IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 24124 of 2010(M) -------------------------- PETITIONER(S): --------------- M.VIJAYAN, FIELD EXECUTIVE (RTD), BHAVINI HOUSE, CHERU MAVILYAYI, P.O.MVAILAYI, MUNDALLOR, KANNUR DISTRICT. BY ADV. SRI.P.NARAYANAN SMT.M.R.JAYALATHA SRI.M.C.RATNAKARAN RESPONDENT(S): --------------- 1. PLANTATION CORPORATION OF KERALA LTD., H.O.KOTTAYAM, MUTTANBALAM P.O., KANHIKUZHI, KOTTAYAM-4, PIN 686004, REP.BY ITS MANAGING DIRECTOR. 2. THE GENERAL MANAGER, PLANTATION CORPORATION OF KERALA LTD., RAJAPURAM ESTATE, KOZHIKODE. ADV. SRI.V.ABRAHAM MARKOS FOR R1 SRI.MATHEWS K.UTHUPPACHAN FOR R1 SRI.BINU MATHEW FOR R1 SRI.TERRY V.JAMES FOR R1 SRI.B.J.JOHN PRAKASH FOR R1 SRI.TOM THOMAS (KAKKUZHIYIL) FOR R1 ADV.SRI.JOSEPH KODIANTHRA, SC, PLANATATION CORPORATION. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.24124 OF 2010 ------------------------------ Dated this the 30th day of September, 2010 JUDGMENT The petitioner retired from service as Field Executive of Plantation Corporation of Kerala Ltd. on 31.5.2006. It is stated that he is entitled to get an amount of Rs.3,50,000/- as Death Cum Retirement Gratuity. It is not in serious dispute. From Ext.P2 issued by the Plantation Corporation of Kerala Ltd., it is clear that the total amount of gratuity is Rs.3,50,000/-. After deducting a sum of Rs.10,986/-, of which there is no dispute for the petitioner, a sum of Rs.3,30,165/- was paid, withholding a sum of Rs.5,000/-. It is also alleged that an amount of Rs.51,424/- representing the value of 1284 Kg.of cashew was withheld from PL encashment, as per Ext.P1 proceedings of the Corporation. It was alleged that there was shortage of 1284 Kgs of cashew in Rajapuram Estate during the year 2006 season and that was why a sum of Rs.51,424/- was withheld. Thus, according to W.P.(C).No.24124 OF 2010 2 the petitioner, an amount of Rs.56,424/- was withheld by the Corporation. 2. It is alleged by the petitioner that the alleged shortage of 1284 Kgs of cashew was later found to be incorrect in an enquiry. But the withheld amount was not paid to the petitioner even after a lapse of several years. 3. The reliefs prayed for by the petitioner in the Writ Petition are the following: a) to issue a Writ of Mandamus or any appropriate writ or order directing the respondent to disburse an amount of Rs.51,424/- towards PL Encashment and Rs.5,000/- towards gratuity with interest @ 18% per annum. b) to issue such other appropriate Writ, order or direction as is deemed just and necessary in the circumstances of the case. 4. The learned Standing Counsel appearing for the Plantation Corporation submitted that a letter dated 28.9.2010 has been issued by the Corporation to the petitioner releasing the amount of Rs.51,424/- which was withheld by the Corporation. A copy of the letter was handed over for perusal and the same is taken on record. The letter reads W.P.(C).No.24124 OF 2010 3 as follows: “Based on the preliminary enquiry report in connection with shortage of 1284 Kgs of cashew in Rajapuram Estate an amount of Rs.51,424/- was withheld from you. Further to the above, Management has ordered a detailed enquiry into the matter. Based on the findings it has been decided to release the amount of Rs.51,424/- withheld from you vide proceedings 2nd referred above.” 5. It was submitted by the learned Standing Counsel that the delay was occasioned because of the delay in finalising the enquiry proceedings. It is submitted that whenever the petitioner approaches the Corporation, the amount would be paid without any delay. This submission is recorded. 6. As regards the withholding of Rs.5,000/- it is submitted by the Standing Counsel on instructions that in some other proceedings, the petitioner was found guilty and therefore, a sum of Rs.5,000/- was withheld. There is no clear averment in the Writ Petition as to why an amount of Rs.5,000/- was withheld. Instruction given by the Corporation to the Standing Counsel does not also W.P.(C).No.24124 OF 2010 4 appear to be very clear on this aspect. Since the major portion of the amount withheld has now been ordered to be released, I do not think it is necessary to keep this Writ Petition alive for deciding the question of withholding of Rs.5,000/-. There will be a direction to the first respondent to consider the question as to the payment of Rs.5,000/- which was withheld by the Corporation as expeditiously as possible and at any rate within a period of two months from today, after affording an opportunity of being heard to the petitioner. 7. The question whether the petitioner is entitled to interest on the amounts withheld is left open and the disposal of this Writ Petition would not deprive the right, if any, of the petitioner to claim interest in appropriate legal proceedings. The Writ Petition is disposed of as above. K.T.SANKARAN, JUDGE. cms