BY AD vs M.R.ANANDAKUTTAN
Case Details
Acts & Sections
BY ADV VARGHESE C.KURIAKOSE SRI.DHEERAJ A.S, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.04.2025, ALONG WITH WP(C).27283/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS.25516 & 27283 OF 2018 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 27283 OF 2018 PETITIONER/S: MINI.S.BABU, W/O. LATE P.K.SURESH BABU, T.C.37/443, VARMA BUILDING, PADMAVILASOM ROAD, FORT P.O., THIRUVANANTHAPURAM. BY ADVS. M.R.ANANDAKUTTAN V.K.ANJU MAHESH ANANDAKUTTAN M.A.ZOHRA RESPONDENT/S: 1 2 3 THE DEPUTY LABOUR COMMISSIONER AND SECRETARY, STATE ADVISORY CONTRACT LABOUR BOARD, THIRUVANANTHAPURAM - 695 033. K.JAYAKUMAR, AGED 55 YEARS S/O.LATE KESAVAN NAIR, TC.49/731, SANTHALAYAM, MUDAVANMUGHAL, POOJAPPURA, THIRUMALA VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT - 695 012. THE DEPUTY LABOUR OFFICER, THIRUVANANTHAPURAM, DISTRICT LABOUR OFFICE, THOZHIL BHAVAN, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033. WP(C) NOS.25516 & 27283 OF 2018 3 BY ADV VARGHESE C.KURIAKOSE SRI.DHEERAJ A.S, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.04.2025, ALONG WITH WP(C).25516/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS.25516 & 27283 OF 2018 4 MOHAMMED NIAS C. P. , J. …………………………………………. W. P. (C) Nos.25516 & 27283 OF 2018 ………………………………………………. Dated this the 07th day of April, 2025 J U D G M E N T In WP(C) No.25516 of 2018, the petitioner, the employer of respondent No.2 challenges Ext.P11 order passed by the 1st respondent under the provisions of the Kerala Payment of Subsistence Allowance Act, 1972 (for short, 'the Act') and the Rules thereunder.
2. The principle contention in these writ petitions is that while Ext.P6 claim of the 2nd respondent was for Rs.30,562/-, through Ext.P11, an amount of Rs.34,211/- has been ordered. It is also stated that the 2 nd respondent while working as a Cashier in the petitioner's establishment, misappropriated an amount of Rs.1,75,000/- and when the domestic enquiry was instituted, the 2nd respondent had filed Ext.P4 suit and obtained an interim injunction which prevented the continuance of the domestic enquiry.
3. In WP(C) No.27283 of 2018, Ext.P11 is the similar order under challenge on identical contentions. The 2nd respondent in this WP(C) NOS.25516 & 27283 OF 2018 5 writ petition had also filed Ext.P4 suit against the institution of the domestic enquiry. When this matter was taken up on 27th March, 2025, an order was passed directing the Registry to get instructions from the Munsiff Court, Thiruvananthapuram as to the status of O.S No.1395 of 2016 and 1396 of 2016. The court concerned had intimated to this Court, through its communication dated 01.04.2025 that the suit instituted by the 2nd respondent in WP(C) No.25516 of 2018 was dismissed for default on 19.05.2022 and the suit instituted by the 2nd respondent in WP(C) No.27283/2018 was dismissed for default on
23.08.2022. As such there is no inhibition in the employer carrying on with the domestic enquiry proceedings if the same has not been done so far.
4. As regards the challenge to Ext.P11 in these writ petitions, the date of suspension and the salary drawn by the employees are not in dispute. Through Ext.P11, computation has been made as per Section 3 of the Act. No ground is taken as to how the computation arrived in Ext.P11 is wrong. In the absence of the same, the impugned orders are only to be upheld. WP(C) NOS.25516 & 27283 OF 2018 6 Accordingly, these writ petitions are dismissed without prejudice to the petitioner's right to continue with the domestic enquiry instituted against the employees in accordance with law. SD/- MOHAMMED NIAS C.P., JUDGE JJ WP(C) NOS.25516 & 27283 OF 2018 7 APPENDIX OF WP(C) 27283/2018 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT ON 12/4/2016 WITH ENGLISH TRANSLATION. TRUE COPY OF THE REPLY SENT BY 2ND RESPONDENT JAYAKUMAR TO THE PETITIONER ON 16/4/2016 WITH ENGLISH TRANSLATION. TRUE COPY OF THE MEMO DATED 20.4.2016 ISSUED TO 2ND RESPONDENT AND P.SANTHOSH KUMAR WITH ENGLISH TRANSLATION. TRUE COPY OF THE PLAINT IN O.S.1395/2016 BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. TRUE COPY OF THE ORDER DATED 4/7/2016 IN I.A.NO/6217/2016 IN O.S.NO.1395/2016 OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM TRUE COPY OF THE APPLICATION L.R.2-9949/16 FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT. TRUE COPY OF THE WRITTEN VERSION SUBMITTED BEFORE THE 1ST RESPONDENT ON 3.2.2017 TRUE COPY OF THE ORDER NO.G-662/2016 DATED 15/12/2016 OF THE 1ST RESPONDENT. TRUE COPY OF THE REPORT DATED 12/04/2017 OF THE 3RD RESPONDENT TRUE COPY OF THE OBJECTIONS SUBMITTED BY THE PETITIONER AGAINST EXT.P7 REPORT AND SEEKING TO DISMISS THE COMPLAINT VIDE OBJECTIONS FILED BY THE PETITIONER ON 31.5.2017 TRUE COPY OF THE ORDER DATED 27.3.2018 ISSUED BY THE 1ST RESPONDENT. WP(C) NOS.25516 & 27283 OF 2018 8 APPENDIX OF WP(C) 25516/2018 PETITIONER EXHIBITS EXHIBIT P1: EXHIBIT P2: EXHIBIT P3: EXHIBIT P4: EXHIBIT P5: EXHIBIT P6: EXHIBIT P7: EXHIBIT P8: EXHIBIT P9: EXHIBIT 10: EXHIBIT P11: TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT ON 13,.4.2016. TRUE COPY OF THE REPLY SENT BY 2ND RESPONDENT SANTHOSH KUMAR TO THE PETITIONER ON 16.4.2016. TRUE COPY OF THE MEMO DATED 20.4.2016 ISSUED TO 2ND RESPONDENT AND K.JAYAKUMAR. TRUE COPY OF THE PLAINT IN O.S.1396/2016 BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. TRUE COPY OF THE ORDER DATED 4.7.2016 OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM IN I.A.6219/2016 IN O.S.NO.1396/2016. TRUE COPY OF THE APPLICATION LR2 9951/16 FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT. TRUE COPY OF THE WRITTEN VERSION SUBMITTED BEFORE THE 1ST RESPONDENT ON 3.2.2017. TRUE COPY OF THE ORDER DATED 15.12.2016 OF THE 1ST RESPONDENT. TRUE COPY OF THE REPORT DATED 03.04.2017 OF THE 3RD RESPONDENT. TRUE COPY OF THE OBJECTIONS SUBMITTED BY THE PETITIONER AGAINST EXT.P7 REPORT AND SEEKING TO DISMISS THE COMPLAINT VIDE OBJECTIONS FILED BY THE PETITIONER ON 31.5.2017. TRUE COPY OF THE ORDER DATED 27.3.2018 ISSUED BY THE 1ST RESPONDENT.
BY ADV VARGHESE C.KURIAKOSE SRI.DHEERAJ A.S, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.04.2025, ALONG WITH WP(C).27283/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS.25516 & 27283 OF 2018 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 27283 OF 2018 PETITIONER/S: MINI.S.BABU, W/O. LATE P.K.SURESH BABU, T.C.37/443, VARMA BUILDING, PADMAVILASOM ROAD, FORT P.O., THIRUVANANTHAPURAM. BY ADVS. M.R.ANANDAKUTTAN V.K.ANJU MAHESH ANANDAKUTTAN M.A.ZOHRA RESPONDENT/S: 1 2 3 THE DEPUTY LABOUR COMMISSIONER AND SECRETARY, STATE ADVISORY CONTRACT LABOUR BOARD, THIRUVANANTHAPURAM - 695 033. K.JAYAKUMAR, AGED 55 YEARS S/O.LATE KESAVAN NAIR, TC.49/731, SANTHALAYAM, MUDAVANMUGHAL, POOJAPPURA, THIRUMALA VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT - 695 012. THE DEPUTY LABOUR OFFICER, THIRUVANANTHAPURAM, DISTRICT LABOUR OFFICE, THOZHIL BHAVAN, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033. WP(C) NOS.25516 & 27283 OF 2018 3 BY ADV VARGHESE C.KURIAKOSE SRI.DHEERAJ A.S, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.04.2025, ALONG WITH WP(C).25516/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS.25516 & 27283 OF 2018 4 MOHAMMED NIAS C. P. , J. …………………………………………. W. P. (C) Nos.25516 & 27283 OF 2018 ………………………………………………. Dated this the 07th day of April, 2025 J U D G M E N T In WP(C) No.25516 of 2018, the petitioner, the employer of respondent No.2 challenges Ext.P11 order passed by the 1st respondent under the provisions of the Kerala Payment of Subsistence Allowance Act, 1972 (for short, 'the Act') and the Rules thereunder.
2. The principle contention in these writ petitions is that while Ext.P6 claim of the 2nd respondent was for Rs.30,562/-, through Ext.P11, an amount of Rs.34,211/- has been ordered. It is also stated that the 2 nd respondent while working as a Cashier in the petitioner's establishment, misappropriated an amount of Rs.1,75,000/- and when the domestic enquiry was instituted, the 2nd respondent had filed Ext.P4 suit and obtained an interim injunction which prevented the continuance of the domestic enquiry.
3. In WP(C) No.27283 of 2018, Ext.P11 is the similar order under challenge on identical contentions. The 2nd respondent in this WP(C) NOS.25516 & 27283 OF 2018 5 writ petition had also filed Ext.P4 suit against the institution of the domestic enquiry. When this matter was taken up on 27th March, 2025, an order was passed directing the Registry to get instructions from the Munsiff Court, Thiruvananthapuram as to the status of O.S No.1395 of 2016 and 1396 of 2016. The court concerned had intimated to this Court, through its communication dated 01.04.2025 that the suit instituted by the 2nd respondent in WP(C) No.25516 of 2018 was dismissed for default on 19.05.2022 and the suit instituted by the 2nd respondent in WP(C) No.27283/2018 was dismissed for default on
23.08.2022. As such there is no inhibition in the employer carrying on with the domestic enquiry proceedings if the same has not been done so far.
4. As regards the challenge to Ext.P11 in these writ petitions, the date of suspension and the salary drawn by the employees are not in dispute. Through Ext.P11, computation has been made as per Section 3 of the Act. No ground is taken as to how the computation arrived in Ext.P11 is wrong. In the absence of the same, the impugned orders are only to be upheld. WP(C) NOS.25516 & 27283 OF 2018 6 Accordingly, these writ petitions are dismissed without prejudice to the petitioner's right to continue with the domestic enquiry instituted against the employees in accordance with law. SD/- MOHAMMED NIAS C.P., JUDGE JJ WP(C) NOS.25516 & 27283 OF 2018 7 APPENDIX OF WP(C) 27283/2018 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT ON 12/4/2016 WITH ENGLISH TRANSLATION. TRUE COPY OF THE REPLY SENT BY 2ND RESPONDENT JAYAKUMAR TO THE PETITIONER ON 16/4/2016 WITH ENGLISH TRANSLATION. TRUE COPY OF THE MEMO DATED 20.4.2016 ISSUED TO 2ND RESPONDENT AND P.SANTHOSH KUMAR WITH ENGLISH TRANSLATION. TRUE COPY OF THE PLAINT IN O.S.1395/2016 BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. TRUE COPY OF THE ORDER DATED 4/7/2016 IN I.A.NO/6217/2016 IN O.S.NO.1395/2016 OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM TRUE COPY OF THE APPLICATION L.R.2-9949/16 FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT. TRUE COPY OF THE WRITTEN VERSION SUBMITTED BEFORE THE 1ST RESPONDENT ON 3.2.2017 TRUE COPY OF THE ORDER NO.G-662/2016 DATED 15/12/2016 OF THE 1ST RESPONDENT. TRUE COPY OF THE REPORT DATED 12/04/2017 OF THE 3RD RESPONDENT TRUE COPY OF THE OBJECTIONS SUBMITTED BY THE PETITIONER AGAINST EXT.P7 REPORT AND SEEKING TO DISMISS THE COMPLAINT VIDE OBJECTIONS FILED BY THE PETITIONER ON 31.5.2017 TRUE COPY OF THE ORDER DATED 27.3.2018 ISSUED BY THE 1ST RESPONDENT. WP(C) NOS.25516 & 27283 OF 2018 8 APPENDIX OF WP(C) 25516/2018 PETITIONER EXHIBITS EXHIBIT P1: EXHIBIT P2: EXHIBIT P3: EXHIBIT P4: EXHIBIT P5: EXHIBIT P6: EXHIBIT P7: EXHIBIT P8: EXHIBIT P9: EXHIBIT 10: EXHIBIT P11: TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT ON 13,.4.2016. TRUE COPY OF THE REPLY SENT BY 2ND RESPONDENT SANTHOSH KUMAR TO THE PETITIONER ON 16.4.2016. TRUE COPY OF THE MEMO DATED 20.4.2016 ISSUED TO 2ND RESPONDENT AND K.JAYAKUMAR. TRUE COPY OF THE PLAINT IN O.S.1396/2016 BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. TRUE COPY OF THE ORDER DATED 4.7.2016 OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM IN I.A.6219/2016 IN O.S.NO.1396/2016. TRUE COPY OF THE APPLICATION LR2 9951/16 FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT. TRUE COPY OF THE WRITTEN VERSION SUBMITTED BEFORE THE 1ST RESPONDENT ON 3.2.2017. TRUE COPY OF THE ORDER DATED 15.12.2016 OF THE 1ST RESPONDENT. TRUE COPY OF THE REPORT DATED 03.04.2017 OF THE 3RD RESPONDENT. TRUE COPY OF THE OBJECTIONS SUBMITTED BY THE PETITIONER AGAINST EXT.P7 REPORT AND SEEKING TO DISMISS THE COMPLAINT VIDE OBJECTIONS FILED BY THE PETITIONER ON 31.5.2017. TRUE COPY OF THE ORDER DATED 27.3.2018 ISSUED BY THE 1ST RESPONDENT.