Kerala High Court
Administrative and Public LawEmployment and Labour Law

Writ jurisdiction need not be exercised over an inconsequential subsistence-allowance discrepancy.

VAYANAKAM SERVICE CO-OPERATIVE BANK LTD. NO. 1483 vs THE DEPUTY LABOUR COMMISSIONER

Kerala High CourtJUDGMENT: September 28, 20261 MIN READSOURCE JUDGMENT
Writ jurisdiction need not be exercised over an inconsequential subsistence-allowance discrepancy.. VAYANAKAM SERVICE CO-OPERATIVE BANK LTD. NO. 1483 vs THE DEPUTY LABOUR COMMISSIONER. Kerala High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner Co-operative Bank challenged an order of the competent authority under the Kerala Payment of Subsistence Allowance Act, 1972, awarding the second respondent ₹1,11,211.49 as subsistence allowance for the period from 1 October 2024 to 1 April 2025

Source reference: p. 2

The Bank contended that the employee was reinstated on 29 March 2025 and was entitled to full salary from that date, making the allowance calculation through 1 April legally incorrect

Source reference: p. 2

The Government Pleader submitted that, at most, the disputed calculation concerned subsistence allowance for 30 and 31 March 2025, and that the error did not warrant interference under Article 226

Source reference: pp. 2–3
02

Issues

Whether the alleged error in calculating subsistence allowance through 1 April 2025 warranted interference under Article 226 of the Constitution

Source reference: pp. 2–4

Whether the Court should decline to exercise its writ jurisdiction because the alleged error concerned only two days’ subsistence allowance and was therefore trivial

Source reference: pp. 3–4
03

Law Applied

Article 226 confers discretionary jurisdiction, and the Court may decline to interfere where the alleged injury is too trivial to warrant relief

Source reference: p. 4

The maxim de minimis non curat lex—the law does not concern itself with trifles—may apply where the disputed matter is too inconsequential to justify judicial intervention

Source reference: p. 3

The Court referred to its application of the principle in P.K. Rajesh v. Kariyil Gopi & Anr., 2021 SCC OnLine Ker 5600, and to the discussion in Broom’s Legal Maxims concerning refusal to retry cases involving small damages

Source reference: p. 3
04

Reasoning

Even if the Bank’s contention about the reinstatement date were accepted, the only additional subsistence allowance payable would relate to 30 and 31 March 2025

Source reference: p. 4

The Court treated that difference as too trivial to justify exercising its discretionary jurisdiction under Article 226, applying the maxim de minimis non curat lex

Source reference: pp. 3–4
05

Holding

The Court declined to interfere with the order awarding subsistence allowance

dismissed the writ petition in limine

Source reference: p. 4
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Indian Penal Code, 18601

Kerala High Court

Original Court PDF

VAYANAKAM SERVICE CO-OPERATIVE BANK LTD. NO. 1483vsTHE DEPUTY LABOUR COMMISSIONER

Kerala High Court · September 28, 2026

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