pensioners. The court allowed this due to the petitioners' extreme financial crisis and noted that gratuity amounts had already been disbursed to all pensioners.

What did the court decide?

Extension of six months from the date of order for the petitioners to pay the leave surrender encashment benefit to the pensioners.

Kerala State Handloom Development Corporation… — Pension and Retirement Benefits | Kerala HC (2023)

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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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MONDAY, THE 20^TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA,

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1944

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RP NO. 97 OF 2022

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AGAINST THE JUDGMENT DATED 08.04.2021 IN WP(C) 100/2021

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OF HIGH COURT OF KERALA

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REVIEW PETITIONERS/RESPONDENTS 1 AND 2:

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1 KERALA STATE HANDLOOM DEVELOPMENT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, THILLERI ROAD, KANNUR - 670 001, KERALA.

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2 MANAGING DIRECTOR KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LTD., THILLERI ROAD, KANNUR - 670 001, KERALA.

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BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN

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RESPONDENTS/PETITIONERS AND THE 3RD RESPONDENT:

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1 SKARIA B. AGED 59 YEARS S/O.BENNIAM, PUTHEN PURAKKAL HOUSE, KAPPIL EAST, KRISHNAPURAM POST, ALAPPUZHA DIST.- 690 533, KERALA.

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2 JASEENTHAC.A. AGED 59 YEARS W/O.K.J.MATHEW, KONNULLY HOUSE, MANDAKKARA ROAD, COCHIN - 682 018, KERALA.

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3 M.N.SREEKUMARI AGED 59 YEARS W/O.SASIDHARAN N.N.,NEDUNGATHURUTHIL HOUSE, EROOR NORTH POST, ERNAKULAM DISTRICT - 682 306, KERALA.

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4 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,

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RP NO. 97 OF 2022

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GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RP NO. 97 OF 2022

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O R D E R

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This petition, seeking review, of the judgment of the Court dated 08.04.2021 has been impelled by the petitioners effectively seeking time to pay off the amounts eligible to the pensioners as Leave Surrender Encashment.

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Smt.Pooja Menon – learned counsel for the petitioners, submitted that her client is going through extreme financial crisis and that assistance from the Government of Kerala has also not been forthcoming. She prayed that, therefore, they be given at least six months time to honour the commitment under the afore head; however, adding that the amounts of Gratuity to all the pensioners have already been paid off. She explained that, she is confined to make the afore submission because, if the petitioners are paid out of turn, then the seniority list of the pensioners would be disturbed. She concluded, saying that this Review Petition is also filed because the prayer of the petitioners was only for Gratuity and not for Leave Surrender Encashment

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Sri.P.K.Ravisankar – learned counsel for the respondents pointed out that, even as per Ext.P1 produced along with Writ Petition, the benefit of Leave Surrender Encashment has been conceded to by the petitioners; and that even in this Review

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RP NO. 97 OF 2022

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Petition, they does not have a case to the contrary. He, therefore, objected the request of time as sought for by Smt. Pooja Menon.

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There can be little doubt that, even going by the pleadings on record and the conceded position, Leave Surrender Encashment is a benefit that has been unequivocally admitted to by the petitioners. Hence no objection can be made to the directions of this Court to the petitioners to pay it also.

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In any event, since the petitioners now confine their

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plea for time to effect payment of Leave Surrender Encashment, I deem it apposite to accede to it; particularly because, they have already honoured the commitment of Gratuity to all the pensioners.

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In the afore circumstances, I dispose of this Review Petition, extending the time frame for payment of the component of Leave Surrender Encashment to the respondents and to other pensioners, by a period of six months from today.

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Sd/- DEVAN RAMACHANDRAN,

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JUDGE

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lsn

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RP NO. 97 OF 2022

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APPENDIX OF RP 97/2022

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PETITIONER ANNEXURES

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Annexure A TRUE COPY OF THE LIST PERTAINING PREPARED BY KERALA STATE HANDLOOM DEVELOPMENT CORPORATION REGARDING TERMINAL SURRENDER UP TO 30/11/2020. Annexure A2 DETAILS OF DISBURSEMENT OF GRATUITY AND LEAVE SURRENDER.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Kerala State Handloom Development Corporation v. Skaria B.

Case brief

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Kerala State Handloom Development Corporation v. Skaria B.

Case brief

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