Vijayan K.Jos vs Instrumentation Ltd
2021 Latest Caselaw 2033 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                       WP(C).No.5070 OF 2012(G)


PETITIONER:

               VIJAYAN K.JOS, OFFICE ASSISTANT, MATERIALS MANAGEMENT
               DIVISION, INSTRUMENTATION LTD,
               KANJIKODE WEST, PALAKKAD. (UNDER ORDER OF VRS)
               RESIDING AT B,22,KAILAS NAGAR, PUDUSSERY,
               PALAKKAD 678623

               SRI.V.V.SURENDRAN
               SRI.P.A.HARISH

RESPONDENTS:

      1        INSTRUMENTATION LTD.
               REPRESENTED BY THE CHAIRMAN-CUM-MANAGING DIRECTOR,
               KOTA- 324005, RAJASTHAN

      2        GENARAL MANAGER, INSTRUMENTATION LTD
               KANJIKODE WEST, PALAKKAD 678623

               SRI.V.KRISHNA MENON
               SRI.E.K.MADHAVAN
               SRI.PRINSUN PHILIP
               SMT.J.SURYA
               SMT.UMA GOPINATH
               SMT.P.VIJAYAMMA

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5070 OF 2012(G)

                                    2


                              JUDGMENT

Dated this the 19th day of January 2021

I do not require to consider the various assertions and

averments in this writ petition on its merits because the

learned counsel for the parties are ad idem that pending this

lis, several developments took place, based on which

respondents are now agreed to pay the petitioner his withheld

amounts, provided he withdraws this writ petition.

2. Sri.Harish, the learned counsel for the petitioner

submits that the only reason why the respondents are still

withholding the amounts due to his client is because he has

executed a bond permitting such recovery; while Sri.V.Krishna

Menon affirms this and says that since similarly situated

persons have already been paid their benefits, the petitioner

will not be singled out and that he will also be favoured with

the same.

Taking note of the afore and recording the submissions

of Sri.Krishna Menon as afore, I close this writ petition with a

consequential direction to the respondents to pay the

petitioner the withheld amounts, as expeditiously as is

possible, but not later than two months from the date of

receipt of a copy of this judgment.

WP(C).No.5070 OF 2012(G)

A regards the claim of the petitioner for interest is

concerned, I do not think that this Court will be justified in

considering the same, particularly because the respondents

have now agreed to pay the withheld amounts to him,

consequent to the decision in OP(FC)No.25/2017 and

connected cases delivered by this Court on 16.12.2020.

Obviously, therefore, the claim of the petitioner for interest on

these amounts can arise from only that date. Since the

respondents have already decided to disburse the said

benefits to him, I do not think this Court will be justified in

considering the issue of interest in this writ petition. This

request is therefore repelled.

Sd/- DEVAN RAMACHANDRAN

Stu JUDGE WP(C).No.5070 OF 2012(G)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE EXTRACT OF THE NON DUE CERTIFICATE ISSUED TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 05/04/2002 IN OP NO.11588/1998 OF THE HIGH COURT OF KERALA.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 01/06/2010 IN WPC NO.16697/2010 OF THE HIGH COURT OF KERALA.

EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF RP NO.807/2010 IN WPC NO.16697/2010.

EXHIBIT P5 TRUE COPY OF ORDER DATED 08/11/2010 IN RP NO.807/2010 IN WPC NO.16697/2010.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 25/06/2011 OF THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 10/06/2011.

EXHIBIT P8 TRUE COPY OF THE REPLY DATED 18/01/2012 GIVEN BY THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 20/01/2012 ISSUED BY THE INSTRUMENTATION WORKERS UNION (CITU).

EXHIBIT P10 TRUE COPY OF REQUEST DATED 16/05/2012 ALONG WITH THE REPLY DATED 15/06/2012.

RESPONDENT'S EXHIBITS:

ANNEXURE A THE TRUE COPY OF THE NOTICE DATED SERIES 08/06/2011 AND 05/09/2011 ISSUED TO SRI.

T. GANGADHARAN, K. SOMAN KURUP AND K. SHANMUGHAN.

EXHIBIT R2(A) TRUE COPY OF THE NOTICE DATED 08/06/2011 ISSUED TO SRI. T. GANGADHARAN.

EXHIBIT R2(B) TRUE COPY OF THE NOTICE DATED 08/06/2011 ISSUED TO SRI. K.SOMAN KURUP.

WP(C).No.5070 OF 2012(G)

EXHIBIT R2(C) TRUE COPY OF THE NOTICE DATED 05/09/2011 ISSUED TO SRI. K. SHANMUGHAN.