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ALEXANDER THOMAS, SHOBA ANNAMMA EAPEN
KERALA STATE FINANCIAL ENTERPRISES LIMITED – Appellant
Versus
MATHAI A. S/O AUGUSTHY – Respondent
JUDGMENT :
ALEXANDER THOMAS, J.
1. These intra court appeals are disposed of on the basis of this common judgment, as more or less identical and similar issues arise in these cases.
2. Heard the learned Senior Counsel, instructed by the learned Standing Counsel for the appellants and the learned Advocates appearing for the respective respondent-writ petitioners.
3. The writ petitioners are retired employees of the appellant Company, viz. M/s. Kerala State Financial Enterprises Ltd. (KSFE Ltd.) which is fully owned by the Government of Kerala and they are essentially aggrieved by the non-disbursal of non-statutory service benefits, like Earned Leave surrender, arrears of Dearness Allowance, salary revision arrears, festival incentives, flood relief amount, etc. The main ground of denial of these benefits, put forth by the appellant Company, is the pendency of liabilities, due to the alleged grant of sticky loans/chits by the writ petitioners, which is allegedly in violation of the appellant Company's circulars and norms.
4. The learned Single Judge, after hearing both sides, has rend
Payment of Gratuity Act, 1972, would deal with, not merely statutory corporations, but various other employer bodies which are non statutory bodies, like registered companies/registered societies and....
Disciplinary proceedings already initiated before retirement has to be allowed to be continued
Once full amount of gratuity becomes payable to the employee due to the consequences of law, then the right to get statutory interest in terms of Section 7(3A) of the Payment of Gratuity Act, cannot ....
Disciplinary proceedings against retired employees cannot continue without relevant service rules allowing such actions; withholding terminal benefits under these circumstances is illegal.
Secretary has no power to quantify and fasten the liability against an employee without recourse to the statutory procedure contained in Section 69 Kerala Co-operative Societies Act.
The court held that the employer was justified in withholding the gratuity pending finalization of disciplinary proceedings as permitted in Section 4(6) of the Payment of Gratuity Act.
The applicability of Civil Service Regulations depends on employment nature; disciplinary proceedings cannot continue against retired employees without specific provisions, and gratuity cannot be wit....
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