Disposed

Shaji M.A v. Autokast Ltd.

Kerala HC22 Mar 2024WP(C)/6327/2024

Case brief

AI extract

What is this about?

Retired Autokast Ltd employees sought directions to release retirement benefits including gratuity, leave encashment, medical reimbursement and pay revision arrears. The court disposed of the writ petition directing payment within six months, failing which interest at 6% per annum applies.

What did the court decide?

Respondent directed to pay all retirement benefits within six months; failure attracts 6% p.a. interest from due date; unpaid gratuity carries 6% p.a. from month after retirement.

Shaji M.A Vs Autokast Ltd. — Pension and Retirement Benefits | Kerala HC (2024)

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WPC 6327/24

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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 22ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946

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WP(C) NO.6327 OF 2024

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PETITIONER/S:

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1 SHAJI M.A,, AGED 59 YEARS,S/O. ABDUL RAHMAN, RESIDING AT: MULANGATHU HOUSE, MAMBRA, ERAYAMKUDY P.O., THRISSUR [RETIRED AS ASSISTANT ENGINEER FROM AUTOKAST LTD], PIN - 680308

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2 MUHAMMED K.E.,AGED 59 YEARS,S/O. IBRAHIM, RESIDING AT: KURUMATTUKUDIYIL, VANNAPPURAM P.O., THODUPUZHA, IDUKKI [RETIRED AS ASSISTANT ENGINEER FROM AUTOKAST LTD], PIN - 685607

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3 SANTHOSH KUMAR E.M.,AGED 59 YEARS,S/O. MADHAVAN, RESIDING AT: ITHITHARA HOUSE, PALLIPPURAM P.O., CHERTHALA, ALAPPUZHA [RETIRED AS ASSISTANT ENGINEER FROM AUTOKAST LTD], PIN - 688541

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4 SHAJI D,AGED 59 YEARS,S/O. DIVAKARAN V., RESIDING AT: POORAM NIVAS, S.N. PURAM P.O., CHERTHALA, ALAPPUZHA [RETIRED AS FOREMAN (MOULDER) FROM AUTOKAST LTD], PIN - 688582

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5 ABDUL RAHIM A,, AGED 59 YEARS,S/O. ABDUL AZEEZ K.V., RESIDING AT: 2/517, MALAMPUZHA ROAD, NEELLIKKAD, OLAVAKKODE P.O., PALAKKAD [RETIRED AS CHARGEMAN FROM AUTOKAST LTD], PIN - 678002

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6 XAVIER JOSEPH, AGED 59 YEARS,S/O. JOSEPH, RESIDING AT: ONIYEZHATHU HOUSE, OLATHALA, PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA [RETIRED AS FOREMAN FROM AUTOKAST LTD, PIN - 688531

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7 BALACHANDRAN L., AGED 60 YEARS,S/O. LAKSHMANAN, RESIDING AT: DREAMS VILLA, T.C.18/1475, KUNNAPUZHA, ARAMADA P.O., THIRUVANANTHAPURAM [RETIRED AS SKILLED WORKER (FITTER) FROM AUTOKAST LTD], PIN - 695032 BY ADVS.VINEETH KOMALACHANDRAN,K.I.MAYANKUTTY MATHER KALLIYANI KRISHNA B.,ANAND GEO

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RESPONDENT/S:

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AUTOKAST LTD,, REPRESENTED BY MANAGING DIRECTOR, S.N. PURAM
P.O., STATE HIGH WAY 66, CHERTHALA SOUTH, ALAPPUZHA, PIN -
688582

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OTHER PRESENT:

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SC SMT LATHA ANAND

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 6327/24

JUDGMENT

(Dated this the 22^nd day of March, 2024)

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The petitioners were the employees of the

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respondent company Limited, who superannuated on
different dates. They have approached this Court

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seeking directions to the respondent to release the
retirement benefits, which includes gratuity,

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Encashment of leave, medical reimbursement and pay
revision arrears with 18% interest within a time
frame.

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2. The case of the petitioners is that they are

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entitled to a monthly pension from the Provident Fund

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after retirement, but the respondent has not paid the
PF contribution. Hence, the petitioners (except the

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7th petitioner) are not receiving any pension and are
in financial constraints.

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3. The learned standing counsel for the

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respondent, submits that 10 acres of the respondent

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company are now sought to be leased by the Central
Warehousing Corporation on the basis of the lease

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WPC 6327/24

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agreement, and they are yet to receive 22 crores. If

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the said amount is received, the entire amount due to

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all the employees can be wiped out.

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4. Heard counsel on either side.

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5. The counsel for the respondent also submits

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that they need at least six months’ time to complete

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the entire process, i.e., for leasing out and for
disbursing the benefits.

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Taking into consideration that the retirement

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benefits are to be disbursed by the respondent and

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also considering the judgment of the learned single

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Judge of this Court in W.P.(C)No.83 of 2023, these

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writ petitions are disposed of with the following
directions:

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(i) The respondent to pay all the retirement benefits of the petitioners, such as gratuity, encashment of leave, Medical

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reimbursement and pay revision arrears
within a period of six months from the
date of receipt of a copy of the
judgment. If the amount is not
disbursed within the time stipulated
above, the same will carry interest at

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WPC 6327/24

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the rate of 6% per annum from the due
date till the date of payment.

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(ii) The unpaid gratuity will carry interest at the rate of 6% per annum, computed from the first day of the next month of retirement of the petitioners.

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Sd/-

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BASANT BALAJI JUDGE

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Sms/dl

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WPC 6327/24

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APPENDIX OF WP(C) 6327/2024

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`PETITIONER EXHIBITS`
`Exhibit P1`	`TRUE COPY OF THE LIST OF TERMINAL` `TO THE 1ST PETITIONER ISSUED BY` `DATED 31.05.2022`	`BENE` `THE`	`FITS DUE` `COMPANY`
`Exhibit P2`	`TRUE COPY OF THE LIST OF TERMINAL` `TO THE 2ND PETITIONER ISSUED BY` `DATED 31.05.2022`	`BENE` `THE`	`FITS DUE` `COMPANY`
`Exhibit P3`	`TRUE COPY OF THE LIST OF TERMINAL` `TO THE 3RD PETITIONER ISSUED BY` `DATED 30.04.2022`	`BENE` `THE`	`FITS DUE` `COMPANY`
`Exhibit P4`	`TRUE COPY OF THE LIST OF TERMINAL` `TO THE 4TH PETITIONER ISSUED BY` `DATED 31.05.2022`	`BENE` `THE`	`FITS DUE` `COMPANY`
`Exhibit P5`	`TRUE COPY OF THE LIST OF TERMINAL` `TO THE 5TH PETITIONER ISSUED BY` `DATED 31.05.2022`	`BENE` `THE`	`FITS DUE` `COMPANY`
`Exhibit P6`	`TRUE COPY OF THE LIST OF TERMINAL` `TO THE 6TH PETITIONER ISSUED BY` `DATED 31.03.2022`	`BENE` `THE`	`FITS DUE` `COMPANY`
`Exhibit P7`	`TRUE COPY OF THE RELIEVING` `30.06.2021`	`ORDER`	`DATED`
`Exhibit P7(a)`	`TRUE COPY OF THE DETAILS OF TERMI`	`NAL B`	`ENEFITS`
	`DUE TO THE 7TH PETITIONER IS` `COMPANY`	`SUED`	`BY THE`
`Exhibit P8`	`TRUE COPY OF THE JUDGMENT OF` `COURT IN W.P.(C) NO.12684 OF` `15.07.2021`	`THIS` `2021`	`HON'BLE` `DATED`
`Exhibit P9`	`TRUE COPY OF THE JUDGMENT OF`	`THIS`	`HON'BLE`
	`COURT` `IN` `W.P.(C)` `NO.83` `OF` `20.09.2023`	`2023`	`DATED`

Shaji M.A v. Autokast Ltd.

Case brief

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Shaji M.A v. Autokast Ltd.

Case brief

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