High Court Kerala High Court

N.C. Joy vs Mr.P.T.Nandakumar on 11 July, 2007

Kerala High Court
N.C. Joy vs Mr.P.T.Nandakumar on 11 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con Case(C) No. 902 of 2007(S)


1. N.C. JOY, S/O. N.U.CHACKO,
                      ...  Petitioner
2. R. BHARGAVAN, S/O. VELUTHAKUNJU,
3. K.M. JOSE, S/O. K.C.MATHEW,
4. C.S. RAVINDRAN, S/O. SANKARAN,
5. P.K. SATHEESAN, S/O.P.K.KRISHNAN KUTTY,
6. T.A. RAPPAI, S/O. T.V.ANTHAPPAI,
7. V.K. NARAYANAN, S/O.P.R.KRIHNAN NAIR,

                        Vs



1. MR.P.T.NANDAKUMAR, AGED 54 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.P.SANTHALINGAM

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

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR

 Dated :11/07/2007

 O R D E R
                     K.BALAKRISHNAN NAIR,J.

                           -------------------------

              CONTEMPT CASE (C )No. 902 of 2007

                           --------------------------

               Dated this the 11th day of July, 2007


                             J U D G M E N T

The petitioners are the retired employees of the

Transformers and Electricals Kerala Ltd., Angamaly. Two

persons similarly placed like the petitioners approached this

court by filing O.P.3687/2001 claiming arrears of salary arising

out of revision of salary with retrospective effect from 1.9.1996.

They retired from service after the said revision. Their claim for

arrears of salary from 1.9.1996 to 31.12.1997 was conceded by

the Company and writ petition was disposed of directing them to

pay the entire arrears of salary as and when funds are available.

Claiming similar reliefs, petitioners herein approached this

court. The said W.P.(C) No. 29529 /2003 was disposed of by

judgment dated 20.10.2003, directing to extend the same

treatment meted out to the petitioners in O.P.3687/2001 to the

petitioners herein also. Alleging that the said direction has not

been obeyed, this Contempt Case is filed. The respondent has

filed a statement stating that the arrears of salary payable to the

petitioners under the judgment have already been released. The

CONTEMPT CASE (C )No. 902 of 2007

-2-

Petitioners submit some D.A arrears in relation to subsequent

periods are not disbursed. The said claim is not covered by the

above-mentioned judgment. So, for non-payment of the same

contempt proceedings cannot be initiated against the

respondents. Accordingly, this Contempt Case is closed without

prejudice to the rights of the petitioners to claim the D.A.

arrears, if any, payable to them.

(K.BALAKRISHNAN NAIR,JUDGE)

ma

K.THANKAPPAN,J

CRL.A. NO.92 OF 1999

ORDER

25th May, 2007