IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 29096 of 2009(F) -------------------------- PETITIONER(S): ---------------------- G.KRISHNAN, INDIRA BHAVAN, GANDHIPURAM, SREEKARIYAM,THIRUVANANTHAPURAM PIN-695017 (SECURITY GUARD, KELTRON COUNTERS LTD. THIRUVANANTHAPURAM (RETD) BY ADV. SRI.B.RAGUNATHAN SRI.R.SRINATH RESPONDENT(S): ----------------------- 1. STATE OF KERALA REP. BY PRINCIPAL SECRETARU TO GOVERNMENT INDUSTRIES DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001. 2. MANAGING DIRECTOR KERALA STATE ELECTRONIC DEVELOPMENT CORPORATION LTD., KELTRON HOUSE, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033 3. KELTRON COUNTERS LTD. REP. BY CHIEF EXECUTIVE KELTRON COUNTERS LTD KELTRON HOUSE COMPOUND, VELLAYAMBALAM, HTHIRUVANANTHAPURAM-695033. ADV. SRI.T.P.KELU NAMBIAR FOR R2 SRI.M.GOPIKRISHNAN NAMBIAR FOR R2 GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 29096 OF 2009 (F) ===================== Dated this the 9th day of November, 2009 J U D G M E N T Petitioner was a Security Guard working under the 3rd respondent. He was ordered to be regularized by Industrial Tribunal, Kollam in the Award in ID No.4/92. That award was challenged before this Court and finally this Court held that the monetary benefits due under the award will be paid to the petitioner for the period from 1991 onwards. In this writ petition, the petitioner submits that he is yet to be disbursed the amount dues under the Award for the period from 1992 till 31/8/2004 and also the benefits under the SSNP Scheme. It is seeking this relief, the writ petition is filed. 2. Standing counsel appearing for the respondents submits that winding up proceedings against the 3rd respondent is pending before this Court vide Company Petition No.11/02. It is submitted that the 1st respondent has already deposited an amount of Rs.5 crores for discharging the liabilities of the 3rd respondent and that for equitable distribution of the amount thus deposited, this Court has appointed Adv.Aditya Shenoi as WPC 29096/09 :2 : Advocate Commissioner with a direction to him to invite claims and that claims will soon be invited by the Advocate Commissioner. 3. If as stated by the counsel, an Advocate Commissioner has been appointed for disbursement of the claims against the 3rd respondent Company, the remedy available to the petitioner is to file his claims before the Advocate Commissioner and seek disbursement of the amounts due. Therefore, leaving it open to the petitioner to pursue his monetary claims against the 3rd respondent before the Advocate Commissioner on his inviting claims from creditors, this writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp Year “1992” mentioned in the 8th line of the first paragraph of the judgment dated 9/11/2009 in WP(C) No.29096/2009 is corrected as “1991” and the word 'dues' is corrected as 'due' as per order dated 1/12/2009 in I.A.No.14683/2009. Sd/- Registrar (Judicial)