P.S.V. Menon vs Malabar Cements Limited on 23 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20663 of 2009(C)


1. P.S.V. MENON, AGED 68 YEARS,
                      ...  Petitioner

                        Vs



1. MALABAR CEMENTS LIMITED,
                       ...       Respondent

2. THE MANAGING DIRECTOR,

                For Petitioner  :SRI.U.BALAGANGADHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :23/07/2009

 O R D E R
                           P.N.RAVINDRAN, J.
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                     W.P.(C) No.20663 of 2009-C
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                 Dated this the 23rd day of July, 2009

                                JUDGMENT

Heard Sri.U.Balagangadharan, the learned counsel appearing for the

petitioner and Smt.Latha Krishnan, learned standing counsel appearing

for the Malabar Cements Limited.

The petitioner is a former employee of the Malabar Cements

Limited. He retired from service on attaining the age of superannuation

in the year 1999. In this writ petition he contends that while in service he

was illegally suspended, later re-instated in service and back wages paid

only after a period of five years. He submits that he is therefore entitled

to interest on the back wages paid to him. In my opinion the claim made

by the petitioner is highly belated. The pleadings disclose that the

petitioner was suspended during the period from 28.10.1997 to

13.8.1998. Nearly ten years have passed thereafter. If at all the

petitioner had any claim he ought to have raised the claim and moved

this Court or the competent Civil Court while in service. In any case he

ought to have raised his claim immediately after retirement. The claim

made by the petitioner is highly belated.

The writ petition fails and is accordingly dismissed.

Sd/-

P.N.RAVINDRAN, JUDGE

//True Copy//