High Court of KeralaWP(C)/93/2014disposed of

K.K.Bhaskaran v. Icbwcs Ltd No.4227

2015-01-22Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 WP(C).No. 93 of 2014 (J) ------------------------- PETITIONER:

-------------------- K.K.BHASKARAN, AGED 58 YEARS, S/O.KUTTAPPAI, KATTIL HOUSE, AVITTATHOOR P.O., IRINALAKUKDA, THRISSUR BY ADVS.SRI.DILEEP VARGHESE SMT.TESMY VARGHEESE RESPONDENTS:

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1. INDIA COFFEE BORAD WORKERS CO-OPERATIVE SOCIETY LTD. NO.4227, P.B. NO. 184, THRISSUR-680001, REPRESENTED BY SECRETARY.

2. THE REGISTRAR(GENERAL MANAGER), DISTRICT INDUSTRIAL CENTER, AYYANTHOLE THRISSUR-680 003.

R1 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) R2 BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 93 of 2014 (J) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :- TRUE COPY OF THE MINUTES DTD 8/10/2013 OF THE MANAGING COMMITTEE OF THE IST RESPONDENT SOCIETY EXHIBIT P2 :- TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY OF THE IST RESPONDENT SOCIETY TO THE PETITIONER EXHIBIT P3 :- TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE SECRETARY OF THE IST RESPONDENT SOCIETY TO THE PETITIONER REGARDING THE FINANCIAL MISAPPROPRIATION IN THE PROVIDENT FUND TRUST OF THE IST RESPONDENT SOCIETY EXHIBIT P4 :- TRUE COPY OF THE REPLY SENT BY THE PETITIONER TO EXT P3 SHOW CAUSE NOTICE EXHIBIT P5 :- TRUE COPYOF THE FIRST INFORMATION REPORT REGISTERED BY THE SECRETARY OF THE IST RESPONDENT SOCIETY IN EAST POLICE STATION, THRISSUR EXHIBIT P6 :- TRUE COPY OF THE MANAGING COMMITTEE DECISION ON 11/5/2011 EXHIBIT P7 :- TRUE COPY OF THE PLAINT IN ARC NO 1/2013 FILED BEFORE THE INDUSTRIAL DIRECTOR(ARBITRATOR)TRIVANDRUM EXHIBIT P8 :

TRUE COPY OF THE GRATUITY RULES FRAMED BY THE IST RESPONDENT SOCIETY EXHIBIT P9 :- TRUE COPY OF THE APPLICATION GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P10 :- ORDER OF THE DEPUTY REGISTRAR, DISTRICT INDUSTRIES CENTRE, THRISSUR IN ARC NO. 1/2013.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 93 OF 2014 ------------------------------------ Dated this the 22nd day of January, 2015

JUDGMENT

The disbursement of death-cum-retirement gratuity with 18% per annum is sought in this writ petition. The petitioner is entitled to interest at 10% per annum only going by the decision in Rajasekharan Nair Vs. Kerala State Electricity Board [2013 (3) KLT 198]. The first respondent is accordingly directed to disburse the death-cum-retirement gratuity to the petitioner. The same shall carry interest at the rate of 10% per annum from the month of September 2013 till payment. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd