The Managing Director vs Sri.T.J. Francis on 5 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1845 of 2008()


1. THE MANAGING DIRECTOR,
                      ...  Petitioner

                        Vs



1. SRI.T.J. FRANCIS, RETIRED DRIVER,
                       ...       Respondent

                For Petitioner  :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :05/09/2008

 O R D E R
                   J.B. KOSHY & THOMAS P.JOSEPH, JJ.
                   ------------------------------------------------------------
                         W.A. NOS: 1845, 1847, 1849,
                       1850, 1851, 1852, 1854, 1855,
                              1856 & 1857 OF 2008
                   -----------------------------------------------------------
                   Dated this the 5th September, 2008.

                                       JUDGMENT

Koshy, J.

Writ petitioners retired from the service during the period from

1997 onwards. On 13/4/1999 by bipartite settlement pay revision

agreement was executed retrospectively from 1.3.1997. In the above

there was a clause as follows:-

“Pay revision arrears with effect from 1.3.1997 or
opted date if any, will be credited to provident fund for a
period of four years. Advances in respect of this amount
from Provident Fund will be allowed only after that period.
The I and II Interim Relief reckoned for fixation will be
deducted from the arrears since the same are reckoned
notionally for fixation alone. In case of retiring employees
the arrears will be released at the time of retirement.
(emphasis added).”

2. The amount has to be credited to the provident fund for four

years and in case of retiring employees arrears will be released at the

time of retirement. These retired employees were not paid its benefits

on the basis of the pay revision settlement, even after eight years. Now

it is also submitted that negotiations of new pay revision settlement is

going on. The Lok Ayukta has started proceedings for non-compliance

of settlement by Ext.P3. The learned Judge held that before effecting

new pay revision settlement the above arrears should be paid to the

retired employees. The learned Judge also found that there is no

W.A.Nos: 1845/08 etc. 2

justification in not paying the amount to the retired employees. We see

no ground to interfere with the same. However, we make a rider that

petitioners can enter into a new settlement but that shall not be

implemented before the entire arrears on the basis of settlement are

paid to the retired employees.

Writ appeals are disposed of with the above direction.

                                                     J.B.KOSHY
                                                       Judge




                                                THOMAS P. JOSEPH
jj                                                     Judge

                      K.K.DENESAN & V. RAMKUMAR, JJ.

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M.F.A.NO:

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JUDGMENT

Dated: