Kerala High Court
South India Wires And Ropes Ltd vs Aravindakshan.K on 4 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WA.No.1768 OF 2020
AGAINST THE JUDGMENT IN WP(C) 15206/2020(A) OF HIGH COURT OF
KERALA
APPELLANTS/PETITIONER:
1 SOUTH INDIA WIRES AND ROPES LTD.,
EDATHALA P.O., ALUVA-683561,
REPRESENTED BY ITS AUTHORISED SIGNATORY,
SHRI.M.JAYARAJAN AGM.
2 SREE GOKULAM INFRA STRUCTURE PVT. LTD.,
SREE GOKULAM TOWER, ARCTO ROAD,
CHENNAI-600024,
REPRESENTED BY ITS AUTHORISED SIGNATORY,
SHRI.M.JAYARAJAN, AGM.
BY ADVS.
SRI.DEEPU THANKAN
SMT.UMMUL FIDA
RESPONDENT/RESPONDENT:
ARAVINDAKSHAN.K
S/O.PARAMESWARAN NAIR,
MANNATH HOUSE, KUNDALIYYOR P.O.,
THRISSUR-680616.
BY ADV.
SRI.K.A.HAZAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.01.2021,
ALONG WITH W.A.NO.1777/2020 AND W.A.NO.1781/2022 THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WA.Nos.1768, 1777 & 1781 OF 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WA.No.1777 OF 2020
AGAINST THE JUDGMENT IN WP(C) 14548/2020(P) OF HIGH COURT OF
KERALA
APPELLANTS/PETITIONERS
1 SOUTH INDIA WIRES AND ROPES LTD.
EDATHALA P.O, ALUVA 683561
REPRESENTED BY ITS AUTHORISED SIGNATORY,
SHRI M. JAYARAJAN AGM
2 SREE GOKULAM INFRA STRUCTURE PVT. LTD
SREE GOKULAM TOWER, ARCOT ROAD,
CHENNAI 600 024
REPRESENTED BY ITS AUTHORISED SIGNATORY,
SHRI M. JAYARAJAN,AGM
BY ADVS.
SRI.DEEPU THANKAN
SMT.UMMUL FIDA
SMT.LAKSHMI SREEDHAR
RESPONDENT/RESPONDENT:
SAURI P.A.
S/O. ANTONY, PUTHANPURAKKAL HOUSE,
PAZHANGANAD, KIZHAKKAMBALAM P.O,
ERNNAKULAM 683562
BY ADV.
SRI.K.A.HASAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
04.01.2021, ALONG WITH W.A.NO.1768/2020 AND W.A.NO.1781/2022 THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.Nos.1768, 1777 & 1781 OF 2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WA.No.1781 OF 2020
AGAINST THE JUDGMENT IN WP(C) 15468/2020(G) OF HIGH COURT OF
KERALA
APPELLANTS/PETITIONERS
1 SOUTH INDIA WIRES AND ROPES LTD.
EDATHALA P.O, ALUVA 683561,
REPRESENTED BY ITS AUTHORISED SIGNATORY,
SHRI M. JAYARAJAN AGM
2 SREE GOKULAM INFRA STRUCTURE PVT LTD,
SREE GOKULAM TOWER, ARCOT ROAD,
CHENNAI 600 024
REPRESENTED BY ITS AUTHORISED SIGNATORY,
SHRI M. JAYARAJAN,A GM
BY ADVS.
SRI.DEEPU THANKAN
SMT.UMMUL FIDA
SMT.LAKSHMI SREEDHAR
RESPONDENT/RESPONDENT:
GOPINATH P.R.
S/O. K. RAMANKUTTY MENON,
SREERAGAM, V.P MARACKAR ROAD,
EDAPPALLY NORTH P.O, ERNAKULAM 682 024
BY ADV.
SRI.K.A.HASAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
04.01.2021, ALONG WITH W.A.NO.1777/2020 AND W.A.NO.1768/2022 THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.Nos.1768, 1777 & 1781 OF 2020
4
ALEXANDER THOMAS & T.R.RAVI, JJ.
=======================
W.A Nos. 1768, 1777 & 1781 of 2020
=======================
Dated this the 04th day of January, 2021
COMMON JUDGMENT
ALEXANDER THOMAS, J.
Heard Sri.Deepu Thankan, the learned counsel for the
appelleants and Sri.K.A. Hazan, the learned counsel appearing for
the respondent workmen in these cases. It is now appraised to this
Court by both sides as the matter in issue that the above said writ
appeals are arisen out of the common judgment rendered by the
Court in various writ petitions including the present writ appeals,
and that the Division Bench of this Court has already rendered
judgment dated 23.11.2020 in W.A.No.1506/2020 (arising out of
W.P.(C)No.13679/2020), mainly upholding the judgment of
learned single Judge in the above W.P(C)s but only reducing the
rate of interest from 9% to 7% etc., and that the matter in issue is
covered by the said Division Bench judgment dated 23.11.2020,
rendered in W.A.No.1506/2020 etc. The judgment of the Division
Bench of this Court rendered on 23.11.2020 in W.A.No.1506/2020
WA.Nos.1768, 1777 & 1781 OF 2020
reads as follows:
"The appeal has been filed by the petitioner in W.P.(C)
No.13679/2020. In fact, this is the first case in the batch of writ
petitions, that came to be decided by the learned single Judge.
The writ petitions were filed challenging an order passed by
the Labour Court in a batch of claim petitions under Section
33C(2) of the Industrial Disputes Act, 1947 [for short, 'ID Act'].
The workmen were persons who had retired from the service of
the first appellant Company prior to 31.12.2010. An agreement
came to be executed between the Union and the Management
agreeing to settle the dues due to those persons, who were
superannuated prior to 31.12.2010 and also who were on the
rolls of the Company as on 31.12.2010. The company was
initially wound up, but later this Court had recalled the
winding up order. disposing of the Company Petitions, While
several claims were made by the workmen, who were
superannuated prior to 31.12.2010. However, on account of the
dispute raised, they were permitted to move the appropriate
forum for adjudication of their claims. Pursuant to the said
direction in Company Appeal Nos.7 and 8 of 2017, the
workmen had preferred the claim before the Labour Court
under Section 33C(2) of claims, the Act, 1947. Tribunal After
adjudicating the respective allowed claim nos.II and III and
directed the Management to pay interest on the said claims at
9% p.a. These batch of cases came to be impugned before the
learned single Judge. The award of claim No. II was partly
modified by the learned single Judge, restricting it to the extent
of grant of bonus at `2,500/-. Claim No.III was upheld.
2. The learned counsel appearing for the appellant
submits that the claim was not at all justifiable insofar as the
Labour court did not have jurisdiction to entertain a claim
with reference to a disputed amount. According to the learned
counsel, the amount legally due to a retired employee had been
paid and what had been claimed by them was in excess of their
legal entitlement, as per the settlement arrived between the
workmen and the Management. Specific reference was made
to clause B of the memorandum of settlement dated 28.02.2011,
which reads as under: "B.The Workmen will be paid 1.25
months salary and DA for every completed year of service till
31.12.2010."
The above clause according to the Management was
applicable only to those workmen, who were eligible for the VR
scheme. However, the Tribunal came to a finding that the said
claim, which forms part of the settlement with the workmen,
was applicable to the workmen who have retired prior to
WA.Nos.1768, 1777 & 1781 OF 2020
31.12.2010 as well. The learned single Judge also concurred
with the aforesaid view in the light of the fact that a fact
finding authority had already taken a decision based on
appreciation of facts and evidence placed on record, as rightly
observed by the learned single Judge, there is no reason for
this Court to interfere with the said factual findings. Therefore,
we do not think it necessary for us to interfere with the finding
of the Labour court to the extent concurred by the learned
single Judge.
3. The learned counsel for the appellant would
submit that the liability to pay such huge amounts had arisen
on account of the rate of interest that was made applicable
from the date of settlement. Apparently, when there is delay on
the part of the Management in paying the amount, which is
found to be legally due to the workmen, necessarily interest
has to be paid. The Tribunal felt that 9% interest on the
amounts payable will be justified. However, taking into
account the overall facts and circumstances and the fact that
for a long period of time, the company was wound up and a
new Management had taken over, it will be appropriate that
the interest is reduced to 7% p.a. We are of the view that 7%
interest will be justified enough to compensate the delay in
paying the amounts. In the result, we dispose of this writ
appeal as under :
i. The order of the Labour Court granting 9%
interest shall stand reduced to 7% p.a.
ii. The Management shall pay the amounts due, as
directed by the learned single Judge after recomputing the
aforesaid interest, as expeditiously as possible. "
Accordingly, it is ordered that these writ appeals will also
stand covered by the directions and orders already issued by this
Court in judgment dated 23.11.2020 in W.A.No.1506/2020. In
other words these writ appeals will be regulated with the following
orders
i. The order of the Labour Court granting 9% interest
WA.Nos.1768, 1777 & 1781 OF 2020
shall stand reduced to 7% p.a.
ii. The management shall pay the due amounts, as
directed by the learned single Judge after recomputing the
aforesaid interest, as expeditiously as possible.
With these observations and directions, these writ appeals
will stand disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
T.R.RAVI
JUDGE
VPK
