Kerala High Court
Kerala State Warehousing ... vs Kerala State Warehousing ... on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Thursday, the 7th day of July 2022 / 16th Ashadha, 1944
W.A.NO. 134 OF 2021
AGAINST THE JUDGMENT DATED 01.07.2020 IN W.P.(C)NO.4550/2020 OF THIS COURT
APPELLANTS/PETITIONERS:
1. KERALA STATE WAREHOUSING CORPORATION PENSIONERS ASSOCIATION,
REPRESENTED BY ITS SECRETARY, SRI. CHANDRAKANTH, AGED 65 YEARS, S/O.
LATE T.K.NAIR, SITHARA, THYKOODAM, VYTTILA, ERNAKULAM
DISTRICT-682068.
(RTD.SR.ASSISTANT MANAGER OF KERALA STATE WAREHOUSING CORPORATION)
AND ANOTHER
BY ADVS. M/S. ELVIN PETER P.J., K.R.GANESH, KAIMAL PRIYA
PADMANABHA,SIDHARTH SUDHEER & GOURI BALAGOPAL
RESPONDENTS/RESPONDENTS:
1. KERALA STATE WAREHOUSING CORPORATION ,REPRESENTED BY ITS MANAGING
DIRECTOR, P B NO.1727, ERNAKULAM DISTRICT, KOCHI-682016.
AND 2 OTHERS
BY ADVS.SRI.MAJNU KOMATH FOR R1 & R2
SRI.BENNY .P.THOMAS FOR R3
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to set aside the judgment of the learned Single Judge dated 01.07.2020 in
W.P.(C)No.4550/2020, pending disposal of the Writ Appeal.
This Writ Appeal again coming on for orders along with connected
cases on 07.07.2022 upon perusing the appeal memorandum and this Court's
order dated 20.05.2022, the court on the same day passed the following:
[P.T.O.]
A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
----------------------------------------------
W.A.No.134 OF 2021, W.A.No.191 OF 2021,
W.A.No.1378 OF 2020 & W.A.No.1440 OF 2020
--------------------------
Dated this the 7th day of July, 2022
ORDER
A.K.JAYASANKARAN NAMBIAR,J
After hearing these matters for some time, we find that a resolution
of the dispute in these cases would ultimately depend upon the viability of
the pension fund created under the Kerala State Warehousing Employees
(Pension and Other Retirement benefits) Regulations, 1998. The retired
employees, who are the litigants in these cases, are 20 in number, and
based on the judgments that have been rendered in their favour, they stand
entitled to pensionary benefits calculated based on the revised pay that
they received at the time of retirement from the Corporation, without
subjecting the said pension amount to any ceiling provision that was
subsequently notified by the Government on 27.12.1999. The Kerala State
Warehousing Corporation (KSWC) now finds itself in a precarious position
whereby disbursing the pensionary benefits as above to the pensioners
before us, would likely deplete the very fund created for the purposes of the
regulations. In that event, not only the pensioners before us but also future
pensioners would be prejudicially affected, since there would not be any
fund remaining, from which a disbursal of pension can be effected.
2. On noting the said predicament, we sought the opinion of
Sri.Renjith Thampan, the learned Senior counsel appearing for the KSWC
W.A.Nos.134 OF 2021 & con.cases
and Sri. Elvin Peter, the learned counsel appearing for the pensioners before
us, as regards exploring an option of conducting an actuarial valuation by an
independent valuer and obtaining a correct picture with regard to the fund
position as of today. This, in our view, would assist us in arriving at a pension
figure that would be acceptable to the pensioners before us, while at the
same time ensuring that the disbursal of pension would not result in a
depletion of the fund and enable its operation for the benefit of future
pensioners. The learned counsel agreed to explore the said possibility and
also to submit a panel of names of approved actuarial valuers before this
Court within 10 days.
Post on 18.07.2022 for the learned counsel to submit the names afore
mentioned.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
AJ/07.07.2022
07-07-2022 /True Copy/ Assistant Registrar
