Disposed

G.Ayyappan Pillai v. Telk Limited

Kerala HC17 Oct 2016WP(C)/10546/2006

Case brief

AI extract

What is this about?

The petitioner, a retired operator, sought implementation of work orders for pay fixation and arrears from the Kerala Transformer Ltd. Examining a later settlement of 2005, the court held the petitioner was not entitled to benefits prior to 2005 but directed the respondent to grant the settlement benefits from that date. The petition was disposed of after recording this direction.

What did the court decide?

Petitioner directed to receive benefits under the 15.12.2005 settlement with effect from 01.01.2005.

G.Ayyappan Pillai Vs Telk Limited — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 17TH DAY OF OCTOBER 2016/25TH ASWINA, 1938

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WP(C).No. 10546 of 2006 (E)

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PETITIONER(S):

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G. AYYAPPAN PILLAI, LAKSHMI SADANAM, V.I.P. LANE, ANGAMALY.

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BY ADV. SRI.THAMPAN THOMAS

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RESPONDENT(S):

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1. THE TRANSFORMER AND ELECTRICAL KERALA

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(TELK) LTD., ANGAMALY,

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REP. BY ITS MANAGING DIRECTOR.

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2. THE SECRETARY TO INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURM.

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3. THE REGIONAL JOINT LABOUR COMMISSIONER, RJLC'S OFFICE, COLLECTORATE, KAKKANAD, ERNAKULAM.

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R1 BY ADV. SRI.M.PATHROSE MATTHAI (SR.)

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R2 & R3 BY GOVERNMENT PLEADER SMT.PRINCY XAVIER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 10546 of 2006 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------EXT.P1 TRUE COPY OF THE WORKSHEET DTD.NIL. EXT.P2 TRUE COPY OF THE LETTER DTD.29.9.2005. EXT.P3 TRUE COPY OF THE EXTRACT OF MEMORANDUM OF SETTLEMENT DTD.7.2.2004 OF CLAUSE 4.37 AT PAGE 20. EXT.P4 TRUE COPY OF ORDER DTD.30.3.2005. RESPONDENT(S)' EXHIBITS

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EXT.R1(a): TRUE COPY OF SETTLEMENT DTD.15.12.2005.

//TRUE COPY//

P.S.TO JUDGE

msv/

P.V.ASHA J.

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

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W.P.(C) No.10546 of 2006

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--------------------------------------------- Dated this the 17^th day of October, 2016

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J U D G M E N T

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The petitioner filed this writ petition seeking a direction to the first respondent to implement Exts.P3 and P4 and to disburse the arrears of pay due to him. Further direction is also sought for restraining the first respondent from entering into any agreement or settlement taking away his right to get his dues.

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Petitioner was working under the first respondent as 1^st Grade Operator. He retired from service on 30.11.2005. Producing Exts.P3 and P4 orders relating to the fixation of pay in the case of the employees under the 1^st respondent, petitioner submitted that he is entitled to get his pay fixed in terms of the same with effect from 1996.

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Respondents have filed a counter affidavit producing Ext.R1(a) settlement dated 15.12.2005 by which revised orders for fixation of pay have been issued. As per paragraph 3 of the said agreement under Appendix-I, the revised scale of pay though came into force with effect from 01.03.2003, it is made clear that the workmen are entitled only for notional fixation of pay as on 01.03.2003 and monetary benefits should be

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W.P.(C) No.10546 of 2006

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available only with effect from 01.01.2005. Therefore, petitioner will be entitled to the benefits under Ext.R1(a) settlement with effect from 01.01.2005. This is recorded.

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In case the petitioner is not paid the benefits on the basis of the said settlement, there will be a direction to the 1^st respondent to take steps to grant the benefit of the revision of pay effected as per Ext.R1(a) to the petitioner along with all consequential benefits within a period of one month from the date of receipt of copy of the judgment.

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With the above observations, this writ petition is disposed

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of.

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Sd/- P.V.ASHA, JUDGE.

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G.Ayyappan Pillai v. Telk Limited

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G.Ayyappan Pillai v. Telk Limited

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