The Court dismissed writ petitions filed by temporary workers of Trivandrum Spinning Mills. Holding that the Voluntary Retirement Scheme applied only to permanent workers and that the scheme cited did not govern local employment terms, the Court denied relief.
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 K.VINOD CHANDRAN
TUESDAY, THE 5TH DAY OF JANUARY 2016/15TH POUSHA, 1937
WP(C).No. 25357 of 2004 (R)
PETITIONER(S):
1. J.GOPALAKRISHNAN NAIR, S/O. JANARDHANAN NAIR, AGED 41 YEARS RESIDING AT ANANDAMANDIRAM, BHAGAVATHY NADA BALARAMAPURAM, TRIVANDRUM-01.
2. S.VIJAYAKUMARAN, S/O. SOMAN NAIR, AGED 47 YEARS, KALA BHAVAN, PARUTHIMADAM MUDAVOOR PARA, BALARAMAPURAM, THIRUVANANTHAPURAM.
3. S.R.NAGARAJAN, S/O. RAMAYYA PILLAI, AGED 30 YEARS, VARUVILAKATHU VEEDU, VENGENOOR STREET PALLICHAL P.O., THIRUVANANTHAPURAM
4. K.SURESHKUMAR, S/O. K.KUTTAPPAN, AGED 35 YEARS, VATTAVILAKATHU VEEDU, R.C.STREET BALARAMAPURAM, THIRUVANANTHAPURAM.
5. S.MINI, D/O. K.CHELLAPPAN, AGED 28 YEARS, VARUVILAKATHU PUTHENVEEDU, ITHIYOOR BALARAMAPURAM.
6. K.PREMAN, S/O. GEORGE, AGED 51 YEARS, P.S.BHAVAN, KUZHIVILA K.S. ROAD, KOVALAM.
7. V.BEENAKUMARI, D/O. GANGADHARAN NAIR, AGED 30 YEARS, HARI VILASAM, PLAVILA VEEDU KADAKKULAM, MULLOOR P.O., VIZHINJAM.
8. G.KUTTAPPAN, S/O. GOPALAN, AGED 57 YEARS, MOMALIKA THOHARIKATHU PUTHEN VEEDU KARINGAL, KANDALA P.O.
CONTD..2..
.. 2 ..
WP(C).No. 25357 of 2004 (R)
9. C.VIMALCHANDRAN, S/O. K.CHANDRASEKHARAN NAIR, CHANDRABHAVAN MUTTACAUD P.O., VENGANOOR, THIRUVANANTHAPURAM.
10. S.JOSE, S/O. E.STEPHAN, AGED 42 YEARS, THEKKEKULANGARA VILAKATHU VEEDU KUZHICHAM, AMARAVILA P.O., NEYYATTINKARA.
11. K.ANILKUKMAR K., S/O.N.KRISHNANKUTTY, AGED 41 YEARS, AMBALATHINVILA, MUDAVOORPARA BALARAMAPURAM.
12. S.VINU, AGED 33 YEARS, S/O. SOMASEKHARAN, VELIKOTTUKONAM, THAYAL BALARAMAPURAM.
13. R.HARINDRAN NAIR, S/O. RAVEENDRAN NAIR, THOTTATHIL VEEDU, THEMPAMATTOM, THALAYAL BALARAMAPURAM.
14. SASI, S/O. R.KRISHNAN, AGED 31 YEARS, NELLIVILAKATHU PUTHENVEEDU, ITHIYOOR BALARAMAPURAM P.O.
15. G.VIJAYAN, S/O.GANGADHARA PANICKER, AGED 44 YEARS, VIKAS NILAYAM, PACHALLOOR P.O. THIRUVANANTHAPURAM.
16. K.SASIDHARA PANICKER, S/O. KRISHNA PANICKER, CHIATTALAKKAL PUTHENVEEDU EDAVEL, OTTASEKHARAMANGALAM P.O., NEYYATTINKARA.
17. J.SASIDHARAN NAIR, S/O.JANARDHANA PILLAI AGED 55 YEARS, SANTHOSH SADANAM, ATHIYANNOOR ARALUMMOODU P.O., NEYYATTINKARA.
18. C.SASIDHARAN, AGED 57 YEARS, S/O. CHELLAPPAN, NEDUMPARTHU VEEDU, AITHYOOR BALARAMAPURAM.
19. C.SURENDRAN, S/O. CHELLAPPAN, AGED 57 YEARS, G.S. HOUSE, NERAVANMOOLA P.O. THANNIVILA, BALARAMAPURAM.
CONTD..3..
.. 3 ..
WP(C).No. 25357 of 2004 (R)
20. N.SUKUMARAN, S/O. NARAYANAN, AGED 56 YEARS, VADAKKE THITOTTAM ROAD, AIKATU VEEDU THOZHUKAL, NEYYATTINKARA.
21. S.MUHAMMED NAVAS, S/O.M.SHAHUL HAMEED, AGED 32 YEARS, KUNNUVILAKATHU VEEDU, A.V.STREET BALARAMAPURAM P.O.
22. M.THANKAPPAN, S/O. MADAVAN, AGED 55 YEARS, VARUVILAKATHU PUTHENVEEDU, THITTY VILA KALLIYOOR P.O., THIRUVANANTHAPURAM.
23. S.ANI, S/O. SOMAN, AGED 30 YEARS, NELLIVILA PUTHEN VEEDU NANAVAM MOODU P.O., NEMOM, THIRUVANANTHAPURAM.
24. K.B.BHOOSHANA, S/O. KOCHUNNI PANICKER, AGED 54, SREE BHAVAN, PERINGAMMALA KALLIYOOR P.O., THIRUVANANTHAPURAM.
25. K.SREEDHARAN NADAR, S/O. KOCHUKRISHNAN NADAR, AGED 54, THEKKENIKATHU VEEDU, NELLIVILA, VENNIYOOR VELLIVILA P.O., THIRUVANANTHAPURAM.
26. P.JAYAKUMAR, S/O. PHILPOSE, AGED 29 YEARS, JAYA VILASAM BUNGLOW NARAVAM MOODU P.O., NEMOM, THIRUVANANTHAPURAM.
27. BIJU G., S/O. V.APPAVOO, AGED 35 YEARS, KAVINPURATHU VEEDU, MARAYAMUTTOM P.O. NEYYATTINKARA.
BY ADV. SRI.S.MADHU RESPONDENT(S):
1. STATE OF KERALA, REP. BY ITS PRINCIPAL CHIEF SECRETARY INDUSTRIAL DEPARTMENT, SECRETARIATE THIRUVANANTHAPURAM.
2. TRIVANDRUM SPINNING MILLS, REP. BY THE MANAGING DIRECTOR, BALARAMAPURAM.
R, BY ADV. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-01-2016, W.P.(C) NOS.35773-04, 3648-05, 12589-04, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25357 of 2004 (R)
APPENDIX
PETITIONERS EXHIBITS:
EXT.P1 COPY OF THE PAPER REPORTS OF THE CLOSURE OF THE COMPANY IN THE MALAYALA MANORAMA DAILY DTD. 20.3.02, 21.03.02, 22.03.02, 23.0302
EXT.P4 COPY OF THE APPROVED REVISED VOLUNTARY RETIREMENT SCHEME FOR EMPLOYEES OF NTC GROUP OF COMPANIES.
RESPONDENTS EXHIBITS: NIL
// TRUE COPY //
P.A TO JUDGE
SB
K. VINOD CHANDRAN, J.
=====================
W.P.(C) Nos. 25357, 12589,
35773 of 2004 & 3648 of 2005
======================
Dated this the 05th day of January, 2016
J U D G M E N T
W.P.(C) No.25357 of 2004 is dealt with, since all the
matters are identical. The documents are also referred to from
the said writ petition.
2
W.P.(C) Nos. 25357-04 & connected cases.
of Kerala would itself indicate that the scheme was introduced for permanent workers and with a view to reduce the excess man power existing in all the Public Sector Undertakings, which had affected the functioning of the undertakings itself. The petitioners, who were temporary workers were not entitled under the scheme. The Government later, by Ext.P3 Government Order, brought out a scheme by which badli/substitute/ temporary employees would also be entitled to ex-gratia payment equivalent to 45 days emoluments for every completed year, subject however to the year being determined on the basis of the actual working days. The petitioners had all accepted the same and severed themselves from the service of the 2nd respondent, in the year 2003 itself. They filed the above writ petitions claiming benefits under Ext.P4 Government Order.
3
W.P.(C) Nos. 25357-04 & connected cases.
Undertaking under the Central Government. The 2nd respondent is not governed by the terms of Ext.P4. The 2nd respondent, being a Public Sector Undertaking owned by the State of Kerala, only Exts.P2 and P3 would govern the matter of voluntary retirement from its employment.
In such circumstance, there is absolutely no reason why the relief sought for by the petitioners herein should be granted and the writ petitions would stand dismissed. No costs.
K. VINOD CHANDRAN, JUDGE
SB/06/01/2016
// true copy //
P.A to Judge.
3 issues framed by the court
Whether temporary employees are entitled to benefits under a voluntary retirement scheme meant only for permanent workers.
Whether a Voluntary Retirement Scheme issued by a Central Government entity governs the employment terms of a State-owned Public Sector Undertaking.
Whether temporary workers can claim benefits under a later Government Order intended for them when they already severed service.
J. GOPALAKRISHNAN NAIR
STATE OF KERALA
TRIVANDRUM SPINNING MILLS
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
