Dismissed

K. Pradeep Kumar v. State of Kerala

Kerala HC2 Feb 2024WP(C)/13626/2023

Case brief

AI extract

What is this about?

The petitioner, a retired worker, filed a writ petition claiming non-disbursement of Dearness Allowance arrears and Employer's Contribution to his PF account. The Court directed payment and set an interest rate.

What did the court decide?

Direction to respondent Nos. 2 to 4: Pay D.A. arrears (July 2015-May 2017) within 2 months and remit PF contribution by May 31, 2024. 6% interest on arrears if not paid.

K. Pradeep Kumar Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2024)

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WPC 13626/2023

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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 BASANT BALAJI

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FRIDAY, THE 2ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945
WP(C) NO. 13626 OF 2023

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PETITIONER/S:

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K. PRADEEP KUMAR AGED 63 YEARS AGED 63, S/O
A.K.VELAYUDHAN, 'KUMBALASSERIL', PV SOUTH,
EDAKKULANGARA PO, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN -
690523
BY ADVS. JAI MOHAN M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI
JOSON MANAVALAN KURYAN THOMAS RAJA KANNAN PAULOSE C.
ABRAHAM

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RESPONDENT/S:

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1STATE OF KERALA REPRESENTED BY SECRETARY TO THE
DEPARTMENT OF INDUSTRIES, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN 695 001, PIN - 682031
2KERALA STATE TEXTILE CORPORATION LIMITED REPRESENTED BY
ITS MANAGING DIRECTOR, ANNAPOORNA, KOCHAR ROAD,
SASTHAMANGALAM, THIRUVANANTHAPURAM DISTRICT, PIN 695010,
PIN - 695010

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3PRABHURAM MILLS A UNIT UNDER THE KERALA STATE TEXTILE
CORPORATION LIMITED REPRESENTED BY ITS GENERAL MANAGER,
KOTTA POST, CHENGANNUR, KARAKKAD, ALAPPUZHA DISTRICT
PIN 689121, PIN - 689121
4EDARIKKODE TEXTILES, A UNIT UNDER THE KERALA STATE
TEXTILE CORPORATION LIMITED REPRESENTED BY ITS GENERAL
MANAGER, PUTHUPARAMBA P.O., MALAPPURAM DISTRICT, PIN
676501, PIN - 676501
5REGIONAL PROVIDENT FUND COMMISSIONER BHAVISHYA NIDHI
BHAWAN, P.B. NO. 1806, ERANHIPALAM (PO), KOZHIKODE -
673006, PIN - 673006
BY ADVS. P.U.SHAILAJAN ABRAHAM P.MEACHINKARA

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OTHER PRESENT:

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SR GP SMT MARY BEENA JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WPC 13626/2023

JUDGMENT

(Dated this the 2^nd day of February 2024)

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The petitioner retired from the service of the third

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respondent on 31.5.2017. The grievance of the petitioner is

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that the amounts due to him under arrears of dearness allowance and Provident Fund have not been disbursed to him. Though he filed a representation before the 5th respondent, the same is not considered. Therefore he has approached this Court for a direction to respondent Nos.1 to 4 to pay the D.A. arrears due to him from July 2015 to May 2017 and also for a direction to respondent Nos.2 to 4 to remit the employer’s contribution payable to the petitioner’s EPF account from September 2014 to May 2017.

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The 5^th respondent filed a counter affidavit wherein it is stated that the 4^th respondent is a chronic defaulter and recovery measures under Sections 8B to 8G of the Employees

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WPC 13626/2023

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Provident Fund and Miscellaneous Provisions Act, 1952 are initiated against the 4th respondent for the recovery of

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outstanding dues.

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Heard the counsel for the petitioner, the Government

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Pleader and the standing counsel for respondents.

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The standing counsel for respondent Nos.2 to 4 submits

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that it is due to the bad financial condition of the Textile Corporation that the delay occurred and submits that the amounts will be paid within months.

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Having heard the counsel for the petitioner and the standing counsel for the respondents, this Writ Petition is disposed of directing respondent Nos.2 to 4 to pay the D.A. arrears due to the petitioner from July 2015 to May 2017 within a period of two months from today and a further direction to respondent Nos.2 to 4 to remit the employer’s contribution of

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PF to the petitioner’s account on or before 31st May 2024.

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WPC 13626/2023

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If the D.A. arrears are not paid as directed above, the same

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will carry interest at the rate of 6% per annum from the date on

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which it accrued.

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Sd/-

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BASANT BALAJI JUDGE

dl/

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WPC 13626/2023

APPENDIX OF WP(C) 13626/2023

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE NOTICE OF SUPERANNUATION ISSUED
TO THE PETITIONER DATED 13.05.2017 ISSUED BY THE
3RD RESPONDENT MILL.

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Exhibit P2TRUE COPY OF THE REPRESENTATION DATED 10.01.2023
(WRONGLY TYPED IN DOCUMENT AS 10.01.2022)
SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT
Exhibit P3TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
DATED 04.03.2021 IN WRIT PETITION (CIVIL) NO.
3105 OF 2021

K. Pradeep Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

K. Pradeep Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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