The Court fixed twelve months for the respondents to disburse the petitioner's retirement benefits due to the first respondent's financial crisis. The petition was allowed with directions to ensure payment by lumpsum or installments.
Direction to disburse retirement benefits within twelve months via lumpsum or installments.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 11TH DAY OF AUGUST 2023 / 20TH SRAVANA, 1945
WP(C) NO. 9035 OF 2023
PETITIONER:
ARJUNAN.R.K,AGED 58 YEARS S/O. R.KRISHNAN PILLAI, 9/ 54, SREEPADHAM, PANCHAYATH ROAD, KAVARAPARAMBU, NAYATHOE P.O, ANKAMALY, ERNAKULAM DISTRICT - 683572
BY ADV C.V.MILTON
RESPONDENTS:
1 KERALA STATE BAMBOO CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, P.B.NO.20, ANKAMALY, ERNAKULAM., PIN - 683573
2 THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE ASSISTANT PROVIDENT FUND COMMISSIONER., EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE,36/685A, BHAVESHANIDHI BHAVAN, KALOOR, KOCHI, PIN - 682017
4 THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, 36/685A, BHAVESHANIDHI BHAVAN, KALOOR, KOCHI., PIN - 682017
BY ADV THOMAS MATHEW NELLIMOOTTIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9035 OF 2023 : 2 :
JUDGMENT
The petitioner has approached this Court for a direction to the 1st respondent to release his retiral benefits on attaining the age of superannuation from the services of the 1st respondent within a time frame.
WP(C) NO. 9035 OF 2023 : 3 :
the 1st respondent that they are unable to disburse the retiral benefits on account of financial crisis, I deem it appropriate to fix twelve months time for the respondents to honour the retiral benefits of the petitioner.
Accordingly, this writ petition is allowed with a direction to the competent authority of the 1st respondent to ensure that all eligible retiral benefits are disbursed to the petitioner either in lumpsum or in installments, as expeditiously as is possible, but not later than twelve months from the date of receipt of a copy of this judgment. Needless to say, once the afore payment is made, the petitioner will be at full liberty to invoke any remedy, if he intends to claim interest on the same; for which purpose, all contentions are left open.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SB
WP(C) NO. 9035 OF 2023 : 4 :
APPENDIX
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE NOTICE NO. KSBC/MD/2021-22 DATED 31.12.2021 ISSUED TO THE PETITIONER INFORMING THE DATE OF RETIREMENT |
|---|---|
| Exhibit P2 | TRUE COPY OF THE APPOINTMENT ORDER NO.P7A. DEPT./E/99/772 DATED 16.12.1999 ISSUED TO THE PETITIONER |
| Exhibit P3 | TRUE COPY OF THE RATIFICATION ORDER OF APPOINTMENT G.O (MS) 70/2001/ID DATED 27.03.2001 ISSUED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT |
| Exhibit P4 | A TRUE COPY OF THE STATEMENT SHOWING THE DETAILS OF THE AMOUNTS REMITTED BY THE 1ST RESPONDENT TO HIS EPF ACCOUNT |
| Exhibit P5 | TRUE COPY OF THE ACKNOWLEDGE OF THE JOINT OPTION FORM FILED BEFORE THE EPF AUTHORITY BY THE PETITIONER ON 10.03.2023 |
| Exhibit P6 | A TRUE COPY OF THE SALARY SLIP OF THE PETITIONER FOR SEPTEMBER, 2022 |
| Exhibit P7 | TRUE COPY OF THE MEDICAL BILLS OF THE APPOLLO ADLUX HOSPITAL DATED 21.08.2022 |
| Exhibit P8 | A TRUE COPY OF THE REPRESENTATION DATED 02.02.2023 SENT BY THE PETITIONER TO THE 1ST RESPONDENT |
| Exhibit P9 | A TRUE COPY OF THE JUDGEMENT IN W.P (C) NO.18182/2011 DATED 20.03.2012 |
2 issues framed by the court
Whether the petitioner is entitled to a direction for release of retirement benefits within a specified timeline.
What time frame should be allowed to the respondent to disburse the unpaid retirement benefits due to financial crisis.
Arjunan.R.K
Kerala State Bamboo Corporation Ltd.
The State of Kerala
The Assistant Provident Fund Commissioner
The Recovery Officer
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
