Kerala High Court
Vineeth K.K vs V.A.Sreeja on 28 January, 2020
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 28TH DAY OF JANUARY 2020 / 8TH MAGHA, 1941
Con.Case(C).No.2681 OF 2019 IN DBP. 20/2019
AGAINST THE ORDER DATED 23.07.2019 IN DBP 20/2019 OF HIGH COURT OF
KERALA
PETITIONER/PETITIONER:
VINEETH K.K.
AGED 30 YEARS
S/O. KRISHNANUNNI K.N,THRIKKAYIL MADOM, NETTOOR P O,
ERNAKULAM DISTRICT-682 040.
BY ADV. SRI.MOHAN C.MENON
RESPONDENT/RESPONDENT:
V.A.SREEJA
AGED 53 YEARS
D/O.V.K. ARAVINDAKSHAN, 9, PALLATH HOUSE, 7TH CROSS ROAD,
WHITE FIELD, VIYYUR P O, THRISSUR-680 010.
R1 BY ADV. DILJITH K.MANOHAR
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CO(C) No. 2681/2019 :2:
Dated this the 28th day of January, 2020.
JUDGMENT
S. Manikumar, CJ Alleging non-compliance of the order dated 23.07.2019 in DBP No. 20 of 2019, this Contempt Case is filed.
2. The petitioner has contended that the respondent has not complied with the directions of this Court in letter and spirit. Since the petitioner is governed by the Kerala Payment of Subsistence Allowance Act, 1972 ('the Act' for short), the subsistence allowance ought to have been calculated in terms of Section 3 of the Act. Reply affidavit has been filed and arguments were advanced by the petitioner in this regard.
3. The Kerala Payment of Subsistence Allowance Act, 1972 is an Act to provide for the payment of subsistence allowance to the employees in certain establishments during the period of suspension. Section 2(a) of the Act defines the word 'employee', which reads thus:
(a) "employee" means any person employed in or in connection CO(C) No. 2681/2019 :3: with the work of any establishment to do skilled, semi-skilled or unskilled manual, supervisory, technical, clerical or any other kind of work for hire or reward, whether the terms of employment be express or implied, but does not include any such person who is employed mainly in amanagerial or an administrative capacity or as an out-worker, that is to say, a person to whom any articles or materials are given out by or on behalf of the employer to be cleaned, washed, altered, ornamented or repaired by such out-worker in any place not under the control and management of the employer."
4. Section 2(b) speaks about the owner of an establishment and it is extracted hereunder:
"(b)"employer" means the owner of an establishment and includes any person responsible to the owner for supervision and control of the establishment."
5. Section 2(c) defines the term 'establishment', which read thus:
"(c) "establishment" means any place where any industry, trade, business, undertaking, manufacture, occupation or service is carried on, but does not include any office or department of any Government or any establishment of any railway, major port, mine or oilfield."
6. Thus, the above provisions make it abundantly clear that the Act is intended only to specified employees in certain establishments as stated supra. However, the question as to whether 'temple' is an establishment coming under the provisions of the aforesaid Act or not, cannot be CO(C) No. 2681/2019 :4: adjudicated in this Contempt Petition.
Leaving the issue open, instant Contempt Case is closed.
sd/-
S. MANIKUMAR, CHIEF JUSTICE.
sd/-
SHAJI P. CHALY, JUDGE.
Rv CO(C) No. 2681/2019 :5: APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE PHOTOCOPY OF THE REPLY AFFIDAVIT DATED 22.07.2019 IN DBP NO.20/2019 ANNEXURE II CERTIFIED COPY OF THE ORDER OF THE DIVISION BENCH DATED 23.07.2019, RENDERED IN DBP 20/2019.
ANNEXURE III TRUE PHOTOCOPY OF THE CALCULATION STATEMENT OF AMOUNT DUE TO THE SUSPENDED EMPLOYEE.
ANNEXURE IV: TRUE COPY OF THE ORDER DATED 18.10.2019 ISSUED BY SECRETARY, COCHIN DEVASWOM BOARD ALONG WITH ITS ENGLISH TRANSLATION.
RESPONDENTS' EXHIBITS:
ANNEXURE1: TRUE COPY OF ORDER NO.741/2014 DATED 17.01.2020. ANNEXURE 2: TRUE COPY OF LETTER OF ASSISTANT COMMISSIONER DATED 17.01.2020.
ANNEXURE 3: TRUE COPY OF THE STATEMENT OF BANK OF THE RESPONDENT.
/True Copy/ PS to Judge.
rv