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High Court of KeralaWP(C)/949/2015disposed of

R.Sasikumar v. The State Of Kerala

2015-01-16Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 WP(C).No. 949 of 2015 (P) ------------------------------------ PETITIONER(S):

----------------------- R.SASIKUMAR, AGED 56 YEARS, S/O.SHRI.N.S.RAGHAVAN PILLAI, ABKARI WORKER FL-1-05011 (OLD NO.FL-1-75), K.S.B.C. CHINGAVANAM.

BY ADVS.SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S):

--------------------------

1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & SKILL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE KERALA ABKARI WORKERS WELFARE FUND BOARD, REPRESENTED BY IS CHAIRMAN, K.C.P. BUILDING, THIRUVANANTHAPURAM - 695 036.

3. THE CHIEF WELFARE FUND INSPECTOR, KERALA ABKARI WORKERS WELFARE FUND BOARD, K.C.P. BUILDING, THIRUVANANTHAPURAM - 695 036.

4. THE WELFARE FUND INSPECTOR, KERALA ABKARI WORKERS WELFARE FUND BOARD, LUCKY STAR BUILDING, MARKET ROAD, ERNAKULAM - 682 035. R1 BY SENIOR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R2-R4 BY ADV. SRI.ROY CHACKO,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 949 of 2015 (P) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. TRUE COPY OF THE REPRESENTATION DATED 24.11.2014 BEFORE THE 4TH RESPONDENT .

EXHIBIT P2. TRUE COPY OF CREDIT SLIP DATED 24.11.2014 OF 4TH RESPONDENT. EXHIBIT P3. TRUE COPY OF REPRESENTATION DATED 25.11.2014 BEFORE THE 1ST RESPONDENT.

EXHIBIT P4. TRUE COPY OF REPRESENTATION DATED 25.11.2014 BEFORE THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 949 of 2015 - - - - - - - - - - - - - - - - Dated 16th January, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The petitioner is aggrieved by the delay in preparation of broad sheet by the respondent Board for the period 2011 to 2014. By broad sheet, reference is made to a statement of contributions made by the employer to the Kerala Abkari Workers Welfare Fund Board with respect to each individual employee. The Chief Welfare Fund Inspector at Thiruvananthapuram sends the same for preparation to the Welfare Fund Inspector who has jurisdiction over the particular employer and the same is prepared in accordance with the rules.

2. In the present case, the 3rd respondent has already send the same to the 4th respondent for the period 2011-13. The preparation of the broad sheet is stated to have been delayed only

WP(C).949/15 since the interest to be payable on the contributions have to be fixed by the Government and the Government has fixed the interest only now, for the years 2011-12 to 2012-13. It is submitted that the preparation of the broad sheet for the year 2013-14 will also be expedited immediately on the Government fixing the interest. It is also submitted that the petitioner, even going by the averments, retires only in May-2015 and the respondent authorities would, with all expediency, endeavour to prepare the same and ensure payment of retirement benefits in time.

Recording the above undertaking, the writ petition is disposed of.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//