Disposed

P.R.Ravindran v. Union of India

Kerala HC16 Jun 2016WP(C)/5213/2012

Case brief

AI extract

What is this about?

Employees seeking payment of retirement benefits and pension. Upon disposal of a Supreme Court SLP, Court directed submission of additional representations to expedite disbursement by the respondent company within four months.

What did the court decide?

Petitioners to submit additional representation with bills within three weeks; respondent to finalise and disburse claims within four months.

P.R.Ravindran Vs Union of India — Company and Corporate | 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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THURSDAY, THE 16TH DAY OF JUNE 2016/26TH JYAISHTA, 1938

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WP(C).No. 5213 of 2012 (B)

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PETITIONERS:

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1. P.R.RAVINDRAN RAVI BHAVAN, MUTTATHUKONAM.P.O., VIA ELAVINTHITTA PATHANAMTHITTA DISTRICT (PERSONAL NO.02781)

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2. K.P. RADHAKRISHNA PILLAI THIRUNELLOOR HOUSE, KODUPPUNNA.P.O.,

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ALAPUZHA DISTRICT-689595. (PERSONAL NO. 40080) 3. P.M. MATHUNNI KUZHIYIL LGM VILLA, ULLANNUR.P.O., KULANADA VIA,

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PATHANAMTHITTA DISTRICT-689503. (PERSONAL NO. 10459) 4. P.K. RAMACHANDRAN NAIR KRISHNENDU BHAVAN, ELANTHOOR.P.O.,

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PATHANAMTHITTA DISTRICT -689643 (PERSONAL NO. 02126) 5. V.G.KOSHY KOCHUVEETTIL PADINJATTETHIL(JESTIN VILLA)

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ULANADU.P.O., KULANADA (VIA) PATHANAMTHITTA DISTRICT -689503 (PERSONAL NO. 03261) BY ADVS.SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW SRI.NIRMAL V NAIR

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RESPONDENTS:

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1. UNION OF INDIA REPRESENTED BY THE SECRETARY,

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DEPARTMENT OF PUBLIC SECTOR ENTERPRISES MINISTRY OF

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INDUSTRIES, CENTRAL SECRETARIAT, NEW DELHI-1. 2. HINDUSTAN STEEL WORKS CONSTRUCTION LTD. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, 5/1,

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COMMISSARIAT ROAD, HASTINGS, KOLKATTA, WEST BENGAL-700 022. 3. THE REGIONAL PROVIDENT FUND COMMISSIONER D.K. BLOCK, SECTOR II, SALTLAKE CITY,

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KOLKATTA, WEST BENGAL-700 091.

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R2 BY ADV. SRI.T.SANJAY,SC,HINDUSTAN STEELWORKS CO R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R3 BY ADV. SRI.N.N.SUGUNAPALAN (SR.)

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R3 BY ADV. SMT.T.N.GIRIJA, SC,EPF ORGANISATION R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R3 BY SMT.T.N.GIRIJA, SC,EPF ORGANISATION R2 BY SRI.T.SANJAY,SC,HINDUSTAN STEELWORKS CO

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.5213 OF 2012

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT.P1 : TRUE COPY OF THE REVISED VOLUNTARY RETIREMENT SCHEME APPROVED BY THE BOARD OF DIRECTORS OF THE 2ND RESPONDENT ON 28-6-2002.

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EXT.P2 : TRUE COPY OF THE OFFICE ORDER DATED 26-7-2002 ISSUED TO THE 2ND PETITIONER BY THE DEPUTY MANAGER(PERSONNEL) OF THE 2ND RESPONDENT COMPANY.

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EXT.P3 : TRUE COPY OF THE REPRESENTATION DATED 2-2-2001 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT SEEKING PAYMENT OF PENSION.

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EXT.P4 : TRUE COPY OF THE REPRESENTATION DATED 2-10-2003 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.

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EXT.P5 : TRUE COPY OF THE COVERING LETTER DATED 4-10-2008 SUBMITTED BY THE 1ST PETITIONER ALONG WITH FORM 10 D BEFORE THE 2ND RESPONDENT.

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EXT.P6 : TRUE COPY OF THE REPRESENTATION DATED 23-6-2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

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EXT.P7 : TRUE COPY OF THE COVERING LETTER DATED 14-7-2011 SENT BY THE 2ND PETITIONER TO THE CHIEF MANAGER, FINANCE OF THE 2ND RESPONDENT COMPANY.

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EXT.P8 : TRUE COPY OF THE LETTER DATED 14-10-2011 SENT BY THE 2ND PETITIONER TO THE CHIEF MANAGER, FINANCE OF THE 2ND RESPONDENT COMPANY.

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EXT.P9 : TRUE COPY OF THE REPRESENTATION DATED 10-7-2011 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT COMPANY.

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EXT.P10 : TRUE COPY OF THE REPRESENTATION DATED 8-6-2011 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT.

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EXT.P11 : TRUE COPY OF THE REPRESENTATION DATED 27-6-2011 SUBMITTED BY THE 5TH PETITIONER BEFORE THE 2ND RESPONDENT.

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EXT.P12 : TRUE COPY OF THE INTERIM ORDER DATED 16-12-2011 OF THIS HON'BLE COURT IN WPC NO. 33752/2011.

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EXT.P13 : TRUE COPY OF THE CASE STATUS INFORMATION OF THE HONOURABLE SUPREME COURT OF INDIA.

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EXT. P14 : TRUE COPY OF THE CIRCULAR DATED 23.12.2009 ISSUED BY THE 2ND RESPONDENT.

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EXT. P15 : TRUE COPY OF THE STATEMENT OF PROFIT AND LOSS FOR THE YEAR ENDED 31ST OF MARCH, 2015 AS AVAILABLE IN THE WEBSITE OF THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A.TO JUDGE

P.V.ASHA, J.

- - - - W.P.(C) No.5213 of 2012

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- - - - Dated this the 16^th day of July, 2016

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JUDGMENT

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The grievance of the petitioners is that the benefits due to them consequent to their voluntary retirement on the basis of Ext.P1, are not paid so far.

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The petitioners were working in various posts under

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the 2^nd respondent. Since they were not being paid salary on account of the acute financial crisis prevailed in the 2^nd respondent, they submitted applications for voluntary retirement under Ext.P1 scheme and they were relieved on voluntary retirement, with effect from 31.10.1995, 31.07.2002, 31.07.2002, 31.07.2002 and 22.03.1999 respectively. The petitioners submitted several representations requesting for the benefits payable to them under the scheme, including the benefit of the V^th Pay Revision orders. Petitioners submit that the High Court of Chhattisgarh by its judgment dated 28.04.2005 in W.P. No. 2 of 2001, filed by similarly situated employees who retired on

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W.P.(C).No.5213 of 2012 :2:

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voluntary retirement, directed payment of all retirement benefits to them, including the benefit of V^th Pay Commission revision and the Dearness Allowance at enhanced rates. The petitioners, thereafter submitted several representations, since they were not getting the pension payable under the employees pension scheme as well as the arrears of Dearness Allowance, transportation allowance etc. When there was no positive action from the 2^nd respondent, the petitioners filed this writ petition praying for a direction to the 3^rd respondent-the Regional Provident Fund Commissioner, to pay the monthly pension, and for a direction to the 2^nd respondent to pay the remaining retirement benefits including the arrears of the V^th Pay Commission Revision, Dearness Allowances, Traveling Allowance, Transportation Charges etc.

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When the writ petition came up for admission, this Court passed an interim order, directing the 2^nd respondent to forward the pension papers of the petitioners to the 3^rd respondent and directing the 3^rd

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W.P.(C).No.5213 of 2012 :3:

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respondent to take action on it. It is submitted by the counsel on either sides that the petitioners have already been granted pension, based on the interim order passed on 02.03.2012.

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The 2^nd respondent has filed a counter affidavit stating that an S.L.P(C)No.19536/2005 was filed against the judgment of the High Court of Chhattisgarh and the same is pending consideration. It is also stated that as per Ext.R2(c) order dated 21.03.2007 in Contempt Case No.78 of 2006, contempt proceedings initiated against the respondents were dropped, taking note of the pendency of the S.L.P. before the Supreme Court. In paragraph 8 of the counter affidavit, it is stated that petitioners 2, 3, 4 and 5 are not entitled to arrears of salary and other benefits, since the matter is subjudice in the Supreme Court.

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Regarding the claim of 4^th petitioner towards the traveling allowance and transportation expenses, it is stated that as per the rules of the company, he is entitled

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W.P.(C).No.5213 of 2012 :4:

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to a sum of Rs.7,000/- only, as against his claim for Rs.25,000/-.

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The learned counsel for the petitioners, referring to the information gathered from the website of the Supreme Court, submitted that the S.L.P referred to in the counter affidavit has already been disposed of, as early as on 13.09.2013.

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In view of the disposal of the S.L.P., there cannot be any objection for payment of the retirement benefits to the petitioners. According to the petitioners, the S.L.P. is disposed of in their favour. In the above circumstances, even though petitioners have already submitted Ext.P6 to P11 representations and the bills before the 2^nd respondent, it is only just and proper that petitioners submit additional representations, in order to expedite the action by the 2^nd respondent.

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Accordingly, the following directions are issued:

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(i) Petitioners shall submit an additional representation to the 2^nd respondent, detailing their

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W.P.(C).No.5213 of 2012 :5:

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claims, producing copies of the original bills and other materials if any, in support of their claims, within a period of three weeks from the date of receipt of a copy of this judgment. A copy of the judgment in WP. No.2 of 2001 of the Chattisgarh High Court shall also be furnished to the 2^nd respondent, by one of the petitioners.

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(ii) On receipt of the said representation, the 2^nd respondent shall consider the same in accordance with law and in terms of the judgment in WP No. 2 of 2001 and shall finalise and disburse the claims of the petitioners, within a further period of four months.

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The writ petition is disposed of accordingly.

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Sd/P.V.ASHA, JUDGE

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sm/

P.R.Ravindran v. Union of India

Case brief

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P.R.Ravindran v. Union of India

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