Jagadeesh C.S vs The Secretary
2022 Latest Caselaw 7795 Ker

                  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.
           Tuesday, the 28th day of June 2022 / 7th Ashadha, 1944
                             WA NO. 632 OF 2022

    AGAINST JUDGMENT DATED 24/03/2022 IN WP(C) 7781/2021 OF THIS COURT

APPELLANT/PETITIONER IN WP(C):

     JAGADEESH C.S., AGED 45 YEARS, S/O. SIDHARTHAN NAIR, CHOORAPILAKKAL,
     ELATHUR, KOZHIKODE-673 303.

BY ADV.SRI. P.RAMAKRISHNAN

RESPONDENTS/RESPONDENTS IN WP(C):

  1. THE SECRETARY, M/S. KARANNUR SERVICE CO-OPERATIVE BANK, ELATHUR,
     KOZHIKODE-673 303.

AND ANOTHER.

BY ADV.SRI. P.P.JACOB FOR R1

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay operation of the judgment passed by the Learned Single Judge dated
24/03/2022 in W.P.(C) No.7781 of 2021.
     This Writ Appeal again coming on for orders along with connected
case on 28/06/2022 upon perusing the appeal memorandum and this court's
order dated 15/06/2022, the court on the same day passed the following:

                                                                    P.T.O.
              A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ.
                -----------------------------------------
                            W.A. Nos.632 & 634 of 2022
                -----------------------------------------
                        Dated this the 28th day of June, 2022

                                       ORDER

A.K.Jayasankaran Nambiar, J.

Through an affidavit filed by the 1st respondent pursuant to our

direction dated 15.06.2022, it is brought to our notice that pursuant to

the reinstatement of the workman, he is being paid pay and allowances

based on the pay scale that was existing in the past and not as per the

current pay scale applicable to similar workman. We find this to be in

gross disregard of the direction of this Court to reinstate the workman.

When reinstatement is ordered with full pay and allowances, we would

have expected the respondent employer to not only forthwith reinstate

the workman in service but also pay him the salary and allowances based

on the pay scale that is currently existing and on the basis of which

payments are effected to other similar workman. Inasmuch as this is not

being done, we direct the respondent employer to forthwith disburse the

pay and allowances together with arrears based on the pay scales as

applicable from time to time to the appellant workman and report

compliance before this Court within 10 days.

Post on 08.07.2022.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P.

JUDGE mns

28-06-2022 /True Copy/ Assistant Registrar