M.C.Francis v. The Senior Regional Manager

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 623 of 2015 (C) -------------------------- PETITIONER :

------------------ M.C.FRANCIS, MARAKKAM VEETTIL, KALOOR, NOW RESIDING AT MARAKKAM VEETIL, KULIYETTIKARA, MARIATHAZHAM P.O., PIN - 682315, KANJIRAMATTOM, ERNAKULAM BY ADV. SRI.K.M.KURIAN RESPONDENT :

--------------------- THE SENIOR REGIONAL MANAGER, COCHIN REGIONAL OFFICE, M/S. HINDUSTAN PETROLEUM CORP. LTD., ERNAKULAM NORTH P.O., PIN - 682018 BY SRI.M.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 623 of 2015 (C) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF ORDER OF THIS COURT IN IA NO. 4621/06. P2:

COPY OF LETTER ISSUED BY THE RESPONDENT TO K.R. VIJAYAN. P3:

COPY OF REPRESENTATION FILED BY THE PETITIONER. P4:

COPY OF MEDICAL CERTIFICATE.

RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.S. TO JUDGE bp

K. Vinod Chandran, J.

==================================== W.P.(C)No.623 of 2015 ==================================== Dated this the 8th day of January, 2015.

JUDGMENT

1. Petitioner is aggrieved with the non-payment of Section 17B wages. In fact it is not as if the respondent failed to pay the amounts. Petitioner had been consistently collecting the amounts from the respondent's office. Petitioner, however, in the above writ petition submits that he is under treatment and has underwent a surgery and hence he is unable to approach the respondent for getting the aforesaid payment. Petitioner avers that there are dues of two months' payment and that the same may be transmitted to him through post. It is also averred that, formerly the cheques were sent through post and then the practice was discontinued and the petitioner was asked to personally appear before the respondent.

2. I have heard the learned counsel appearing for the respondent also,

W.P.(C)No.623 of 2015 -:2:- who prays time for instructions. However, considering the confined prayer made for sending the cheques of Section 17B wages by post, this Court is of the view that the writ petition itself can be disposed of.

3. The respondent shall henceforth send the payment by way of crossed cheque to the petitioner in his residential address. It is also made clear that any arrears pending, as on today, shall be sent by way of cheque immediately within a period of one week from today. Writ petition is disposed off.

K. Vinod Chandran, Judge.

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