IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 823 of 2003()
1. M.K.SASEENDRAN, S/O.LATE
... Petitioner
Vs
1. M/S.DREDGING CORPORATION OF INDIA LTD.,
... Respondent
2. THE PROJECT-IN-CHARGE,
For Petitioner :SRI.VAKKOM N.VIJAYAN
For Respondent :SRI.P.K.RAMKUMAR, ADDL.CGSC
The Hon'ble MR. Justice K.S.RADHAKRISHNAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/06/2007
O R D E R
K.S.RADHAKRISHNAN & ANTONY DOMINIC, JJ.
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W.A. NO. 823 OF 2003
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Dated this the 18th day of June, 2007
J U D G M E N T
Radhakrishnan, J.
Original petition was preferred by the appellant herein
seeking a writ of mandamus directing the first respondent to pay
arrears of Conveyance Reimbursement, Canteen Subsidy and
Children Education Allowance of the period from 1.2.1998 to
30.11.2000 i.e. the period the petitioner was in service of the first
respondent and to declare para 17.2 of Ext.P3 as against the
provisions of Constitution of India. Learned Single Judge find no
reason to grant the relief as prayed after taking note of the fact
that the issue has been already settled vide Exhibit RIV
settlement. The settlement binds all the workmen including the
petitioner in terms of Section 2(p) of the Industrial Disputes Act
and Section 18(2) of the Industrial Disputes Act, irrespective of
the fact that whether their union is a party to the settlement or
whether they are members of the union which entered into the
settlement. There is a specific clause 4.4 of Ext.RIV saying that
WA 823/2003
: 2 :
employees who took voluntary retirement/resigned between
1.2.98 and 28.10.2001 will not be eligible for allowances like
Conveyance Reimbursement/Transport Subsidy, Canteen Subsidy,
Children Education Allowance, Washing allowance, Lunch
Allowance to Drivers etc. Petitioner is therefore not eligible for
such allowances. Learned Single Judge therefore rightly
dismissed the original petition. Appeal lacks merits. Dismissed.
K.S.RADHAKRISHNAN, JUDGE.
ANTONY DOMINIC, JUDGE.
Rp