IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE Ag. CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 21ST DAY OF DECEMBER 2011/30TH AGRAHAYANA 1933 WA.No. 620 of 2010 ( ) =================== (AGAINST THE JUDGMENT DATED 18/12/2009 IN WPC.NO.21965/2006) ........ APPELLANT(S)/RESPONDENT: =========================== THE PLANTATION CORPORATION OF KERALA LIMITED., KOTTAYAM. BY ADVS.SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.P.BENNY THOMAS, SRI.P.GOPINATH MENON. RESPONDENT(S)/PETITIONER: ========================== 1. C.SASIKUMAR, S/O.P.V.CHANDRASEKHARAN NAIR, 'SREE SHYLAM',OPP.POST OFFICE, ETTUMANOOR,KOTTAYAM DISTRICT. *ADDL.R2 TO R4 IMPLEADED: R2. T.SRELATHA, 55 YEARS, W/O.C.SASIKUMAR, SREESHYALAM, OPPOSITE MAIN PO, ETTUMANOOR, KOTTAYAM. R3. MEENU SASIKUMAR, AGED 32 YEARS, W/O.GEORGE MOHAN, SREESHYALAM, OPPOSITE MAIN PO, ETTUMANOOR, KOTTAYAM. R4. SAMBHU SASIKUMAR, AGED 27YEARS, S/O.C.SASIKUMAR, SREESHYALAM, OPPOSITE MAIN PO, ETTUMANOOR, KOTTAYAM. (*ADDL.R2T R4 IMPLEADED AS PER ORDER DTD. 6/12/2011 IN I.A.NO.907/2011) BY ADVS.SRI.P.SANJAY, SMT.A.PARVATHI MENON. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss MANJULA CHELLUR, Ag.C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 620 of 2010 ---------------------------------------------- Dated this the 21st day of December, 2011 JUDGMENT Manjula Chellur, Ag.C.J. Heard learned counsel for the appellant Sri.E.K.Nandakumar as well as Mr.Sanjay appearing for the respondents. 2. The respondents now coming on record by impleading them are the legal representatives of the Writ Petitioner, who was successful in getting an order in his favour at the hands of the learned Single Judge. The Writ Petition came to be filed challenging the punishment of discharge imposed on the deceased employee of the appellant Corporation by order dated 28.5.1992. However, the fact remains that Exhibit P12 came to be quashed on the ground that there is no justification for issuing charge sheet, and the same is unsustainable in law. While quashing Exhibit P12, the learned Single Judge granted all consequential benefits to the writ petitioner, which includes back wages as well. As on today, the employee is no more and the relief has to be only in the form of monetary benefits to the legal representatives of the employee. Admittedly, the discharged WA.620/10 2 employee was out of employment with the appellant-Corporation for a period of 16 years. No doubt, the appellant herein is not in a position to show that the deceased employee was gainfully employed in those 16 years when he was out of service with them. The fact remains, the deceased employee not only sustained himself, but also his family members. He was earning some amount. In that view of the matter, having regard to the facts and circumstances, we are of the opinion, 50% of the back wages would be a proper direction to be given in this appeal in the interest of justice. Accordingly, the Writ Appeal is allowed partly directing the appellant-Corporation to compute 50% of back wages from the date of discharge of the deceased employee till the date of superannuation along with other terminal benefits within three months from today. MANJULA CHELLUR, ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs