IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 23442 of 2009(A) -------------------------- PETITIONER: --------------- T.A.SURYACHANDRAN, CHIEF INSPECTOR OF PLANATATIONS(RETD.), PUTHUPARAMBIL HOUSE, KAIPPATTOOR P.O., PATHANAMTHITTA. BY ADV. SRI.VIJU ABRAHAM SRI.JOY C. PAUL SRI.K.P.WILSON SRI.ALBERT V.JOHN RESPONDENTS: --------------- 1. GOVERNMENT OF KERALA, REP. BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. LABOUR COMMISSIONER, THIRUVANANTHAPURAM. 3. KERALA HEAD LOAD WORKERS WELFARE BOARD, P.B.NO.2017, S.R.M.ROAD, ERNAKULAM, KOCHI-18, REP. BY ITS CHIEF EXECUTIVE OFFICER. 4. CHAIRMAN, KERALA HEAD LOAD WORKERS WELFALRE BOARD, P.B.NO.2017, S.R.M.ROAD, ERNAKULAM, KOCHI-18. BY GOVT. PLEADER SRI. ANTONY MUKKATH FOR R1 & R2 ADV. SRI.KOSHY GEORGE, SC, KHLWWB FOR R3 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23442 of 2009 -2- EXHIBIT-P1: TRUE COPY OF THE LETTER DATED 29-5-07 EXHIBIT-P2: TRUE COPY OF THE REPLY DATED 3-6-07 EXHIBIT--P3: INDEMNITY BOND DATED 18-6-08 IN FAVOUR OF THE 3RD RESPONDENT EXHIBIT-P4: TRUE COPY OF THE COMMUNICATION DATED 23-3-2009 EXHIBIT-P5: TRUE COPY OF THE ADDITIONAL BOND DATED 15-6-09 EXHIBIT-P6: TRUE COPY OF THE SAID LETTER DATED 21-5-09 EXHIBIT-P7: A COPY OF THE REPORT BY THE ACCOUNTS OFFICER /TRUE COPY/ P.A TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No. 23442 of 2009 -------------------------- Dated this the 14th September,2009 J U D G M E N T Petitioner, who was on deputation as Chief Executive Officer of the 3rd respondent, retired from service on 31.10.2007. He has not obtained a Non- Liability Certificate from the office of the 3rd respondent. Therefore, he is not able to receive the retirement benefits . Hence the writ petition. 2. Learned standing counsel for the Welfare Board submits that there was one file, which according to the Board, has been lost from the possession of the petitioner. Petitioner disputes the assertion that he was responsible for the loss of the file. An additional bond had to be executed by the petitioner. This contains a recital to the effect that in spite of best efforts since the original of the file has not been retrieved, computer generated copy which has been submitted by the petitioner may be accepted as an authentic one. According to the petitioner, the said computer generated copy had been decided to be accepted by the Board. The current dispute is whether the W.P ( C) No. 23442 of 2009 2 petitioner should accept that the loss of file is attributable to him or not. 2. Since the computer generated copy has been decided to be accepted by the Board, I am of the view that it may not be necessary for the petitioner to accept that he has been responsible for the loss as such. 3. In the result, if the petitioner executes an additional bond as contemplated by Ext.P5 but without accepting that he is responsible for the loss of the file as such, the said additional bond may be accepted and NLC may be issued in accordance with law. The said additional bond may be executed by the petitioner in the presence of two witnesses to the satisfaction of the competent authority of the Board within three weeks from the date of receipt of a copy of this judgment. If such additional bond is executed in terms of the direction, the Board shall issue a NLC, without further delay. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 23442 of 2009 3 W.P ( C) No. 23442 of 2009 4