Mary Samuel vs Keltron Counters Ltd. and Another

Type Court Judgment Court Kerala Decided Nov 08, 2022

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Citation: sooperkanoon.com/1512821
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Nov 08, 2022
Case Number: WP(C)/10469/2011

Parties & Advocates

Appellant / Petitioner

Mary Samuel

Respondent

Keltron Counters Ltd. and Another

Excerpt

.....on 08.11.2022, the court on the same day delivered the following: wp(c) no. 10469 of 2011 2 p.v.kunhikrishnan, j --------------------------------------- w.p.(c) no.10469 of 2011 -------------------------------------- dated this the 8th day of november, 2022judgmentthe above writ petition is filed with following prayers : “(i) a writ of mandamus or any other appropriate writ, direction or order directing the respondents to issue the gratuity and other terminal benefits due to the petitioner as per ext.p2 along with interest @ 18% on the amount due to the petitioner from the date of award ie. 3.6.06 till the date of realising the same.(ii) such other reliefs this hon'ble court deems fit in the circumstances of the case.” [sic]2. the main prayer in this writ petition is to issueappropriate direction to the respondents to issue gratuity and other terminal benefits due to the petitioner as per ext.p2. ext.p2 is an award passed by the industrial tribunal, kollam. if there is any violation of ext.p2 award, there are provisions in the industrial disputes act. if the petitioner has not received the amount due, the petitioner can proceed in accordance to wp(c) no. 10469 of 2011 3 law. with the above observation, this writ petition is closed. sd/- p.v.kunhikrishnan judge sks wp(c) no. 10469 of 2011 4 appendix petitioner's exhibits : ext.p1 a true copy of the case summary and discharge recordissued by sree chithira thirunal institute for medical science and technology, thiruvananthapuram dated 18.8.1989 ext.p2 a true copy of the award dated 3.6.2006 passed by industrial tribunal, kollam ext.p3 a true copy of the application dated 5.2.2007 filed by the petitioner before the 2nd respondent ext.p4 a true copy of the representation dated 26.6.2009 filed before the 1st respondent respondent's exhibits : nil

Full Judgment

WP(C) NO. 10469 OF 2011 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 8TH DAY OF NOVEMBER 2022 / 17TH KARTHIKA, 1944 WP(C) NO. 10469 OF 2011 PETITIONER/S: MARY SAMUEL INDIA PENTECOSTAL ASSEMBLY,, CHALAKUZHY ROAD, PATTOM P.O.,, THIRUVANANTHAPURAM. BY ADV SRI.VARGHESE PREM RESPONDENT/S: 1 KELTRON COUNTERS LTD. AND ANOTHER REP. BY ITS MANAGING DIRECTOR,, KARAKULAM P.O., THIRUVANANTHAPURAM., PIN - 695 001. 2 STATE OF KERALA REP. BY THE SECRETARY TO GOVT.,, LABOUR DEPT., GOVT.SECRETARIAT,, THIRUVANANTHAPURAM. PIN - 695 001.
BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.T.P.KELU NAMBIAR SR. OTHER PRESENT: SRI.M.GOPIKRISHNAN NAMBIAR-R1 SMT.K.G.SAROJINI, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10469 OF 2011 2 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C) No.10469 of 2011 -------------------------------------- Dated this the 8th day of November, 2022

JUDGMENT

The above writ petition is filed with following prayers : “(i) a writ of mandamus or any other appropriate writ, direction or order directing the respondents to issue the gratuity and other terminal benefits due to the petitioner as per Ext.P2 along with interest @ 18% on the amount due to the petitioner from the date of award ie. 3.6.06 till the date of realising the same.

(ii) Such other reliefs this Hon'ble Court deems fit in the circumstances of the case.” [SIC]

2. The main prayer in this writ petition is to issue

appropriate direction to the respondents to issue gratuity and other terminal benefits due to the petitioner as per Ext.P2. Ext.P2 is an award passed by the Industrial Tribunal, Kollam. If there is any violation of Ext.P2 award, there are provisions in the Industrial Disputes Act. If the petitioner has not received the amount due, the petitioner can proceed in accordance to WP(C) NO. 10469 OF 2011 3 law. With the above observation, this writ petition is closed. SD/- P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 10469 OF 2011 4 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 A TRUE COPY OF THE CASE SUMMARY AND DISCHARGE RECORD

ISSUED BY SREE CHITHIRA THIRUNAL INSTITUTE FOR MEDICAL SCIENCE AND TECHNOLOGY, THIRUVANANTHAPURAM DATED 18.8.1989 EXT.P2 A TRUE COPY OF THE AWARD DATED 3.6.2006 PASSED BY INDUSTRIAL TRIBUNAL, KOLLAM EXT.P3 A TRUE COPY OF THE APPLICATION DATED 5.2.2007 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P4 A TRUE COPY OF THE REPRESENTATION DATED 26.6.2009 FILED BEFORE THE 1ST RESPONDENT RESPONDENT'S EXHIBITS : NIL

Same Court & Year Kerala · 2022 Same Parties Mary Samuel vs Keltron Counters Ltd. and Another Same Judge Honourable Mr. Justice P.V.Kunhikrishnan