Kerala High Court
B.Thilak vs Principal Secretary on 24 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA,
1943
WP(C) NO. 23624 OF 2015
PETITIONERS:
1 B.THILAK
AGED 58 YEARS
'THEERTHAM', KALAKKODE P.O., POOTHAKULAM, KOLLAM.
2 M.SALAHUDEEN
'ROSE VILLA', AVANAVANCHERRY P.O., ATTINGAL.
3 N.M.SALIM
'KABEES', VADAKKEVILA P.O., PALLIMUKKU, KOLLAM.
4 UNNIKRISHNAN NAIR
'ANJALI', 27, TKM NAGAR, T.K.M.C. P.O., KOLLAM.
5 C.H.KARUNAKARAN
'KALHARAM', PUTHUPPANAM P.O., VADAKARA.
6 MARIAMMA GEORGE
'KOIKKAL', MUNDAKKAL P.O., KOLLAM.
7 MOHANA CHANDRAN NAIR
'MOHANA NIVAS', DAVI NAGAR, VALLAKKADAVU P.O.,
THIRUVANANTHAPURAM.
8 P.V.DEVASSY
PAINEDATHU HOUSE, CHUNDAL P.O., WAYANAD.
BY ADVS.
SRI.N.DHARMADAN (SR.)
SMT.D.P.RENU
RESPONDENTS:
1 PRINCIPAL SECRETARY
INDUSTRIES(H)DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
WPC NO.23624 OF 2015
2
2 THE UNITED ELECTRICAL INDUSTRIES LTD.
PALLIMUKKU, VADAKKEVILA, KOLLAM,
REPRESENTED BY THE MANAGING DIRECTOR,
PIN-691 010.
BY ADVS.
SMT.PARVATHY KOTTOL, GP
SRI. THOUFEEK AHAMED, SC
SRI.K.SUBASH CHANDRA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC NO.23624 OF 2015
3
JUDGMENT
Dated this the 24th day of November, 2021
The petitioners are the retired employees of the
second respondent company. The Director Board of
the Company decided on 04.07.2014 to pay the
entire arrears due to retired employees of the
Company. Ext.P3 Government Order G.O.M.S.
No.68/2011/ID dated 01.03.2011 was issued.
Since the amounts were not paid, a lawyer notice
was sent, a copy of which is produced as Ext.P5.
Since it was neither replied nor the amounts paid,
the petitioners have approached this Court seeking
reliefs.
2. The second respondent has filed a detailed
counter affidavit traversing the various allegations
in the petition. However, in paragraph 6 it was
stated that second respondent has not been
denying or delaying the arrears due to the
WPC NO.23624 OF 2015
petitioners. The second respondent is ready to pay
the amount due to the petitioners as and when the
financial position of the Company improves.
3. Reply affidavit was filed. In the reply, it
was contended that the second respondent
Company was performing procurement, processing
of assets, promotion of products and allowing
incentive to its employees. The Company was
paying more than Rs.10,00,000/- (Rupees Ten lakh
only) every month as salary to its employees and
those details are reflected in the Annual Report of
the Company. The sales turnover details were also
furnished to support it. It was also stated that the
Company has already paid the salary arrears of the
workmen whose salary was revised along with that
of the officers up to 01.07.2006. But the same has
not been paid to the petitioners despite availability
of sufficient funds.
4. It is evident that regarding the
WPC NO.23624 OF 2015
entitlement and the quantum of amount payable to
the petitioners, there seems to be no serious
dispute. The only defense set up by the second
respondent was that the financial situation was not
conducive for making the payment. The time limit
within which they propose to make the payment is
not clear from the records.
5. However, in the light of obligations of the
second respondent to make payment, which is long
over due, I am inclined to allow the writ petition
directing the second respondent to pay the entire
arrears due to the petitioners, as expeditiously as
possible, at any rate, within a period of six months,
subject to the condition that one half of the arrears
payable to each of the petitioners shall be paid
within three months from the date of receipt of a
copy of this judgment and the remaining one half
within three months thereafter. However, it is made
clear that, if the first installment of arrears is
WPC NO.23624 OF 2015
defaulted, this benefit will be lost and the
petitioners will be entitled to recover the entire
amount due.
The Writ Petition is accordingly disposed of.
Sd/-
SUNIL THOMAS
JUDGE
SKP/24-11
WPC NO.23624 OF 2015
APPENDIX OF WP(C) 23624/2015
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF JUDGMENT IN WPC
NO.8922/2013 DTD.24.10.2013 OF THIS
HON'BLE COURT.
EXHIBIT P2 TRUE COPY OF REPRESENTATION
DTD.15.4.2013 BY PETITIONERS 4,5 AND 7
BEFORE THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF GOVERNMENT ORDER,
GO(MS)NO.68/2011/ID DTD.1.3.2011.
EXHIBIT P4 TRUE COPY OF RECEIPT DTD.24.4.2015
ISSUED BY 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF LAWYERS NOTICE
DTD.11.3.2015 BY PETITIONERS' LAWYER TO
2ND RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(a) TRUE COPY OF THE EXTRACT OF MINUTES OF
BOARD OF DIRECTORS MEETING OF THE 2ND
RESPONDENT HELD ON 21-03-2013
TRUE COPY
P.A.TO JUDGE
