Rameshan.V.K. vs State Of Kerala
2021 Latest Caselaw 3859 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                      WP(C).No.27332 OF 2019(N)


PETITIONER:

               RAMESHAN.V.K., AGED 59 YEARS,
               "ACHUTHAM", ACHUKULANGARA,
                P.O.PARAL, THALASSERY,
               KANNUR DISTRICT -670 171.

               BY ADV. SRI.P.P. ABDUL KAREEM


RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               DEPARTMENT OF INDUSTRIES,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM- 695 001.

      2        MANAGING DIRECTOR,
               KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION
               LTD., KELTRON HOUSE, VELLAYAMBALAM,
               THIRUVANANTHAPURAM- 695 033.

      3        MANAGING DIRECTOR,
               KELTRON COMPONENT COMPLEX LTD.,
               KELTRON NAGAR, P.O.KALLIASSERI,
               KANNUR- 670 562.

*ADDL. R4      GENERAL MANAGER (ADMIN),
               KERALA STATE BEVERAGES (M AND M) CORPORATION LTD.,
               BEVECO TOWER, VIKAS BHAVAN P.O., PALAYAM,
               THIRUVANANTHAPURAM - 695 033.

*ADDL. R5      THE GENERAL MANAGER,
               ANERT, LAW COLLEGE ROAD,
               PMG, THIRUVANANTHAPURAM - 695 033.

               *IMPLEADED AS PER ORDER DATED 22-01-2020 IN IA
               02/2020

               BY ADVS. SMT.M.A.ZOHRA, SC, KELTRON
                        SRI.NAVEEN.T., SC,
                        KERALA STATE BEV.CO. M. AND M.
 WP(C).No.27332 OF 2019(N)

                              -2-

                      SRI.T.R.HARIKUMAR, SC
                      SRI.ARJUN RAGHAVAN
                      SRI. SUNIL KUMAR KURIAKOSE - GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27332 OF 2019(N)

                                     -3-

                               JUDGMENT

Dated this the 3rd day of February 2021

The petitioner, who is stated to have

retired from the services of the third

respondent - Keltron Component Complex Ltd.

(hereinafter referred to as 'Keltron' for short)

on 30.11.2018, alleges that some components of

his retirement benefits, such as Pay Revision

Arrears, Employees Provident Fund, House Rent

Allowance, Earned Leave Surrender, Arrears of

Gratuity and eligible Ex-Gratia Payment, have

been withheld by the Keltron.

2. The petitioner, therefore, prays

that the afore amounts be directed to be

disbursed to him at the earliest; making a

further prayer that the settlement entered into

by the Trade Unions with Keltron, while he was

in service, be declared to be not applicable to

him.

3. I notice that, when this matter had

been pending before this Court, certain payments WP(C).No.27332 OF 2019(N)

were made by the Keltron to the petitioner; and

today, Sri.P.P.Abdul Kareem - learned counsel

for the petitioner, submits that what his client

has still to get is an amount of Rs.7,886/-,

towards Wage Revision Arrears; Rs.6,500/-, being

House Rent Allowance(HRA); Rs.11,815/- towards

the Provident Fund Contribution; Rs.12,500/- as

Ex-Gratia ordered by the Government; Rs.3,384/-

being the amounts paid by his earlier employers,

namely KSBC and ANERT; and the Dearness

Allowance(DA) as has been ordered through

Ext.P14.

           4.          In         response           to      the          afore

   submissions,         Smt.M.A.Zohra            -       learned    Standing

   Counsel      appearing          for     the    Keltron,         submitted

that the Wage Revision Arrears and HRA are not

eligible to the petitioner, because the

memorandums of settlement entered into by the

Company with the Trade Unions, while the

petitioner was in service, makes it clear that

only 85% of the sums computed as a consolidated WP(C).No.27332 OF 2019(N)

amount, will be paid as Wage Revision Arrears,

considering the financial situation of the

Company at that time. The learned Standing

Counsel submitted that, therefore, the Wage

Revision Arrears and HRA were consolidated with

such other amounts and 85% of such has been paid

to the petitioner, as also to other similarly

placed persons as per the said settlement. She,

therefore, submitted that no further amounts

under these heads are payable to the petitioner.

5. As regards the Provident Fund

Contribution and the amounts covered by Ext.P13

are concerned, Smt.M.A.Zohra submitted that

these amounts have already been paid to the

petitioner; while the Ex-Gratia amount of

Rs.11,500/-, as ordered by the Government, will

be paid only after the Company takes a decision

thereon subject to their financial viability.

6. Finally, as regards the amounts

covered by Ext.P14 - relating to the Dearness

Allowance - Smt.M.A.Zohra submitted that same WP(C).No.27332 OF 2019(N)

will also be paid in the manner stipulated

therein, which is to say, in installments

commencing from October 2020. She, therefore,

prayed that this case be dismissed, particularly

because the afore claims are not specified in

the writ petition but have been urged by the

petitioner only through a subsequent

interlocutory application, numbered as I.A.No.5

of 2020.

7. In reply, Sri.Abdul Kareem submitted

that the stand of the Keltron that they will not

pay the full Wage Revision Arrears and HRA is

illegal since Exts.R3(b) and R3(c) memorandum of

settlements between the Trade Unions and the

Company are not binding on his client. He,

however, conceded that his client has already

obtained the amounts covered by Exts.P7 and P13,

namely Rs.14,703/- and Rs.3,384/- respectively;

but asserted that the Provident Fund amount has

not yet been fully remitted, as submitted by

Smt.M.A.Zohra.

WP(C).No.27332 OF 2019(N)

8. As regards Ex-Gratia and the decimal

fractions of the Dearness Allowance are

concerned, Sri.P.P.Abdul Kareem submitted that

this Court may direct the Keltron to make

payment as has been undertaken by them within a

specified time frame.

9. When I consider the afore rival

submissions, it is indubitable that the

petitioner's claim for arrears of Wage Revision

and HRA are covered by Exts.R3(b) and R3(c)

Memorandums of Settlement entered into by the

Trade Unions and the Keltron, while the

petitioner was in service. Even though the

petitioner now says that he was not aware of

these Memorandums of Settlement and therefore,

not applicable to him, it has now been well

settled, through a catena of judgments of this

Court and that of the Hon'ble Supreme Court,

that when Settlements are entered into by the

recognized Trade Unions with the Management of a

Company, it is binding on the employees, except WP(C).No.27332 OF 2019(N)

when they are able to challenge the same in

terms of law before the appropriate forum. The

petitioner has not challenged the Memorandums of

Settlement until now, though he makes an

attempt, through this writ petition to do so, by

contending that they are not binding on him. I

am, however, of the firm view that this prayer

cannot be acceded to, particularly when it is

admitted that settlements were entered into

between Keltron and its Trade Unions, while the

petitioner in service.

10. Moving on to the amounts under the

Provident Fund, I record the submission of

Smt.M.A.Zohra that a sum of Rs.11,850/- has

already been remitted to petitioner's account.

11. As regards the Ex-Gratia amount of

Rs.12,500/- claimed by the petitioner is

concerned, Smt.M.A.Zohra says that the actual

figure is Rs.11500/- and that this is covered by

Ext.P12, which claim will be considered as and

when the Company makes a resolution, adopt the WP(C).No.27332 OF 2019(N)

same and as and when other employees are also

paid the same. This is recorded.

Finally, as regards Ext.P14, which deals

with the decimal fraction of the Dearness

Allowance is concerned, I record the submissions

of Smt.M.A.Zohra that said amount will be paid

as per the installments provided therein, namely

to commence from October, 2020.

In the afore circumstances, since I do not

see any further grievance subsisting for the

petitioner, I close this writ petition

directing the respondent to make payment of the

amounts in the manner and within the time frames

as undertaken by them afore.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C).No.27332 OF 2019(N)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE GO(MS)NO.105/17/ID DATED 28.10.2017.

EXHIBIT P2 TRUE COPY OF THE OFFICE MEMORANDUM DATED 26.12.2017 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE MEMORANDUM NO.CHR/SIO/42/17/2018 DATED 14.08.2018.

EXHIBIT P4 TRUE COPY OF THE DEDUCTION DETAILS IN RESPECT OF THE PETITIONER ISSUED BY THE BEVERAGES CORPORATION LTD.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 05.01.2019 ISSUED BY THE 3RD RESPONDENT TO THE KERALA STATE BEVERAGE CORPORATION LTD.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 12.01.2019 ISSUED BY THE 3RD RESPONDENT TO THE KERALA STATE BEVERAGES CORPORATION LTD.

EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS DATED 20.07.2018 ISSUED BY THE ANERT.

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 08.08.2019 SUBMITTED BY THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE REPLY DATED 03.09.2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE CIRCULAR DATED 04.09.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE PAPER REPORT DATED 21/11/2019 PUBLISHED IN MATHRUBHUMI DAILY

EXHIBIT P12 TRUE COPY OF THE LETTER DATED 23.06.2020 ISSUED BY THE 1S RESPONDENT

EXHIBIT P13 TRUE COPY OF THE LETTER DATED 15.10.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 30.10.2020 ISSUED BY THE 2ND RESPONDENT WP(C).No.27332 OF 2019(N)

RESPONDENT'S/S EXHIBITS :

EXHIBIT R3(a) TRUE COPY OF THE OFFICE MEMORANDUM CHR/WRO/4217 DATED 26.12.2017.

EXHIBIT R3(b) TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF THE 2ND RESPONDENT DATED 11.10.2018.

EXHIBIT R3(c) TRUE COPY OF THE MINUTES OF THE MEETING BETWEEN TRADE UNIONS AND MANAGEMENT OF THE 3RD RESPONDENT.

EXHIBIT R4(a) TRUE COPY OF THE BILL DATED 23.6.2020 ISSUED BY THE KERALA STATE BEERAGES CORPORATION.

EXHIBIT R4(b) TRUE COPY OF THE RELEVANT PAGE OF THE CASH BOOK.

//TRUE COPY// P.A. TO JUDGE