High Court Kerala High Court

K.Y.Thomas vs The Chief General Manager on 2 August, 2010

Kerala High Court
K.Y.Thomas vs The Chief General Manager on 2 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 659 of 2010(S)


1. K.Y.THOMAS, BSNL SENIOR SECTION
                      ...  Petitioner

                        Vs



1. THE CHIEF GENERAL MANAGER,
                       ...       Respondent

2. THE PRINCIPAL GENERAL MANAGER,

3. THE ACCOUNTS OFFICER,

                For Petitioner  :SRI.JAMES FLETCHER

                For Respondent  :SHRI.P.J.PHILIP SC FOR BSNL

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :02/08/2010

 O R D E R
            THOTTATHIL B. RADHAKRISHNAN
                                  &
               S.S.SATHEESACHANDRAN, JJ.
                    -------------------------------
                     R.P.NO.659 OF 2010
                                 IN
                 W.P.(C).NO.2493 OF 2010
                  -----------------------------------
           Dated this the 2nd day of August, 2010

                            O R D E R

THOTTATHIL B. RADHAKRISHNAN, J.

The respondent in the writ petition is the review petitioner.

He was an employee of BSNL. It appears that he was surety to

certain transactions. The creditors moved the civil court or

initiated proceedings under the Revenue Recovery Act, 1968.

They obtained various restraint orders by way of injunctions or

otherwise. The garnishee, namely, the employer of the review

petitioner was thus bound by those orders to abstain from

releasing even the retirement benefits. May be, those decisions

are unsustainable. The employee, the review petitioner herein,

moved this Court by filing a writ petition seeking reliefs. On

BSNL being brought under the coverage of the Administrative

Tribunals Act, 1985, the writ petition stood transferred for being

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considered as a transferred application by the C.A.T., Ernakulam

Bench. With that, the consideration of the case stood

circumscribed by the jurisdictional limits of the Tribunal under

the Administrative Tribunals Act. The Tribunal ordered the

establishment to release the amounts due to the employee

towards commuted value of pension, gratuity etc. The

establishment filed the writ petition before this Court. We had

necessarily to hold that the Tribunal have over-stepped its

jurisdiction in as much as it could not have sat in judgment over

the correctness of the decision of the civil court or the statutory

orders under the Revenue Recovery Act imposing injunctions or

ordering attachment. We, therefore, issued the judgment sought

to be reviewed.

2. We heard Adv.Sri.James Fletcher on behalf of the review

petitioner quite in extenso. He says that had the writ petition

continued here, the matter could have been looked at differently.

As of now, we cannot say anything as to how this Court could

have moulded the reliefs, if possible, having regard to the

submissions now being made. But, we find that it is beyond, for

R.P.659/10 3

us to say in the case in hand, because the writ petition stood

transferred to the C.A.T, to be decided in terms of the

Administrative Tribunals Act. The writ petitioner, unfortunately,

had not persuaded this Court to exercise jurisdiction under

Article 226 of the Constitution of India. Not only that, though

the learned counsel very persuasively pointed out that in terms

of the decisions of the Apex Court and this Court, the validity of

attachments may be contrary to the statutory provisions, it is

not within the limits of the Tribunal to have gone into that issue.

It is either for the debtor, suffering the attachment, namely, the

review petitioner or for the garnishee, the establishment, to seek

relief from the attaching authorities or authorities which have

issued injunctions. This, obviously was either the civil courts or

the authorities under the Revenue Recovery Act.

3. The learned counsel for the establishment states that

during the pendency of the writ petition before this Court, the

establishment had moved some of the attaching courts seeking

modification of its liabilities as garnishee and had been able to

obtain a couple of favourable orders, though some matters are

R.P.659/10 4

still pending.

In the aforesaid circumstances, we refuse to interfere the

order sought to be reviewed. We, however, direct that if the

review petitioner files any application before any civil court or

any authority under the Revenue Recovery Act, to lift the

attachment or injunction, such authority shall expeditiously take

up the review petitioner’s request and consider it and issue

orders in accordance with law with no delay. Review petition is

ordered accordingly.

THOTTATHIL B. RADHAKRISHNAN
JUDGE

S.S.SATHEESACHANDRAN
JUDGE

prp

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