IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 26810 of 2008(N) ------------------------------------- PETITIONER: ------------------- K.BALAKRISHNAN, AGED 44 YEARS, S/O.P.RAMANATHAN, "KRISHNA LEELA", PARAMPATH SANSKRIT COLLEGE ROAD, TRIPUNITHURA, ERNAKULAM DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD SMT.SUMEY CHANDRAN RESPONDENTS: ----------------------- 1. FERTILISERS & CHEMICALS TRAVANCORE LTD., HEAD OFFICE, UDYOGAMANDAL, COCHIN - 683 501 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2. CHAIRMAN AND MANAGING DIRECTOR, FERTILISERS & CHEMICALS TRAVANCORE LTD., HEAD OFFICE, UDYOGAMANDAL, COCHIN - 683 501. 3. GENERAL MANAGER (PERSONNEL), FERTILISERS & CHEMICALS TRAVANCORE LTD., HEAD OFFICE, UDYOGAMANDAL, COCHIN - 683 501. BY SRI. E.K.NANDAKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.26810 of 2008 ================== Dated this the 4th day of September, 2008. J U D G M E N T The petitioner is an employee of the 1st respondent company. The petitioner seeks a direction to the respondent to pay to the petitioner amounts by way of encashment of earned leave and medical leave. I am of opinion that the eligibility for this relief and quantum thereof can be decided only by taking evidence which the petitioner can more appropriately do in a claim petition filed under Section 33C(2) of the Industrial Disputes Act before the Labour Court. Therefore without prejudice to such right this writ petition is dismissed. S.SIRI JAGAN, JUDGE rhs