High Court Kerala High Court

E South Indian Bank vs The Labour Court on 19 June, 2008

Kerala High Court
E South Indian Bank vs The Labour Court on 19 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 18060 of 2001(Y)



1.   E SOUTH INDIAN BANK
                      ...  Petitioner

                        Vs

1. THE LABOUR COURT,ERNAKULAM
                       ...       Respondent

                For Petitioner  :SRI.M.PATHROSE MATTHAI (SR.)

                For Respondent  :SRI.H.B.SHENOY

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :19/06/2008

 O R D E R
                 C.N. RAMACHANDRAN NAIR, J.
                 --------------------------------------------
                       O.P. NO. 18060 OF 2001
                 --------------------------------------------
                Dated this the 19th day of June, 2008

                               JUDGMENT

Heard senior counsel appearing for the petitioner and counsel

appearing for the respondents. Separate applications filed by the

respondents under Section 33C(2) of the ID Act are allowed by the

Labour Court holding that claimants were entitled to allowance as they

worked as Special Assistants though their regular employment was in

the cadre of Head Clerk. Contention of the petitioner is that claim is

hopelessly barred by limitation because it was made around 11 years

after the employment of the respondents. Secondly petitioner raised a

contention that claimants have not discharged the duties of Special

Assistants which alone entitle them for the claim. Counsel for the

respondents-claimants on the other hand contended that management

never raised objection against their claim that they have worked as

Special Assistants. So far as the claim of limitation is concerned, the

case of the respondents is that no limitation is provided under the

statute. On going through the order of the Labour Court, I find that

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petitioner has not denied that claimants have worked as Special

Assistants. In the absence of any averment denying the work done by

the claimants as Special Assistants, I do not think they should adduce

any evidence towards proof of work done by them as Special

Assistants. Moreover the management has no case that Special

Assistants were available in the branches where the claimants were

employed during the relevant time so that the service of the claimants

was not required in that capacity. Therefore the claim of claimants

that they have discharged the duties of Special Assistants entitling them

for special allowance was rightly allowed by the Labour Court. It is

also not in dispute that Special Assistants were entitled to special

allowance under the Bi-partite agreement. The only issue that remains

to be considered is whether the delay in making the claim is fatal. In

the absence of any time limit provided under the statute, claim has to be

made necessarily within a reasonable time. In this case, it is seen that

claimants were continuously doing the work of Special Assistants until

claim petitions were filed. The Bank allowed the claimants to do the

work different from what they were supposed to do under the

employment which pre-supposes the bank’s willingness to pay

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allowance which the employees are entitled to under Bi-partite

agreement. In this view of the matter, and since claimants were

continuously doing the work of Special Assistants even at the time of

making claim petitions, their claim cannot be rejected on the ground of

limitation. However, the delay in making the claim petition should not

lead to further liability to the bank in the form of interest.

Consequently, I modify that portion of the order directing payment of

interest to the claimants. If payment is not made to the claimants

within two months from the date of receipt of a copy of this judgment,

petitioner will have to pay interest at the rate ordered by the Labour

Court. Respondents will produce a copy of this judgment before the

bank and make claim for the bank to make payment within the time

stipulated above.

O.P. is disposed of as above.

(C.N. RAMACHANDRAN NAIR)
Judge
kk

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