IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 23577 of 2010(V) ------------------------------------ PETITIONER(S): ----------------------- 1. KERALA STATE BEVERAGES CORPORATION WORKERS UNION (CITU), REG.NO.55/87,STATE COMMITTEE GANDHARI AMMAN KOVIL ROAD, THIRUVANANTHAPURAM REP. BY ITS PRESIDENT R.RAGHAVAN PILLAI, AGED 74 YEARS, S/O.M.R.RAMAKRISHNA PILLAI(LATE), DEVAMRUTHAM NDA D-42, SREEKARIYAM P.O., TVM - 17. 2. R.SUSEEL KUMAR, AGED 53 YEARS,ASSISTANT MANAGER, S/O.P.K.RAMACHANDRAN, GENERAL SECRETARY, K.S.B.C.U (CITU), STATE COMMITTEE, GANDHARI AMMAN KOVIL ROAD, THIRUVANANTHAPURAM R/AT KARTHIKA DEEPAM, PADINJATTIL LANE, KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM 3. V.G.RAMADAS, AGED 45 YEARS, S/O.GOPALAN (LATE), SHOP IN CHARGE, FL-I 8029, THRIPRAYAR, TRISSUR DISTRICT, RESIDING AT VADUKKUMCHERRY HOUSE, ENGADIYOOR (P.O), THRISSUR. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): ------------------------ 1. MANAGING DIRECTOR, KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD., PB 2263, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM - 695 010. 2. THE INTERNAL AUDITOR, K.S.B.C. LTD., PB 2263, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM - 695 010. ADV.SRI.ELVIN PETER.P.J, SC,BEVERAGES CORPN GOVERNMENT PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.23577 of 2010 --------------------------------- Dated this the 18th day of August 2010 J U D G M E N T 1st petitioner is a registered Union of workers of the 1st respondent Corporation and petitioners 2 and 3 are the employees of the 1st respondent Corporation. The grievance of the petitioners is that the Corporation has started to recover from their wages, amounts allegedly towards loss suffered by the Corporation. Petitioners submit that such recovery has been effected based on the allegation that the petitioners have lifted stocks without compliance of Exts.P4 and P6, instructions issued by the 1st respondent. It is stated that on this allegation, they were issued Ext.P8 notice to all Shop-in-charges and Warehouse Managers and in response to the notices, petitioners have submitted Exts.P10, P10(a) and P11 representations. It is stated that W.P.(C) No.23577 of 2010 -: 2 :- without taking any decision on the representations made, recovery has been effected from the salaries. 2. From the statement filed on behalf of the respondents, it would appear that the case of the respondents is that due to intending excess stock under the goods transfer, and not under special transfer note, the company has incurred loss in as much as cash discount payable to the Corporation, under GTN is less than what has payable under STN. It is stated that, it is on account of this that recovery has been effected from the petitioners and other officers of the respondent Corporation. 3. When Ext.P8 notice was issued, denying the allegation that loss was caused, replies have been filed by the petitioners and others, copies of which are Exts.P10, P10(a) and P11. Now that the petitioners are disputing the allegation levelled against them in the notice, it is necessary for the 1st respondent to deal with the contentions raised. Since that has not been done, I direct the 1st W.P.(C) No.23577 of 2010 -: 3 :- respondent to reconsider Ext.P8 in the light of Exts.P10, P10(a) and P11 representations made by the petitioners. This the 1st respondent shall do as expeditiously as possible, at any rate, within six weeks from the date of production of a copy of this judgment. Before final orders are passed, the representative of the 1st petitioner will already be directed to issue notice and will be heard on behalf of the other petitioners. Recovery in the mean while will be effected subject to the outcome of the above. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Jvt