IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 28th day of June 2022 / 7th Ashadha, 1944
WA NO. 632 OF 2022
AGAINST JUDGMENT DATED 24/03/2022 IN WP(C) 7781/2021 OF THIS COURT
APPELLANT/PETITIONER IN WP(C):
JAGADEESH C.S., AGED 45 YEARS, S/O. SIDHARTHAN NAIR, CHOORAPILAKKAL,
ELATHUR, KOZHIKODE-673 303.
BY ADV.SRI. P.RAMAKRISHNAN
RESPONDENTS/RESPONDENTS IN WP(C):
1. THE SECRETARY, M/S. KARANNUR SERVICE CO-OPERATIVE BANK, ELATHUR,
KOZHIKODE-673 303.
AND ANOTHER.
BY ADV.SRI. P.P.JACOB FOR R1
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay operation of the judgment passed by the Learned Single Judge dated
24/03/2022 in W.P.(C) No.7781 of 2021.
This Writ Appeal again coming on for orders along with connected
case on 28/06/2022 upon perusing the appeal memorandum and this court's
order dated 15/06/2022, the court on the same day passed the following:
P.T.O.
A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ.
-----------------------------------------
W.A. Nos.632 & 634 of 2022
-----------------------------------------
Dated this the 28th day of June, 2022
ORDER
A.K.Jayasankaran Nambiar, J.
Through an affidavit filed by the 1st respondent pursuant to our direction dated 15.06.2022, it is brought to our notice that pursuant to the reinstatement of the workman, he is being paid pay and allowances based on the pay scale that was existing in the past and not as per the current pay scale applicable to similar workman. We find this to be in gross disregard of the direction of this Court to reinstate the workman. When reinstatement is ordered with full pay and allowances, we would have expected the respondent employer to not only forthwith reinstate the workman in service but also pay him the salary and allowances based on the pay scale that is currently existing and on the basis of which payments are effected to other similar workman. Inasmuch as this is not being done, we direct the respondent employer to forthwith disburse the pay and allowances together with arrears based on the pay scales as applicable from time to time to the appellant workman and report compliance before this Court within 10 days.
Post on 08.07.2022.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
MOHAMMED NIAS C.P.
JUDGE mns 28-06-2022 /True Copy/ Assistant Registrar