Kerala High Court
Saji S.P vs State Of Kerala on 12 February, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 5348 OF 2023
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2025:KER:11971
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
WP(C) NO. 5348 OF 2023
PETITIONERS:
1 SAJI S.P
AGED 34 YEARS
S/O. SACHIDANANDAN NAIR, AGED 34, RESIDING AT MELEKAVU
VILAKATHY HOUSE, VELIYANNUR P.O.,
VELLANAD,THIRUVANANTHAPURAM, PIN - 695543
2 SHIBU A.K
AGED 34 YEARS
S/O. GOPI, ASARIKANDIYIL HOUSE (YASORAM), PURAMERI P.O.,
VADAKARA, KOZHIKODE, PIN - 673503
BY ADVS.
R.LAKSHMI NARAYAN
R.RANJANIE
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, COIR AND
TEXTILES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 THE DIRECTOR OF COIR AND TEXTILES
OFFICE OF THE DIRECTOR COIR AND TEXTILES, 4TH FLOOR, VIKAS
BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
3 THE KERALA STATE COOPERATIVE TEXTILE FEDERATION LIMITED
(TEXFED), HEAD OFFICE OF THE KERALA STATE CO-OPERATIVE
TEXTILE FEDERATION LIMITED, T.C. 4/1759, MUTHUSWAMY LANE,
DEVASWOM BOARD JUNCTION, KOWDIAR, THIRUVANANTHAPURAM
,REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695003
4 THE PRIYADARSINI CO-OPERATIVE SPINNING MILLS LIMITED NO. IND
HT (ST) 3 (PRICO MILLS)
WP(C) NO. 5348 OF 2023
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MEENADAM P.O., KOTTAYAM, REPRESENTED BY ITS MANAGING
DIRECTOR, PIN - 686516
5 EMPLOYEES PROVIDENT FUND ORGANIZATION
ADITHYA SHABARI, POST OFFICE ROAD, THIRUNAKARA, KOTTAYAM,
KERALA , REPRESENTED BY THE GENERAL MANAGER., PIN - 686001
BY ADVS.
P.U.SHAILAJAN
HARISH KUMAR B
SAJEEV KUMAR K.GOPAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5348 OF 2023
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JUDGMENT
Dated this the 12th day of February, 2025 The present writ petition has been filed by the petitioners, who are the ex-employees of the 4th respondent. The petitioners have filed this writ petition seeking the following prayers:
a) Issue a writ of mandamus directing the respondents 1 to 4 to disburse to the petitioners, Gratuity at the rate applicable as per the Payment of Gratuity Act 1952, for the lengthy meritorious service of more than 10 years rendered by the petitioners in the 4th Respondent Establishment, with interest @12% on the said amount from September, 2021, till payment is affected, as expeditiously as possible, within a shorter time frame fixed by this Hon'ble Court.
b) Issue a writ of mandamus directing the respondents 1 to 4, to pay Rs.37,000/- to the 1st petitioner and amount of Rs.77, 930/- to the 2nd petitioner towards Earned Leave surrender amount due to them, with interest @12% from September, 2021 till payment is affected, as expeditiously as possible, within a shorter time frame fixed by this Hon'ble court.
c) Issue a writ of mandamus directing the respondents 3 to 5, to pay the Provident Fund amount from the Employees Provident Fund, due to the petitioners, with interest @12% from September, 2021 till payment is affected, as expeditiously as possible, within a shorter time frame fixed by this Hon'ble court.
d) Pass such other orders as this Hon'ble Court may deem fit in the facts and circumstances.
e) Permit the petitioner to produce English translation of the documents in Malayalam, as and when directed by this Hon'ble court. And Allow this Writ Petition with costs.
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2. The learned counsel appearing for respondents 3 and 4 submits that the petitioners' DCRG and Earned Leave surrender shall be paid by 31.03.2025. So far as the payment of the provident fund amount is concerned, the Petitioners are required to submit Form Nos. F19 and F10C online to the Employees Provident Fund Organization. As and when they submit the requisite forms, the 5th respondent will take steps for the release of the PF amount to the petitioners expeditiously. In view of the aforesaid stand of the parties, the present writ petition is disposed of in terms of the observations made above.
Sd/-
D. K. SINGH JUDGE AP WP(C) NO. 5348 OF 2023 5 2025:KER:11971 APPENDIX OF WP(C) 5348/2023 PETITIONER EXHIBITS Exhibit P-1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 8.2.2011 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER Exhibit P-2 THE TRUE COPY OF THE PROCEEDINGS OF THE CHAIRMAN OF THE 4TH RESPONDENT DATED 30.11.2013 ISSUED TO THE 1ST PETITIONER Exhibit P-3 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 8.2.2011 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER Exhibit P-4 THE TRUE COPY OF THE PROCEEDINGS OF THE CHAIRMAN OF THE 4TH RESPONDENT DATED 30.11.2013, CONFIRMING THE 2ND PETITIONER IN THE POST OF JUNIOR MANAGER (PRODUCTION) Exhibit P-5 THE TRUE COPY OF THE LETTER DATED 30.8.2021, ISSUED BY THE 4TH RESPONDENT, ACCEPTING THE RESIGNATION OF THE 1ST PETITIONER Exhibit P-6 THE TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 29.11.2021, ACCEPTING THE RESIGNATION OF THE 2ND PETITIONER Exhibit P-7 THE TRUE COPY OF THE COMMUNICATION DATED 26.4.2022 RECEIVED BY THE 1ST PETITIONER, FORM THE OFFICE OF THE 2ND RESPONDENT Exhibit P-8 THE TRUE COPY OF THE LETTER OF APPRECIATION DATED 13.05.2022 ISSUED TO THE 4TH RESPONDENT