Sharafudheen B.K vs Kerala Minerals And Metals Ltd
2023 Latest Caselaw 8815 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                  WP(C) NO. 3526 OF 2020
PETITIONERS:

   1     SHARAFUDHEEN B.K.
         BEPUKARAN HOUSE, CHATHALLOOR P.O.,
         MALAPPURAM DISTRICT-676 541, JOINTED ON
         21.12.2015 AND RESIGNED ON 6.7.2017 AS
         JUNIOR ASSISTANT.
   2     ANEESH K.K,
         VASUDEVAM HOUSE, PODIKUNDU, PALLIKUNNU
         P.O.KANNUR-670004, JOINED ON 23.5.2015 AND
         RESIGNED ON 10.2.2017 AS JUNIOR TECHNITIAN.
   3     SMITHA N.K
         DEVARAGAM, NEAR GWLP SCHOOL, THAIKKADAPURAM
         P.O.NILESWAR VIA, KASARAGOD, JOINED ON 16.9.
         2011 AND RESIGNED ON 30.8.2017 AS JUNIOR
         ACCOUNTANT.
   4     LANEESH.M
         MOORIKKANAM HOUSE, KEEZHMALA, KOLLAMPARA
         P.O.NILESWAR VIA, KASARAGOD-671 314, JOINED ON
         19.5.2015 AND RESIGNED ON 29.5.2016 AS JUNIOR
         MAIL NURSE.
   5     GOMATHY N
         SREEPADMAM, T.C.64/865, KARUMOM
         P.O.THIRUVANANTHAPURAM-695 002, JOINED ON
         30.3.2015 AND RESIGNED ON 14.3.2017, AS JUNIOR
         ASSISTANT.
   6     MAYA.S,
         PUTHUVELIL VEEDU, KODUVILA P.O.EAST KALLADA,
         KOLLAM-691 502, JOINED ON 22.7.2015 AND RESIGNED
         ON 20.12.2017 AS JUNIOR ASSISTANT.
   7     VIPIN KUMAR V.P
         PUTHUVEEDU, MUHAMMA P.O.ALAPPUZHA-688 525,
         JOINED ON 25.3.2015 AND RESIGNED ON 23.11.2017
         AS JUNIOR TECHNITIAN.
 WPC NO.3526/2020
                            ..2..


    8     ANILKUMAR,
          NJARAKKOLLY HOUSE, KAMBLAKKAD POST,
          THERVADUKKUNNU, WYANAD-673 122, JOINED ON
          16.11.2011 AND RESIGNED ON 7.12.2013 AS JUNIOR
          ACCOUNTANT.
          BY ADV A.KRISHNAN


RESPONDENTS:

    1     KERALA MINERALS AND METALS LTD.,
          REPRESENTED BY MANAGING DIRECTOR,
          SANKARAMANGALAM, CHAVARA, KOLLAM-691 583.
    2     THE GENERAL MANAGER (P AND A),
          KERALA MINERALS AND METALS LTD, SANKARAMANGALAM,
          CHAVARA, KOLLAM-691 583.
    3     THE ASSISTANT GENERAL MANAGER,
          KERALA MINERALS AND METALS LTD,
          SANKARAMANGALAM, CHAVARA, KOLLAM-691 583.
    4     THE STATE OF KERALA,
          REPRESENTED BY THE SECRETARY, INDUSTRIES
          DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
          PIN-695 001.
          BY ADV SMT.LATHA ANAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WPC NO.3526/2020
                                ..3..



                           JUDGMENT

The petitioners concede that they have resigned from the

services of the 1st respondent - Kerala Minerals & Metals Ltd.

('Company' for short) on various dates; but that, in spite of the

same, they are entitled to arrears of salary, which they should

have received for the period they were in service, as per Ext.P2 -

Wage Revision Order. They allege that, even though they have

preferred Ext.P3 claim for this purpose before the 1 st respondent,

no action has been taken thereon; thus constraining them to

approach this Court through this writ petition.

2. In response to the afore submissions of the

petitioners, as made by their learned counsel - Sri.A.Krishnan, the

learned Standing Counsel for the 1st respondent - Smt.Latha

Anand, submitted that, even as per Ext.P2 Wage Revision Order,

the benefits therein would only be eligible only to persons who

were in service on the date on which it was issued. She argued

that, since the petitioners resigned from service much before,

they are not entitled to such benefits under the said order.

3. In reply, Sri.A.Krishnan submitted that, as is evident

from Ext.P4 produced by his clients, similarly placed persons

have already been given benefits, notwithstanding the objections WPC NO.3526/2020 ..4..

afore raised by Smt.Latha Anand.

4. Even when I hear Smt.Latha Anand on the afore lines,

the fact remains that 1st respondent has not officially approved or

declined the petitioners' request as made through Ext.P3. This is

crucial because, it is only based on the decision to be taken by

the 1st respondent - Company, can the petitioners obtain any

further cause of action, to invoke other remedies as may be

available to them.

In the afore circumstances, I order this writ petition to the

limited extent of directing the competent Authority of the 1 st

respondent, to take up Ext.P3 claims of the petitioners and

dispose it of, adverting to Exts.P4, P4(A) and all other germane

inputs and after affording each of them an opportunity of being

heard; thus culminating in an appropriate orders and necessary

action thereon, as expeditiously as is possible, but not later than

four months from the date of receipt of a copy of this judgment.

I clarify that I have not entered into the merits of any of the

rival contentions, including that which has been recorded above

at the instance of Smt.Latha Anand; and that all of them are left

open, to be impelled before and to be decided by the competent

Authority of the 1st respondent, during the afore exercise.

After I dictated this part of the judgment, Sri.A.Krishnan WPC NO.3526/2020 ..5..

submitted that petitioners 6 and 7 have not filed any

representation and that Ext.P3 does not cover them. He,

therefore, prayed that they be given an opportunity to make such

a representation. I am certain that this opportunity must be

given to the said petitioners, since I see no reason to deny it,

particularly when Smt.Latha Anand does not oppose it.

Resultantly, in order to pave way for the afore

consideration, I allow petitioners 6 and 7 to make their

representation/request before the competent Authority of the 1 st

respondent within a period of one week from the date of reciept

of a copy of this judgment, which will also be then dealt with as

ordered above.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN, JUDGE ACR WPC NO.3526/2020 ..6..

APPENDIX OF WP(C) 3526/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELIEVING LETTER, DATED 6.7.2017 ISSUED TO THE 1ST PETITIONER BY RESPONDENTS.

EXHIBIT P1 (A) TRUE COPY OF THE RELIEVING LETTER, DATED 10.2.2017 ISSUED TO THE 2ND PETITIONER BY RESPONDENTS.

EXHIBIT P1 (B) TRUE COPY OF THE RELIEVING LETTER, DATED 19.9.2017 ISSUED TO THE 3RD PETITIONER BY RESPONDENTS.

EXHIBIT P1 (C) TRUE COPY OF THE RELIEVING LETTER, DATED 29.2.2016 ISSUED TO THE 4TH PETITIONER BY RESPONDENTS.

EXHIBIT P1 (D) TRUE COPY OF THE RELIEVING LETTER, DATED 1.3.2017 ISSUED TO THE 5TH PETITIONER BY RESPONDENTS.

EXHIBIT P1 (E) TRUE COPY OF THE RELIEVING LETTER, DATED 7.12.2013 ISSUED TO THE 8TH PETITIONER BY RESPONDENTS.

EXHIBIT P2 WAGE REVISION ORDER GO(MS) NO 62/2019/ID ISSUED BY THE STATE OF KERALA, DATED 5.8.2019 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 26.8.2019 FILED BY THE 2ND PETITIONER EXHIBIT P3 (A) TRUE COPY OF THE REPRESENTATION DATED 29.8.2019 FILED BY THE 1ST PETITIONER EXHIBIT P3 (B) TRUE COPY OF THE REPRESENTATION DATED 2.9.2019 FILED BY THE 3RD PETITIONER EXHIBIT P3 (C) TRUE COPY OF THE REPRESENTATION DATED 29.8.2019 FILED BY THE 5TH PETITIONER EXHIBIT P3 (D) TRUE COPY OF THE REPRESENTATION DATED 29.8.2019 FILED BY THE 6TH PETITIONER EXHIBIT P3 (E) TRUE COPY OF THE REPRESENTATION DATED 30.8.2019 FILED BY THE 7TH PETITIONER EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 13/10/2020.

EXHIBIT P4(a): TRUE COPY OF REPLY DATED 30/10/2020. WPC NO.3526/2020 ..7..

RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF MEMORANDUM OF SETTLEMENT DATED 11.1.2018 BETWEEN KMML AND REPRESENTATIVES OF TRADE UNIONS