Sri M Muniyappa vs Hindustan Machine Tools Ltd (Mbx)
2022 Latest Caselaw 1347 Kant

                          1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 31ST DAY OF JANUARY 2022

                        BEFORE

     THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

               W.P.No.60169 Of 2016(S-R)

BETWEEN:

1.

SRI M MUNIYAPPA, S/O LATE MUNISWAMAPPA, AGED ABOUT 70 YEARS, NO.17/1ST G CROSS, 4TH BLOCK,3RD STAGE, 8TH MAIN, BASAVESWARANAGARA, BANGALORE-560 079.

2. SRI M SRINIVASAN, S/O LATE M MUNISWAMY, AGED ABOUT 70 YEARS, NO.100/1, BULL TEMPLE ROAD CROSS, BULL TEMPLE ROAD,K G NAGARA, BANGALORE-560 019.

3. SRI B SRINIVASA, S/O LATE BYRAPPA, AGED ABOUT 66 YEARS, NO.1157,7TH MAIN,7TH BLOCK, VIDYARANAYAPURA,HMT LAYOUT, BANGALORE-560 097.

4. SRI SRI BASAVA RAJU PONDHE, S/O LATE P CHINNAPPA, AGED ABOUT 62 YEARS,

R/AT NO.0-99, SECTOR-1, HMT TOWNSHIP,JALAHALLI, BANGALORE-560 013.

5. SRI. M. LINGANNA ASGI S/O. LATE M.C. ASGI, AGED ABOUT 63 YEARS, NO.755, 5TH MAIN, 5TH BLOCK, VIDYARANYAPURA, HMT LAYOUT, BANGALORE-560 097.

6. SRI. M. MUNINARAYANAPPA S/O. LATE MUNISWAMAPPA, AGED ABOUT 63 YEARS, NO.21, BEERESWARA NILAYA, INDIAN EXPRESS LAYOUT, VIRUPAKSHAPURA, VIDYARANYAPURA, BANGALORE-560 097.

7. SRI. M. U. BOPAIAH, S/O. LATE UTHAIAH, AGED ABOUT 64 YEARS, NO.84/1999, 2ND CROSS, PAPAIAH REDDY LAYOUT, MANORAYANAPALYA, R.T. NAGAR POST, BANGALORE-560 032.

8. SRI. K. M. PONNAPPA S/O. LATE K.S. MADAPPA, AGED ABOUT 64 YEARS, NO.36, 3RD MAIN, BASAVESWARA LAYOUT, NAGASHETTYHALLI, RMV 2ND STAGE, BANGALORE-560 094.

9. SRI. SHIVALINGE GOWDA, S/O. LATE KEMPE GOWDA, AGED ABOUT 64 YEARS, NO.39, SRISIDDESWARA NILAYA, 2ND CROSS, K.N. VILLA, 2ND PHASE, DODDABOMMASANDRA, VIDYARANYAPURA, BANGALORE-560 097.

10 . SRI. FAZIL AHMED SHARIFF, S/O. LATE GHOUSE MOHIDDIN, AGED ABOUT 64 YEARS, NO.53, 1ST FLOOR, 4TH CROSS, 8TH MAIN, BRUNDAVAN NAGAR, MATHIKERE, BANGALORE-560 054.

11 . SRI. L. THIMMAIAH, S/O. LATE THIMMAIAH, AGED ABOUT 63 YEARS, NO.271, 7TH CROSS, 2ND BLOCK, HMT LAYOUT, NAGASANDRA POST, BANGALORE-560 073.

12 . SRI. M.S. GURUMALLAIAH S/O. LATE M.S. SIDDALINGAIAH, AGED ABOUT 68 YEARS, NO.305, 2ND FLOOR, 18TH CROSS, 23RD MAIN, ARJON ANATHARA APARTMENTS, J.P. NAGAR, 5TH PHASE, BANGALORE-560 078.

13 . SRI. DORAISWAMY S/O. LATE K. ANANTHA RAMAN, AGED ABOUT 66 YEARS, NO.9, 1ST BLOCK, 2ND CROSS, K. V. SHANKARA LAYOUT, NANJAMBA AGRAHARA, C.H. PET, BANGALORE-560 018.

14 . SRI. R. SHIVAPRAKASH S/O. LATE S. RAJESWARAN, AGED ABOUT 64 YEARS, NO.462, 3RD CROSS, MASJID STREET, BEGUR ROAD, BOMMANAHALLI, BANGALORE-560 068.

15 . SRI. K.N. KRISHNA MURTHY S/O. LATE K. NANJUNDAIAH, AGED ABOUT 63 YEARS, NO.13, VANALIKA, 4TH CROSS, SWAGATH LAYOUT, VIDYARAYAPURA, BANGALORE-560 097.

16 . SRI. SHANTHARAM T.M.

S/O. LATE MUNISWAMY RAO, AGED ABOUT 65 YEARS, NO.135, PANDURANGA, SRINIVASA ROAD, 2ND BLOCK, THYAGARAJANAGAR, BANGALORE-560 028.

17 . SRI. S. RAJARAM S/O. LATE SIDDAIAH, AGED ABOUT 63 YEARS, NO.216, 2ND MAIN,

4TH CROSS, BHCS LAYOUT, UTTARAHALLI MAIN ROAD, BANGALORE-560 061.

18 . SRI. ABDUL RAHAMAN SHARIF, S/O. LATE ABDUL RAHIM, AGED ABOUT 61 YEARS, NO.35, 1ST CROSS, ROSHAN COLONY, JAYANAGARA 3RD BLOCK, EAST, BANGALORE-560 041.

19 . SRI. K. SURESH KUMAR, S/O. LATE KRISHNAN, AGED ABOUT 62 YEARS, RESIDING AT NO. 338, 3RD CROSS, KRISHNA REDDY LAYOUT, RAMAMURTHY NAGAR, BANGALORE-560 016.

20 . SRI. K. KRISHNA S/O LATE KANNAN AGED ABOUT 74 YEARS NO.14, 7TH CROSS, BRINDAVAN NAGAR, MATHIKERE, BANGALORE-560054.

21 . SRI. CHINNAKANNAN, S/O LATE CHINNAKOLANDAI, AGED ABOUT 63 YEARS, NO.1, (131), 2ND CROSS, 4TH MAIN, K.H. RANGANATHA COLONY, J.J. NAGAR, BANGALORE-560018.

22 . SRI. V. VAMAN RAO, S/O LATE RAGHUNATHA RAO, AGED ABOUT 76 YEARS

NO.651, 2ND BLOCK, 5TH MAIN, NEAR KULLAPPA CIRCLE, KAMMANAHALLI, BANGALORE 560084.

23 . SRI. D.P. RAJU, S/O LATE A. DEVASUNDARAM, AGED ABOUT 65 YEARS, NO.23, CHOWRAPPA LAYOUT, KAMMANAHALLI, ST. THOMAS TOWN, BANGALORE-560084.

24 . SRI. SUBRAMANYA, S/O LATE A DEENAPPA, AGED ABOUT 65 YEARS, NO.318, 2ND MAIN ROAD, BSK III STAGE,C.K.A. KATHRIGUPPA, BANGALORE 560085.

25 . SRI K RANGANNA, S/O LATE KOTE THIMMAIAH, AGED ABOUT 66 YEARS, NO.26/1, BRIGADE GATEWAY, FLAT NO.L.107, DR RAJAKUMAR ROAD MALLESWARAM WEST, BANGALORE-560005.

26 . SMT G S VIJAYALAKSHMI, W/O LATE D KRISHNA, AGED ABOUT 60 YEARS, NO.297, 2ND BLOCK, 6TH CROSS, 13TH MAIN, HMT LAYOUT, VIDYARANYAPURA, BANGALORE-560013.

27 . SRI P N NAGABHUSHAN RAO, S/O LATE NARAYANA RAO, AGED ABOUT 64 YEARS, NO.83, 3RD CROSS (NEXT TO ANJANEYA TEMPLE) IST A MAIN, ASHWATHNAGAR, RMV 2ND STAGE, BANGALORE-560094.

28 . SRI H K MASTI GOWDA, S/O LATE KALE GOWDA, AGED ABOUT 74 YEARS, NO.12, RAVI KRUPA, IST C CROSS, SATYANARAYANA LAYOUT, 3RD STAGE, 4TH BLOCK, BASAWESWARANAGARA, BANGALORE-560079.

29 . SRI S N SUNDARA MURTHY, S/O LATE S S NARAYANA RAO, AGED ABOUT 68 YEARS, NO.F 14, SAI MADHURA, GOKUL APARTMENTS, DR VISHNUVARAHAN ROAD, CHIKKALASANDRA, BANGALORE-560061.

30 . SRI K T KRISHNA REDDY, S/O LATE G THIMMAIAH, AGED ABOUT 68 YEARS, NO. 89, 3RD CROSS, NANJAPPA LAYOUT, VIDYARANYAPURA, BANGALORE - 560 097.

31 . SRI S RAVICHANDRAN,

S/O LATE C M S RAJAN, AGED ABOUT 67 YEARS, NO. 186, 1ST FLOOR, 10TH MAIN, 11TH CROSS, MALLESWARAM, BANGALORE - 560 003.

32 . SRI K M THOMAS KORAH, S/O LATE CHACKO THOMAS, AGED ABOUT 76 YEARS, NO. 500, YOGESHAPPA CROSS, KAMMANAHALLI MAIN ROAD, BANGALORE - 560 084.

33 . SRI H K SATYAMURTHY, S/O LATE H.S. KRISHNAPPA, AGED ABOUT 65 YEARS, NO. 37, SRI SAMUKHA, 2ND MAIN, 8TH CROSS, SRI M. V. LAYOUT, VIRUPAKSHANAGARA KODIGEHALLI, BANGALORE - 560 097.

34 . SRI G C SHIVANNA, S/O LATE VEERABADRAPPA, AGED ABOUT 80 YEARS, NO. 17, 17TH CROSS, BHUVANESHWARI NAGARA POST, HAF HEBBAL, BANGALORE - 560 024.

35 . SRI.M.K.LAXMIKESHAV, S/O LATE KESHAVA NARAYANA, AGED ABOUT 66 YEARS, NO.345, 7TH CROSS, 9TH MAIN, 3RD BLOCK, HMT LAYOUT, VIDYARANAYAPURA POST, BANGALORE-560032.

36 . SRI.M.GURURAJA, S/O MUNIGUSSAIAH, AGED ABOUT 61 YEARS, C/O DIV. DASAPPA, NO.1287, SRI LAKSHMI NILAYA, MRHB COLONY, GOVINDARAJANAGAR, BANGALORE-560079.

37 . SRI. NARAYANA GOWDA S/O LATE NARASIMME GOWDA, AGED ABOUT 60 YEARS, NO.25, 1ST FLOOR, 3RD CROSS, 5TH MAIN, DWARKANAGAR, BSK III STAGE, BANGALORE-560085.

38 . SRI.T.CHANDRASHEKAR, S/O LATE P.THULASILINGAM, AGED ABOUT 64 YEARS, NO.6, 2ND MAIN, 2ND A CROSS, KAMMANAHALLI MAIN ROAD, RAMASWAMYPALYA, BANGALORE-560033.

39 . SRI.K.SRINIVASA MURTHY S/O LATE KEMPE GOWDA, AGED ABOUT 63 YEARS, NO.19, 6TH CROSS, DEVEGOWDA BLOCK, AUDUGODI, BANGALORE-560030.

40 . SRI B P VENKATARAMA REDDY S/O LATE PAPI REDDY AGED ABOUT 61 YEARS

NO.A-33, SECTOR-II, HMT COLONY, JALAHALI, BANGALORE-560 013.

41 . SRI B LAKSHMINARAYANA SINGH, S/O LATE BHAVANI SINGH, AGED ABOUT 60 YEARS, R/AT NO.35/3A, 2ND CROSS, 3RD PHASE, NANJAPPA LAYOUT, VIDYARANYAPURA POST, BANGALORE-560 097.

42 . SRI K N JAGANNATHA, S/O LATE JAVARAIAH, AGED ABOUT 74 YEARS, R/AT NO.1, 2ND FLOOR, NARAYANAPPA LAYOUT, OPP. TO GANGA INTERNATIONAL SCHOOL INDIRANAGAR , DOODABIDARAKALLU, BANGALORE-560 073.

43 . SRI V S KRISHNAMURTHY, S/O LATE V SUBBARAO, AGED ABOUT 64 YEARS, R/AT NO.407, 3RD BLOCK, 10TH CROSS HMT LAYOUT, VIDYARANYAPURA, BANGALORE-560 054.

44 . SRI M VENKATRAMAIAH, S/O LATE MARAPPA, AGED ABOUT 67 YEARS, R/At No.3/15 (382),

OPP 9TH CROSS, WARD NO.13, NEAR GOVT SCHOOL, MALLASANDRA MAIN ROAD, T DASARAHALLI, BANGALORE-560 057.

45 . SMT K J VIJAYAMMA, W/O. K CHANDRASHEKAR, AGED ABOUT 68 YEARS, R/AT NO. 10, 11TH MAIN, 1ST BLOCK, HMT LAYOUT, VIDYARANYAPURA, BANGALORE 560097.

46 . SMT. T P MARIAMMA, W/O. SRI. K V THAMBI, AGED ABOUT 64 YEARS, R/AT NO. B1 10, SOWMYA SARIVAR APARTMENTS, BEHIND GATE NO. 5, RACHENAHALLI, BANGALORE 560045.

47 . SRI.CHIKKA HUCHAIAH, S/O LATE PILLA HUCHAIAH, AGED ABOUT 62 YEARS, R/AT NO.85 (35/1), 2ND FLOOR, 1ST MAIN, 2ND CROSS, BSK III STAGE, HRUSHIKESH NAGARA, HOSAKEREHALLI, BANGALORE-560 085.

48 . SRI.G.VARADARAJ, S/O LATE GOVINDARAJU, AGED ABOUT 71 YEARS, R/AT NO.225/2, 4TH MAIN, 2ND BLOCK, BYRAPPA BLOCK,

T.R.NAGAR, BANGALORE-560 028.

49 . SRI.M.VENUGOPALA REDDY S/O SAMPATH RANGA REDDY, AGED ABOUT 62 YEARS, R/AT NO.10, 4TH A MAIN, 1ST CROSS, BALAJI LAYOUT, VIDYARANYAPURA, BANGALORE-560 097.

50 . SRI.H.MUNIRAMA S/O LATE CHINNAPPA, AGED ABOUT 65 YEARS, R/AT NO.112, 75TH CROSS, 12TH B MAIN ROAD, 6TH BLOCK, RAJAJINAGARA, BANGALORE-560 010.

51 . SRI.RAGHUVEER, S/O LATE SUBBA RAO, AGED ABOUT 60 YEARS, R/AT NO.19, 2ND CROSS, SIDDALINGESWARA LAYOUT, THINDLU, VIDYARANYAPURA POST, BANGALORE-560 097. ...PETITIONERS

(BY SRI.AKASH B RAO, ADV. (VC))

AND

1. HINDUSTAN MACHINE TOOLS LTD (MBX), NO.59, HMT BHAVAN, BELLARY ROAD, BANGALORE-560 032, REP BY ITS CHAIRMAN & MANAGING DIRECTOR.

2. THE MANAGING DIRECTOR, HMT MACHINE TOOLS LTD., NO.59, HMT BHAVAN, BELLARY ROAD, BANGALORE-560 032.

3. THE GENERAL MANAGER, HINDUSTAN MACHINE TOOLS LTD., (HMT) BANGALORE COMPLEX, JALAHALLI, BANGALORE-560 013.

4. THE GENERAL MANAGER (HR), HMT MACHINE TOOLS LTD., NO.59, HMT BHAVAN, BELLARY ROAD, BANGALORE-560 032.

5. THE DIRECTOR OF FINANCE, HMT MACHINE TOOLS LTD., NO.59, HMT BHAVAN, BELLARY ROAD, BANGALORE-560 032.

6. UNION OF INDIA, REP BY ITS JOINT SECRETARY, MINISTRY OF HEAVY INDUSTRY AND PUBLIC ENTERPRISES, UDYOGA BHAVAN, NEW DELHI-110 001. ...RESPONDENTS

(BY SRI.H M MURALIDHAR, ADV. FOR R1-R5(VC): SMT. ANUPAMA HEGDE, ADV. FOR R6 (VC))

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-COMPANY TO CONSIDER THE REPRESENTATIONS GIVEN BY THE PETITIONERS DTD2.1.2016 VIDE ANNEXURE-C TO C50 AND THE RESPONDENT COMPANY ISSUED BY THE PAYMENTS OF ARREARS OF 1992 REVISION OF PAY SCALES IN ACCORDANCE WITH LAW. & ETC.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT, MADE THE FOLLOWING:

ORDER

The petitioners are ex-employees of the

respondents - Hindustan Machine Tools Limited. The

grievance of the petitioners is that in terms of the

settlement dated 23.04.1995, they were eligible for

payment of the arrears, in terms of Clause 13 of the

settlement for the period from 01.01.1992 to

31.03.1995, but the respondent-Company failed to

clear the payment of arrears in respect of the

petitioners herein.

2. Learned counsel for the petitioners placed

reliance on a judgment of the Hon'ble Supreme Court

in Civil Appeal Nos.6121-6158/2003 (arising out of

SLP(C).No.14440-14477/2002) which was disposed of

on 07.08.2003. The Civil Appeal was filed by the

respondent - HMT Ltd., against the order passed by

this Court and the High Court of Andhra Pradesh.

The Learned counsel for the petitioners submits that

the Hon'ble Supreme Court considered the contentions

of the respondent-Company that Clause 13 of the

settlement would provide that the payment of arrears

was only permitted if there is improvement in the

financial performance of the Company and the same is

to be determined by periodical reviews.

3. The Hon'ble Supreme Court held that such

contention was unsound. It was held that Clause 13,

does not say that the disbursement of arrears would

be made only after all accumulated losses were

completely wiped out. As a consequence, the appeals

filed by the respondent - Company was partly allowed

and the Company was directed to disburse 55% of the

arrears payable during the period from 01.01.1992 to

31.03.1995 to all eligible employees, to the extent of

their eligibility within three months from the date of

judgment. Further, balance amount of the arrears

payable shall be computed and disbursed to all eligible

employees in three equal annual installments on or

before 31.03.2005, 31.03.2006 and 31.03.2007

respectively.

4. Learned counsel for the petitioners submits

that there is a clear direction by the Hon'ble Supreme

Court that the disbursement of arrears shall be to all

eligible employees. It was submitted that the

petitioners herein were not parties before the Hon'ble

Supreme Court and therefore, they made

representation to the respondent - Company seeking

arrears in terms of the direction issued by the Hon'ble

Supreme Court. The respondent - Company has not

considered the representation of the petitioners and

the arrears remain unpaid.

5. Learned counsel for the respondent-

Company submits that the financial condition of the

respondent - Company is still very poor and the

Company is not in a position to clear the arrears of the

petitioners. Learned counsel for the respondent -

Company further submits that the respondent-

Company has filed statement of objections while

placing on record the balance sheet and assets and

liability of the Company to buttress his contention that

the Company's financial position is still not well off.

6. Having heard the learned counsel on both

the sides and on perusing the writ papers, this Court

is of opinion that the respondent - Company is liable

to pay the petitioners in terms of the judgment of the

Hon'ble Supreme Court. At this juncture, learned

counsel for respondent - Company submits that 55%

of the arrears in terms of the judgment dated

07.08.2003 has been paid to all eligible employees.

However, it is an admitted fact that the arrears

payable in terms of the judgment of the Hon'ble

Supreme Court is yet to be paid to several of the

employees. Nevertheless, the respondent - Company

is duty bound to consider the representation given by

the petitioners and pay the arrears as directed by the

Hon'ble Supreme Court. The representation given by

the petitioners have been produced at Annexure - C

to C50 in the writ petition.

7. The respondent - Company is, therefore,

directed to consider the representation of the

petitioners and pay the arrears within a period of

three months from the date of receipt of copy of this

order. If the respondent - Company has not paid the

arrears in terms of the judgment of the Hon'ble

Supreme Court as stated supra, the respondent-

Company is directed to give a reply to the petitioners

giving valid reasons and statement of facts as to

whether similarly placed employees who were before

the Hon'ble Supreme Court were paid the arrears or

not.

The petitions are accordingly disposed of.

Sd/-

JUDGE

Cm/-