Kerala High Court
Babu N K vs The Kerala State Co-Operative ... on 7 April, 2021
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA,
1943
WP(C).No.39455 OF 2017(F)
PETITIONER:
BABU N K
S/O.KUNJAPPAN, AGED 54 YEARS, NIKATHITHARA
HOUSE, NEAR CHAPPA KADAPPURAM, MALIPURAM P.O.,
ERNAKULAM.
BY ADVS.
SRI.A.X.VARGHESE
SRI.A.V.JOJO
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD.
REPRESENTED BY ITS MANAGING DIRECTOR,
MATSYAFED, KAMALESWARAM, THIRUVANANTHAPURAM-
695009.
2 THE GENERAL MANAGER
THE KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD.,(MATSYAFED),
KAMALESWARAM, THIRUVANANTHAPURAM-695009.
3 THE DISTRICT MANAGER, MATSYAFED DISTRICT
OFFICE,THOPPUMPADY, ERNAKULAM-682005.
4 THE MANAGER AND PROJECT OFFICER BRACKISH WATER
FISH FARM, MATSYAFED, MALIPPURAM, VYPIN-
682511.
R1, R3 BY SRI.T.P.PRADEEP, SC, MATSYAFED
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.04.2021, ALONG WITH WP(C).8629/2020(C),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.39455 OF 2017 &
WP(C).No.8629 OF 2020(C)
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA,
1943
WP(C).No.8629 OF 2020(C)
PETITIONER:
BABU N.K.
AGED 54 YEARS
S/O. KUNJAPPAN, NIKATHITHARA HOUSE, NEAR
CHAPPA KADAPPURAM, MALIPURAM P.O, ERNAKULAM
BY ADVS.
SRI.A.X.VARGHESE
SRI.A.V.JOJO
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD.
REPRESENTED BY ITS MANAGING DIRECTOR,
MATSYAFED, KAMALESWARAM, THIRUVANANTHAPURAM
695 009
2 THE GENERAL MANAGER,
KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD, (MATSYAFED)
KAMALESWARAM, THIRUVANANTHAPURAM 695 009
3 THE DISTRICT MANAGER,
MATSYAFED DISTRICT OFFICE, THOPPUMPADY,
ERNAKULAM 682 005
WP(C).No.39455 OF 2017 &
WP(C).No.8629 OF 2020(C)
3
4 THE MANAGER AND PROJECT OFFICER
BRACKISH WATER FISH FARM, MATSYAFED,
MALIPPURAM, VYPIN 682 511
R1 BY ADV. SRI.T.P.PRADEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.04.2021, ALONG WITH WP(C).39455/2017(F),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.39455 OF 2017 &
WP(C).No.8629 OF 2020(C)
4
JUDGMENT
Dated this the 7th day of April 2021 The petitioner has filed 39455/2017 challenging his termination while in employment of the respondent as a security on daily wage. While so he filed a writ petition 8629 of 2020 lamenting delay in the disbursement of EPF and other benefits.
2. When the matter was taken up, the learned counsel for the respondent-Matsyafed submitted that in the light of the pendency of W.P.(C) 39455/2017 Matsyafed will not be in position to consider his request for an expeditious disposal of writ petition No.8629/2020. The learned counsel for the petitioner submitted that since the petitioner is overaged, he is not pursuing W.P.(C).39455/2017. Accordingly, this is dismissed as not pressed.
The writ Petition No. 8629/2020 is disposed of directing the respondent Matsyafed to consider this application to WP(C).No.39455 OF 2017 & WP(C).No.8629 OF 2020(C) 5 release his terminal benefits including the employees provident fund benefits and other service benefits within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
SUNIL THOMAS JUDGE LEK WP(C).No.39455 OF 2017 & WP(C).No.8629 OF 2020(C) 6 APPENDIX OF WP(C) 39455/2017 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 12.6.2017.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 13.7.2017.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 11.8.2017.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 12.8.2017.
EXHIBIT P6 TRUE COPY OF THE REMITTANCE MADE BY THE PETITIONER DATED 27/3/2013 EXHIBIT P7 TRUE COPY OF THE REMITTANCE MADE BY THE PETITIONER ON 8/7/2014.
EXHIBIT P8 TRUE COPY OF THE F.I.R 878/2017 DATED 24/7/2017 OF NJARAKKAL POLICE STATION. RESPONDENT'S/S EXHIBITS:
EXHIBIT R1 (a) A TRUE COPY OF THE FIR REGISTERED AGAINST THE PETITIONER AS CRIME NO.762/2017 OF NJARAKKAL POLICE STATION.
EXHIBIT R1 (b) TRUE COPY OF THE ORDER BEARING NO.Mfed/Aqua/321/2016 DATED 08.12.2017 OF THE GENERAL MANAGER WP(C).No.39455 OF 2017 & WP(C).No.8629 OF 2020(C) 7 APPENDIX OF WP(C) 8629/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION UNDER R.T.I ACT DATED 13/12/2019 EXHIBIT P2 TRUE COPY OF THE REPLY OBTAINED UNDER R.T.I ACT