IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 23033 of 2009(Y) -------------------------- PETITIONER(S): --------------- N.KRISHNANKUTTY, S/O. G.NARAYANA KURUP, KALARICKAL HOUSE, PARAPPURAM P.O., KANJOOR, ALUVA (VIA), ERNAKULAM. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE CONSTRUCTION CORPN. LIMITED, (A GOVERNMENT OF KERALA UNDERTAKING), REPRESENTED BY ITS MANAGING DIRECTOR, ADMINISTRATIVE OFFICE, IIIRD FLOOR, CARMEL CENTRE, BANERJI ROAD, KOCHI-18. ADV. SRI.M.V.THAMBAN, SC., KSCC LTD. FOR R2 MR.P.NANDAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23033/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE CHIEF MINISTER'S PUBLIC GRIEVANCE CELL DATED 15/09/2008. P2 : COPY OF COMMUNICATION RECEIVED BY THE PETIITONER FROM THE CHIEF MINISTER'S PUBLIC GRIEVANCE CELL DATED 13/10/2008. P3 : COPY OF COMMUNICATION RECEIVED BY THE PETITIONER FROM THE CHIEF MINISTER'S PUBLIC GRIEVANCE CELL DATED 20/10/2008. P4 : COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE MEETING OF THE BOARD HELD ON 30/09/2009. P5 : COPY OF REPRESENTATION SUBMITTED BY R2 TO R1. RESPONDENT'S EXHIBITS R2(a) : COPY OF SENIORITY LIST. // TRUE COPY // PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23033 of 2009 (Y) --------------------------------- Dated, this the 1st day of December, 2009 J U D G M E N T The petitioner is a retired employee of the 2 nd respondent Corporation. He retired from service as early as on 31/08/2008. 2. Even according to the 2 nd respondent, towards gratuity, terminal surrender, pay revision arrears and dearness arrears, Rs.2,72,095/-, Rs.1,54,563/-, Rs.51,153/- and Rs.1,00,801/- respectively are due. Plea of the Corporation is one of lack of financial resources. According to them, in so far as gratuity is concerned, they are contributing Rs.1,00,000/- each every month and on that basis depending upon the seniority of the retirees, payment is being made. It is stated that in the seniority list, the petitioner is the 6 th person to be paid the gratuity dues. In so far as the remaining liabilities are concerned, there is no commitment forthcoming. 3. Admittedly, the amounts are due the petitioner, and once a person has retired, the Corporation has the liability to pay the WP(C) No.23033/2009 -2- benefits due to him. Financial constraints can be no answer. If incapacity for payment is the reason, it may be a ground justifying even winding up of the Corporation itself in terms of the provisions of the Companies Act. Be that as it may, having regard to the admitted fact of liability that is due, it is directed that the amount due to the petitioner shall be paid as expeditiously as possible, at any rate, within three months of production of a copy of this judgment, or else it will be open to the petitioner to seek appropriate action for winding up of the 2nd respondent Corporation. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg