The High Court held that admitted entitlement to undisputed arrears of pay revision is not affected by the company's financial red ink. The Board lacked authority to delay payment indefinitely.
Direction to the second respondent to pay arrears of pay revision within six months of receiving a copy of this judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
THURSDAY, THE 24TH DAY OF OCTOBER 2013/2ND KARTHIKA, 1935
WP(C).No. 8922 of 2013 (M)
PETITIONER:
R. SUKU SWATHI HOUSE, MEMANA, OACHIRA.P.O. KOLLAM DISTRICT. PIN-690 526.
BY ADV. SRI.K.P.RAJEEVAN
RESPONDENTS:
R2 BY ADV. SRI.K.SUBASH CHANDRA BOSE
R3 BY GOVERNMENT PLEADER SMT.SUNITHA VINOD R1 BY SC SRI.K.S.ANIL, KSEB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8922 of 2013 (M)
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1- COPY OF G.O.(RT) NO.1144/2006/ID DATED 13.10.2006.
EXT.P3- COPYOF LETTER NO.CGRF/KTR/Gnl/2012-13/1794 DATED 6.8.2012.
EXT.P5- COPY OF TREATMENT RECORDS OF THE PETITIONER.
RESPONDENTS' EXHIBITS: NIL
// TRUE COPY //
TKS
P.S. TO JUDGE
C.T.RAVIKUMAR, J.
W.P.(C)No.8922 of 2013 ------------------------------Dated 24th October, 2013
JUDGMENT
The petitioner who is presently working in Kerala State Electricity Board was on deputation to the United Electrical Industries Limited, Pallimukku which is a Government company. This writ petition has been filed on being aggrieved by the delay in disbursement of the arrears of pay revision. The learned counsel for the petitioner submitted that in the counter affidavit filed on behalf of the 2nd respondent the entitlement of the petitioner to the arrears of pay revision has not been disputed. In paragraph 8 of the counter affidavit the liability to pay the amount towards arrears of pay revision is virtually, admitted. The only reason assigned for the delay in payment is that presently, the company is in the red. When the entitlement of the petitioner to arrears of pay revision is admitted the straitened circumstances of the company cannot be assigned as a reason for delaying disbursement of such benefits legally payable to the petitioner. In paragraph 7 of the counter affidavit it has been stated that the Board of Directors of the company resolved that the arrears of pay revision to officers would not be disbursed for the time being. However, regarding the authority to take such a decision to delay the disbursement indefinitely nothing is mentioned. When it is admitted that the petitioner
WP(C).No.8922/2013 2
is entitled to get arrears of pay revision I am of the considered view that the Board of Directors got no authority to delay the disbursement of such benefits indefinitely. There is nothing on records to show that the competent authority has declared the company as a sick unit. Taking note of the fact that the entitlement of the petitioner towards the arrears of pay revision remains undisputed this writ petition is disposed of with a direction to the second respondent to effect payment of arrears of pay revision to which the petitioner is legally entitled, expeditiously, at any rate, within a period of six months from the date of receipt of copy of this judgment.
TKS
3 issues framed by the court
Whether straitened financial circumstances of a company can delay disbursement of legally undisputed arrears of pay revision.
Whether the Board of Directors had the authority to resolve not to disburse arrears of pay revision indefinitely.
What relief is appropriate when the petitioner's entitlement to arrears of pay revision is admitted but payment is delayed.
R. Suku Swathi House
Kerala State Electricity Board
Managing Director United Electrical Industries Ltd.
The Secretary to Government Industries Department
C.T. RAVIKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
