IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 W.A.No.1945 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.2380/2005-G, DATED 05/06/2008. .................... APPELLANT/PETITIONER:- ---------------------------------------- KALLIYOOR SERVICE CO-OPERATIVE BANK LTD.NO.1243, REPRESENTED BY ITS SECRETARY, KALLIYOOR P.O., THIRUVANANTHAPURAM DIST. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS/RESPONDENTS:- -------------------------------------------------- 1. R.JAYACHANDRAN, KOCHU VEEDU, NEAR PANCHAYATH OFFICE, KALLIYOOR P.O., THIRUVANANTHAPURAM DIST. 2. DEPUTY LABOUR COMMISSIONER AND SECRETARY, STATE ADVISORY CONTRACT LABOUR BOARD (AUTHORITY UNDER THE KERALA PAYMENT OF SUBSISTENCE ALLOWANCE ACT 1972) THIRUVANANTHAPURAM. 3. DEPUTY TAHSILDAR (RR), THIRUVANANTHAPURAM. 4. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. R2 TO R4 BY SPECIAL GOVERNMENT PLEADER SMT.A.G.ANEETHA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & THOMAS P.JOSEPH, J. ------------------------------------------- W.A.No.1945 of 2008 ------------------------------------------ Dated, this the 6th day of October, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.2380 of 2005 dated 5th June, 2008. By the impugned order, the learned Judge has rejected the writ petition filed by the appellant Bank. (2) The facts in brief are: The appellant before us is a Co-operative Bank. The first respondent was its employee. In contemplation of the domestic enquiry against the first respondent for the alleged acts of misconduct, the appellant Bank has kept the first respondent under suspension. During the period of suspension, the appellant Bank had not paid the subsistence allowance to the first respondent mainly on the ground that the first respondent owes lot of money to the appellant Bank. (3) When the first respondent initiated proceedings to recover the amounts due to him towards the subsistence allowance payable by the appellant Bank, the Bank approached this Court in W.P.(C) No.2380 of 2005. W.A.No.1944 of 2008 2 (4) The learned Single Judge keeping in view the provisions of Section 3(1) read with Section 3(2) of the Kerala Payment of Subsistence Allowance Act, 1974 ('the Act' for short) has rejected the writ petition. It is the correctness or otherwise of the said order that is called in question by the appellant Bank in this writ appeal. (5) Sri.V.S.Sudheer, learned counsel appearing for the appellant Bank, would submit that the first respondent owes huge amounts to the appellant Bank and the appellant Bank may be permitted to adjust whatever amounts due to the Bank before making any payment towards the subsistence allowance. (6) The argument of the learned counsel, in our opinion, would not impress us. The admitted position is that the first respondent was an employee of the Bank. He is kept under suspension in contemplation of the departmental enquiry proceedings. During the period of suspension, the Bank is expected to pay the subsistence allowance to the employee against whom the departmental enquiry proceedings are contemplated/pending. The first principle is that an hungry stomach would not be in a position to effectively defend itself before the enquiry officer and secondly the payment of subsistence allowance is a matter of right which requires to be taken care of by the appellant Bank. Keeping W.A.No.1944 of 2008 3 this aspect of the matter in view, the learned Single Judge, in our opinion, has rightly rejected the writ petition filed by the appellant Bank. (7) We do not see any infirmity in the orders passed by the learned Single Judge. Therefore, interference with the said order is not called for. Accordingly, the writ appeal requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (THOMAS P.JOSEPH) JUDGE vns/dk