Disposed

K Sasi, v. State of Kerala

Kerala HC23 Jul 2024WP(C)/39006/2023

Case brief

AI extract

What is this about?

A contract employee of SAT Hospital complained that monthly provident fund deductions from his salary were not being remitted to his PF account and no employer contribution was made. The court directed the Director of Medical Education to consider the petitioner's representation and take an appropriate decision in accordance with law within three months.

What did the court decide?

2nd respondent directed to consider Ext.P5 representation and take appropriate decision in accordance with law within three months, after hearing affected parties.

K Sasi, Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 23^RD DAY OF JULY 2024 / 1ST SRAVANA, 1946 WP(C) NO. 39006 OF 2023

¶4

PETITIONER:

¶5

K SASI, AGED 63 YEARS, S/O. KUTTAN NADAR, WORKING AS 'DOBBY', SREE AVITTOM THIRUNAL (SAT) HOSPITAL, THIRUVANANTHAPURAM. PIN.695001, RESIDING AT DEEPA BHAVAN, VANDITHADAM PALAPPOORU, VELLAYANI PO., KALLIYOOR, THIRUVANANTHAPURAM – 695522.

¶6

BY ADVS. S.JAYAKRISHNAN S.SUBHASH CHAND S.PARAMESWARA PRASAD

¶7

RESPONDENTS:

¶8

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE (M) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695001.

¶9

2 THE DIRECTOR OF MEDICAL EDUCATION, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM., PIN – 695001.

¶10

3 THE SREE AVITTOM THIRUNAL (SAT) HOSPITAL, REPRESENTED BY THE SUPERINTENDENT SREE AVITTOM THIRUNAL (SAT) HOSPITAL THIRUVANANTHAPURAM., PIN – 695001.

¶11

4 THE HOSPITAL DEVELOPMENT SOCIETY, REPRESENTED BY ITS SECRETARY, SREE AVITTOM THIRUNAL HOSPITAL, THIRUVANANTHAPURAM., PIN – 695001.

¶12

W.P.(C)No.39006 of 2023

¶13

:2:

¶14

BY ADVS. SRI.LATHA ANAND SMT.ANIMA M., GOVERNMENT PLEADER

¶15

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

W.P.(C)No.39006 of 2023

¶17

:3:

¶18

J U D G M E N T

¶19

Dated this the 23^rd day of July, 2024

¶20

The petitioner has been working as ‘Dobby’ on contract basis in the Sree Avittom Thirunal (SAT) Hospital, Thiruvananthapuram, since 1995. He is employed under the Hospital Development Society and under projects funded by the Rashtriya Swasthya Bima Yojana (RSBY). The petitioner is serving in the 3 rd respondent-Hospital for the last 28 years without any room for complaint from any corner.

¶21

2 . As per Ext.P4, the 3 rd respondent has been collecting an amount of ₹2,268/- as Provident Fund subscription on monthly basis since 2019. The Provident Fund is a Welfare and Social Security Scheme for the benefits of employees. It is to be contributed by establishments and their employees. But, respondents 3 and 4 are not contributing any amount to the petitioner’s Provident Fund account or any other

¶22

W.P.(C)No.39006 of 2023

¶23

:4:

¶24

accounts as their share. On enquiry, they informed the petitioner that they collected the abovesaid amount as Employees’ Welfare Fund.

¶25

3 . The petitioner submits that the present action of respondents 3 and 4 is contrary to the settled position of law. Moreover, the employer has neglected its statutory obligation. Therefore, the petitioner has submitted Ext.P5 representation before the 2 nd respondent requesting to direct respondents 3 and 4 to transfer and credit petitioner’s contribution to Provident Fund account and makes a matching contribution by the employer. But no action has been taken so far.

¶26

4 . I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1 and 2. In view of the nature of the relief to be granted in this writ petition, notice to respondents 3 and 4 is dispensed with.

¶27

5 . The grievance of the petitioner is that the contributions of Provident Fund which have been deducted

¶28

W.P.(C)No.39006 of 2023

¶29

:5:

¶30

from the salary of the petitioner, has not been remitted to the

¶31

PF account. The petitioner submitted Ext.P5 representation in this regard before the 2 nd respondent.

¶32

6 . Taking into consideration the facts of the case, I am

¶33

of the view that it would be only just and proper that the 2 nd respondent is directed to consider Ext.P5 representation submitted by the petitioner.

¶34

The writ petition is therefore disposed of directing the 2 nd respondent to consider Ext.P5 representation submitted by the petitioner and take appropriate decision thereon in accordance with law. A decision in this regard shall be taken within a period of three months after giving opportunity of hearing to the affected parties. The petitioner shall serve a copy of the writ petition and the copy of this judgment on the 2 nd respondent for compliance.

Sd/-

N. NAGARESH

JUDGE

ams

W.P.(C)No.39006 of 2023

¶40

:6:

¶41

APPENDIX OF WP(C) 39006/2023

¶42

PETITIONER EXHIBITS

¶43

Exhibit P1 TRUE COPY OF G.O. (RT.) NO. 2466/2018/H&FWD THIRUVANANTHAPURAM DATED 02.08.2018 ISSUED BY THE 1ST RESPONDENT

¶44

Exhibit P2 TRUE COPY OF JUDGMENT IN W.P.(C) NO. 19108 OF 2019 OF THIS HON'BLE COURT DATED 12.07.2019

¶45

Exhibit P3 TRUE COPY OF G.O. (ORDINARY) NO. 1993/2019/ H&FWD THIRUVANANTHAPURAM DATED 13.08.2019 PASSED BY THE 1ST RESPONDENT

¶46

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE PROVIDENT FUND REVISED PASS BOOK OF THE PETITIONER

¶47

Exhibit P5 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20/10/2023

K Sasi, v. State of Kerala

Case brief

What is this about?

What did the court decide?

K Sasi, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sibichan Thomas, Vs the State of Kerala

K.R.Narayana Pillai Vs Union of India

Reghu K.G Vs the Joint Registrar for Co. Operative Society (General)

Sumana D Vs Central Board of Secondary Education

The Secretary Vs the General Secretary

K S Suku Vs State of Kerala