M.J. Varghese vs Telk (Transformers And ...
2022 Latest Caselaw 628 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
         FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                           WP(C) NO. 29645 OF 2021
PETITIONERS:

     1      M.J. VARGHESE
            AGED 59 YEARS,
            S/O. JOSEPH, MADATHUMKUDY HOUSE, MEKKAD P.O., PIN 683 573

     2      A.CHANDRAN
            AGED 58 YEARS
            S/O.AMBU, ALATTU HOUSE, NN-396, ANGAMALY SOUTH, PIN 683 573

     3      K.K.GANGADHARAN
            EMPLOYEE, TELK, ANGAMALY, PIN 683 573

     4      V.P.MURALEEDHARAN
            EMPLOYEE, TELK, ANGAMALY, PIN 683 573

     5      P.C.JAYAPRAKASH
            EMPLOYEE, TELK, ANGAMALY, PIN 683 573

     6      K.R.JAYAKUMAR
            EMPLOYEE, TELK, ANGAMALY, PIN 683 573

     7      K.SIBI JOSE
            EMPLOYEE, TELK, ANGAMALY, PIN 683 573

     8      N.N.RAJAPPAN
            EMPLOYEE, TELK, ANGAMALY, PIN 683 573

     9      K.V. RAJEEV,
            EMPLOYEE, TELK, ANGAMALY, PIN-683 573

    10      ISMAIL ARAPPANI
            EMPLOYEE, TELK, ANGAMALY, PIN 683 573

    11      K.A.SIDHIQUE
            EMPLOYEE, TELK, ANGAMALY, PIN 683 573

    12      J.BERNARD
            EMPLOYEE, TELK, ANGAMALY, PIN 683 573

    13      P.V.BASHEER
            EMPLOYEE, TELK, ANGAMALY, PIN 683 573

    14      ZAKKIR HUSSAIN M.K.
            EMPLOYEE, TELK, ANGAMALY, PIN 683 573
 WP(C) NO. 29645 OF 2021
                                          2




     15       K.T.SATHEESAN
              EMPLOYEE, TELK, ANGAMALY, PIN 683 573

     16       E.G.SHAJI
              EMPLOYEE, TELK, ANGAMALY, PIN 683 57316

              BY ADVS.
              SRI. SHERRY J. THOMAS
              SRI. JOEMON ANTONY

RESPONDENTS:

      1       TELK (TRANSFORMERS AND ELECTRICALS KERALA LTD)
              ANGAMALY SOUTH, ERNAKULAM DISTRICT, COCHIN, KERALA, INDIA
              PIN 683 573 REP.BY ITS MANAGING DIRECTOR

      2       GOVERNMENT OF KERALA
              INDUSTRIES DEPARTMENT, REP.BY ITS CHIEF SECRETARY,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 1

      3       T.V.MANOHARAN
              WORKING CHARGEMAN, TELK, ANGAMALY, PIN 683 573
              BY ADVS.
              SRI. VENUGOPAL. V, GOVERNMENT PLEADER
              SRI. SAJI VARGHESE T.G - STANDING COUNSEL FOR R1 & R3
              MARIAM MATHAI



      THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29645 OF 2021
                                               3




                                 JUDGMENT

Dated this the 14th day of January, 2022

The petitioners, some of whom have already

retired and some still in service of the first

respondent company, are aggrieved by the failure to

complete the proceedings for rounding off their basic

pay in order to cure the anomaly in pay, when

compared to the basic pay of the third respondent.

For the purpose, the petitioners had earlier filed a

representation and had followed it up with a writ

petition before this Court. By Ext.P7 judgment, the

writ petition was disposed of, directing the second

respondent to pass appropriate orders on the request

for rounding off, after affording an opportunity of

hearing to the petitioners. In terms of the direction,

the second respondent issued Ext.P7A notice and

conducted a hearing, but orders are yet to be

passed.

2. Learned Government Pleader, on instructions,

submitted that the petitioners were heard on WP(C) NO. 29645 OF 2021

30.12.2021 and orders will be passed within two

weeks. This is recorded.

The writ petition is disposed of, directing that

final orders pursuant to the hearing conducted on

30.12.2021 shall be passed without further delay and

in any event, before 10.02.2022. On such order being

passed, the same shall be communicated to the

petitioners.

Sd/-

V.G.ARUN

JUDGE NB/14-1 WP(C) NO. 29645 OF 2021

APPENDIX OF WP(C) 29645/2021

PETITIONERS' EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE SENIORITY LIST

EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 21.5.16 SUBMITTED TO THE REGIONAL LABOUR COMMISSIONER

EXHIBIT P3 COPY OF THE REPRESENTATION DATED 3.5.16 SUBMITTED TO MANAGING DIRECTOR OF 1ST RESPONDENT

EXHIBIT P4 THE OFFICE LETTER DATED 20.6.16 OF BY 1ST RESPONDENT

EXHIBIT P4(A) THE OFFICE ORDER NO.1513 DATED 20.6.16 OF 1ST RESPONDENT

EXHIBIT P5 TRUE COPY OF THE COVERING LETTER DATED 31.8.16 AND REPORT

EXHIBIT P6 THE TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 16.11.16

EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT IN WPC 35751/2018 DATED 14.2.2019

EXHIBIT P7(A) THE TRUE COPY OF THE LETTER DATED 4.6.2019 ISSUED FROM THE OFFICE OF THE PRINCIPAL SECRETARY TO GOVERNMENT TO THE PETITIONERS FOR PERSONAL HEARING WITH RELEVANT DOCUMENTS

RESPONDENTS' EXHIBITS: NIL

TRUE COPY P.A TO JUDGE