Kerala High Court
WP(C)/14705/2025 of SHYLAJAKUMARI.S.S. Vs KERALA AUTOMOBILES LIMITED on 10 April 2025
No. 14705 of 2025 2025:KER:31393 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 14705 OF 2025 PETITIONER: SHYLAJAKUMARI S. S. AGED 59 YEARS, W/O K.P. SREEKUMAR, AMBADI, CONVENT ROAD,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH
CHAITHRA, 1947
WP(C) NO. 14705 OF 2025
PETITIONER:
SHYLAJAKUMARI S. S.
AGED 59 YEARS, W/O K.P. SREEKUMAR,
AMBADI, CONVENT ROAD, PRAVACHAMBALAM,
NEMOM, KALLIYOOR, THIRUVANANTHAPURAM,
(EXECUTIVE GR.I, RETIRED FROM KERALA
AUTOMOBILES LTD. ON 30/04/2023), PIN –
695020.
BY ADVS.
G. SANTHOSH KUMAR (P).
GOPIKA RAMESH
RESPONDENTS:
KERALA AUTOMOBILES LIMITED,
REPRESENTED BY THE MANAGING DIRECTOR,
KERALA AUTOMOBLIES LTD, ARALUMOOD P.O,
THIRUVANANTHAPURAM, PIN – 695123.
THE DEPUTY GENERAL MANAGER
(ADMINISTRATION)
KERALA AUTOMOBILES LTD, ARALUMOOD P.O.,
THIRUVANANTHAPURAM, PIN - 695123
STATE OF KERALA
REPRESENTED BY THE SECRETARY TO
GOVERNMENT, INDUSTRIES DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN –
695001.
BY ADV.
THOMAS ABRAHAM-SC
MARY BEENA JOSEPH – SENIOR GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
D. K. SINGH, J.
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W.P.(C) No. 14705 of 2025
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Dated this the 10th day of April, 2025
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JUDGMENT
1. The present writ petition has been filed seeking the following prayers:
(i) Issue a writ of mandamus or any other writ, order or direction directing the 1st respondent to disburse the Gratuity amount due to the Petitioner as shown in Ext.P-2 along with 8% interest for the delayed payment within a time frame fixed by this Hon’ble court;
(ii) Issue a writ of mandamus or any other writ, order or direction directing the 1st respondent to pay cost towards litigation expenses to the Petitioner as fixed by this Hon’ble Court;
(iii) Issue such other order as this Hon'ble court deems fit and necessary in the facts and circumstance of the case.
(iv) To dispense with filing of translation of the vernacular documents.
2. The learned Senior Government Pleader submits that the State Government will transfer the petitioner's gratuity to the Kerala Automobiles Limited within three months.
3. The learned Standing Counsel for the Kerala Automobiles Limited submits that soon after the amount is transferred by the State Government, the petitioner shall be paid his gratuity forthwith.
4. Considering the aforesaid submissions made on behalf of the learned Senior Government Pleader and the learned Standing Counsel for the 1st respondent, the present writ petition is disposed of with direction to the State Government to disburse the amount of the gratuity of the petitioner to the 1st respondent, who in turn shall pay the gratuity to the petitioner forthwith.
Sd/- D. K. SINGH JUDGE Svn
APPENDIX OF WP(C) 14705/2025
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE OFFICE ORDER DATED 29/04/2023 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT-P2 TRUE COPY OF THE CALCULATION STATEMENT DATED 31/07/2023 SHOWING THE GRATUITY AMOUNT PAYABLE TO THE PETITIONER ISSUED BY THE 1ST RESPONDENT.
EXHIBIT-P3 TRUE COPY OF THE INTERIM ORDER DATED 16/12/2024 IN W.P(C) NO.43246/2024.
EXHIBIT-P4 TRUE COPY OF THE JUDGMENT DATED 24/01/2025 IN W.P(C) NO.43246/2024.
EXHIBIT-P5 TRUE COPY OF THE JUDGMENT DATED 24/07/2023 IN W.P(C) NO.22989/2023.