K. Prakasan v. Mr. Saji Basheer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Con.Case(C).No. 1121 of 2015 (S) IN WP(C).30206/2014 ------------------------------------------------------ AGAINST THE ORDER/JUDGMENT IN WP(C) 30206/2014 of HIGH COURT OF KERALA DATED 18-11-2014 PETITIONER IN W.P.(C)NO.30206/2014:-:

----------------------------------------------------- K. PRAKASAN SWAMIJI NIVAS, KURATHADATH, RARICHAN ROAD ERANJIPALAM P.O., CALICUT - 673 006.

BY ADV. SRI.SEBASTIAN DAVIS RESPONDENT IN W.P.(C)30206/2014:-:

------------------------------------------------------- SAJI BASHEER, AGED 48 YEARS S/O.HABEED, MANAGING DIRECTOR THE KERALA SMALL INDUSTRIAL DEVELOPMENT CORPORATION (SIDCO) P.B.NO.50, HOUSING BOARD BUILDING, SHANTHI NAGAR THIRUVANANTHAPURAM - 695 001.

R BY SMT.K.K.RAZIYA, SC, SMALL INDUSTRIES DEVP. CORPN., THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Con.Case(C).No. 1121 of 2015 (S) IN WP(C).30206/2014 APPENDIX PETITIONERS EXHIBITS:

ANNEXURE 1 COPY OF THE JUDGMENT DATED 18.11.2014 IN W.P.(C) NO. 30206 OF 2014.

ANNEXURE 2 COPY OF THE LAWYER NOTICE DATED 6.7.15.

RESPONDENTS EXHIBITS:

NIL // TRUE COPY // P.A TO JUDGE.

SB

K. VINOD CHANDRAN, J.

===================== Cont. of Court Case No.1121 of 2015 - S ============================ Dated this the 20th day of August, 2015

J U D G M E N T

The petitioner is aggrieved with the fact that statutory interest was not paid to the petitioner under the Payment of Gratuity Act, 1972.

2. Annexure A judgment only directs a decision to be taken on the application filed by the petitioner. In the circumstance, of such decision having been taken, no contempt is made out. The denial of statutory interest would have to be challenged in appropriate proceedings. No contempt arises since direction in the judgment has been complied with.

The contempt of court case would stand closed, leaving open the contention of the petitioner. Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.