A retired employee of the 2nd respondent company is seeking directions for payment of various benefits legitimately due based on her service. Learned Standing counsel appearing for the 2nd respondent company had produced copy of a notification issued by the Government in exercise of power conferred under Section 3 (1) of the Kerala Relief Undertakings (Special Provisions) Act, 1961. By virtue of the said notification (SRO No.146/2014 dated 11-02-2014) the period of the existing declaration of the 2nd respondent as a 'Relief Undertaking' is extended for a further period of 12 months from 29-03-2014 onwards. By virtue of another notification issued under Section 4 of the above said Act (SRO No.147/2014 dated 11-02-2014) restrainment is imposed with respect to the remedy for enforcement of any liability or applications against the said undertakings. Clause (iv) of SRO No.147/2014 stipulate that, 'any liability or obligation of the said undertaking accrued or incurred before it was declared a relief undertaking and any remedy for the enforcement thereof shall be suspended and all the proceedings relating thereto pending before any court, tribunal, officer or authority shall be stayed'.
W.P.(c) No. 6185/2005 -2-
2. In view of the above said notifications the claim raised in this writ petition cannot be considered until the expiry of period of notification. It is further noticed that a notification under Section 3 (1) of the Act was issued as early as in March, 2007 and it was periodically extended thereafter, on different occasions.
3. Under the above mentioned circumstances it is only just and proper to dispose of this writ petition reserving liberty to the petitioner to move afresh under appropriate circumstances. It is also left open to the petitioner to approach the Government seeking appropriate directions for payment of the claims, subject to availability of the funds.
4. Needless to observe that it will be left open to the Government to take appropriate decision if any such claim is put forth by the petitioner, without any further delay, at any rate within a period of 3 months from the date of receipt of such report.
AMG Sd/-
C.K. ABDUL REHIM JUDGE True copy P.A. to Judge