IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 21ST DAY OF JANUARY 2019 / 1ST MAGHA, 1940 WP(C).No. 37728 of 2017 PETITIONER: THE FOOD CORPORATION OF INDIA EMPLOYEES' CO-OPERATIVE SOCIETY LTD. E-751, KOCHI - 682 011, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.M.M.MONAYE SRI.DESI MATTHAI RESPONDENTS: 1 R.SHAJI NAIR 'SHAJI NILAYAM', NETTAYAM, THIRUVANANTHAPURAM - 695 013. 2 K.J. JAYAN, DRIVER GRADE - II, FOOD CORPORATION OF INDIA, DISTRICT OFFICE, KOZHIKODE - 673 005. 3 K. SAJITHKUMAR, WATCHMAN, FOOD CORPORATION OF INDIA, DISTRICT OFFICE, KOZHIKODE - 673 005. 4 THE AREA MANAGER, FOOD CORPORATION OF INDIA, DISTRICT OFFICE, WEST HILL, KOZHIKODE - 673 005. 5 THE GENERAL MANAGER, THE FOOD CORPORATION OF INDIA, REGIONAL OFFICE, THIRUVANANTHAPURAM - 695 004. BY ADVS. SRI.K.K.AKHIL SRI.E.M.ABDUL KHADER SRI.VIVEK VARGHESE P.J., SC, FOOD CORPORATION OF INDIA SMT.AMRIN FATHIMA WP(C)37728 OF 2017 2 SMT.M.A.VAHEEDA BABU SRI.BABU KARUKAPADATH SRI.K.M.FAISAL (KALAMASSERY) SRI.MITHUN BABY JOHN SRI.P.U.VINOD KUMAR SRI.T.A.UNNIKRISHNAN SRI.VIVEK VARGHESE P.J. SC FOOD CORPORATION OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)37728 OF 2017 3 JUDGMENT The petitioner, which is a Society for the employees of the Food Corporation of India registered under the Kerala Co- operative Societies Act, 1969 and the Rules made thereunder, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 4 and 5, namely, the Area Manager of the Food Corporation of India at Kozhikode and the General Manager of the Food Corporation of India at Thiruvananthapuram to retain with them the terminal benefits, including the Provident Fund due to the 1st respondent, and not to disburse the same to the said respondent. The petitioner has also sought for a writ of mandamus commanding respondents 4 and 5 to recover the amount due to the petitioner Society from the terminal benefits, including the Provident Fund amount due to the 1st respondent, and to remit the same to the petitioner Society. 2. On 23.11.2017, when this writ petition came up for admission, this Court admitted the matter on file. Urgent notice by speed post was ordered to respondents 1 to 3. The learned Standing Counsel for Food Corporation of India took notice for respondents 4 and 5. This Court passed an interim WP(C)37728 OF 2017 4 order directing respondents 4 and 5 to retain an amount of Rs.6,00,000/- from the terminal benefits payable to the 1st respondent, other than the amounts due to him by way of gratuity. The said interim order granted for a period of one month was extended from time to time, which is still in force. 3. A counter affidavit has been filed by respondents 2 and 3, who are the guarantors in the loan availed by the 1st respondent from the petitioner Society. 4. Heard the learned counsel for the petitioner, the learned counsel for respondents 2 and 3 and also the learned Standing Counsel for FCI, representing respondents 4 and 5. Despite service of notice, none appears for the 1st respondent. 5. The learned Standing Counsel for FCI, on instructions from respondents 4 and 5, would submit that the 1st respondent has already been terminated from service on account of unauthorised absence and the terminal benefits payable to the 1st respondent, which are now lying with respondents 4 and 5, shall be disbursed to the petitioner Soceity, subject to the conditions of Ext.P4 bond and Ext.P7 consent letter executed by the 1st respondent, within a period of four weeks, with due intimation to the 1st respondent. WP(C)37728 OF 2017 5 6. In such circumstances, this writ petition is disposed of by directing respondents 4 and 5 to take necessary steps to ensure that the terminal benefits payable to the 1st respondent, who has already been terminated from service on account of unauthorised absence, which are now lying with the said respondents, are disbursed to the petitioner Society, to the extent permissible as per Ext.P4 bond and Ext.P7 consent letter executed by the 1st respondent, with prior intimation to the 1st respondent. Steps in this regard shall be taken, as expeditiously as possible, at any rate, within a period of four weeks from the date of receipt of a certified copy of this judgment. Sd/- ANIL K. NARENDRAN JUDGE yd WP(C)37728 OF 2017 6 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR THE LOAN NO.10/11-12 EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR THE LOAN NO.20/11-12 EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR THE LOAN NO.11/11-12. EXHIBIT P4 TRUE COPY OF THE BONDS EXECUTED BY THE RESPONDENT NO.1 IN THE ABOVE LOAN. EXHIBIT P5 TRUE COPY OF THE BONDS EXECUTED BY THE RESPONDENT NO.2 IN THE ABOVE LOAN. EXHIBIT P6 TRUE COPY OF THE BONDS EXECUTED BY THE RESPONDENT NO.3 IN THE ABOVE LOAN. EXHIBIT P7 TRUE COPY OF THE CONSENT LETTERS SIGNED AND ISSUED TO THE PETITIONER SOCIETY BY THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF THE CONSENT LETTERS SIGNED AND ISSUED TO THE PETITIONER SOCIETY BY THE 2ND RESPONDENT. EXHIBIT P9 TRUE COPY OF THE CONSENT LETTERS SIGNED AND ISSUED TO THE PETITIONER SOCIETY BY THE 3RD RESPONDENT. EXHIBIT P10 TRUE COPY OF ONE OF THE LETTERS DATED 10.5.2013 SENT TO THE 4TH RESPONDENT WITH COPY TO THE 5TH RESPONDENT. EXHIBIT P11 TRUE COPY OF THE LETTER DATED 15.6.2013 SENT BY THE 1ST RESPONDENT. EXHIBIT P12 TRUE COPY OF ONE OF THE LETTERS DATED 31.7.2013 SENT BY REGISTERED POST TO THE 1ST RESPONDENT. EXHIBIT P13 TRUE COPY OF THE SAID INTIMATION DATED 22.7.2013 BY THE 4TH RESPONDENT TO THE PETITIONER SOCIETY. WP(C)37728 OF 2017 7 EXHIBIT P14 TRUE COPY OF THE AWARD DATED 16.10.2016 IN THE A.R.C. NO. 1484/14. EXHIBIT P15 TRUE COPY OF THE AWARD DATED 16.10.2016 IN THE A.R.C. NO. 1485/14. EXHIBIT P16 TRUE COPY OF THE AWARD DATED 16.10.2016 IN THE A.R.C. NO. 1486/14. EXHIBIT P17 TRUE COPY OF THE LETTER DATED 1.9.2017, SENT BY REGISTERED POST, REQUESTING 4TH RESPONDENT TO TAKE NECESSARY STEPS TO RECOVER THE AMOUNTS DUE TO THE SOCIETY FROM THE AMOUNTS PAYABLE TO THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A. TO JUDGE