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2022 Supreme(Ker) 106

ALEXANDER THOMAS, VIJU ABRAHAM
Ramakrishnan. P. K. – Appellant
Versus
Kerala State Beverages (M&M) Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T.N.Sreekala, Adv.
For the Respondent: Sri.T.Naveen, Standing Counsel (B/O), Adv.

JUDGMENT :

Alexander Thomas, J.

The appellant herein has filed the instant Writ Petition (Civil), W.P.(C) No.24921 of 2020, with the following prayers:

    “(a) Call for the records leading to the issuance of Exhibit P6 and issue a writ of certiorari or other appropriate writ, order or direction to quash the same;

(b) Declare that withholding the gratuity and other retirement benefits due to the petitioner is illegal and without any authority of law;

(c) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to pay the gratuity and leave encashment withheld with 12% interest calculated from the date from which it fell due till the payment;

(d) Award costs of and incidental to this Writ Petition (Civil);

(e) Pass such other orders or directions as deemed fit and necessary in the facts and circumstances of the case.”

2. The learned Single Judge, after hearing both sides, has rendered the impugned judgment on 13.01.2021 finally disposing of the said Writ Petition by allowing the main pleas of the writ petitioner by holding that withholding of the gratuity amount due to the petitioner even after his retirement, is illegal and ultra vires as there are

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