Kerala High Court

K.Ramachandran Pillai vs Regional Provident Fund Commissioner on 28 June, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
        FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                       WP(C) NO. 19747 OF 2016
PETITIONERS:


    1      K.RAMACHANDRAN PILLAI
           S/O KUNJAN PILLAI, AGED 65 YEARS, RESIDING AT KRISHNA
           NIVAS (H), CHEKKATTUMUKKU, CHAVARA P.O, KOLLAM 691 583
    2      T.K. SUKUMARAN
           THOKALADIYIL (H), AMBALAMEDU P.O, PIN 682 303,
           ERNAKULAM DISTRICT.
    3      K.G. NARAYANAN NAIR
           KATTOKKARA (HOUSE), AMBALAMEDU P.O, PIN 682 303,
           ERNAKULAM DISTRICT
    4      M.K. SHULAPANY
           INDRA BHAVAN (H), PERINGALA P.O, PIN 683 565, ERNAKULAM
           DISTRICT.
    5      K. VELAYUDHAN
           KARIAMTHURUTH (H), KARIMUGAL NAIR COLONY, PUTHENCRUZ
           P.O, PIN 682 308, ERNAKULAM DISTRICT.
    6      P. CHANDRAN
           PACHAT (H), BANK ROAD, KADALUNDY P.O, PIN 673 302
           BY ADVS.
           SRI.D.KRISHNA PRASAD
           SMT.MINI V.MENON
           SMT.S.SANTHY
           SRI.P.VISHNU PRASAD
RESPONDENTS:


    1      REGIONAL PROVIDENT FUND COMMISSIONER
           36/685 A, BHAVISHYA NIDHI BHAVAN, P.B NO 1895, KALOOR,
           KOCHI 682 016, ERNAKULAM DISTRICT, KERALA
    2      THE CENTRAL PROVIDENT FUND COMMISSIONER
           BHAVISHYA NIDHI BHAVAN 14, BHIKAIJI CAMA PLACE, NEW
           DELHI 110 666
    3      THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD
           REPRESENTED BY ITS MANAGING DIRECTOR, UDYOGAMANDAL 683
           501
           BY ADVS.
           SRI.N.N.SUGUNAPALAN (SR.)
           SRI.P.BENNY THOMAS
 W.P(C) No.19747 of 2016
                                 2

            SRI.M.GOPIKRISHNAN NAMBIAR
            SRI.K.JOHN MATHAI
            SRI.JOSON MANAVALAN
            SRI.KURYAN THOMAS
            SRI.JAIMOHAN

            SMT.NITA N.S-SC
     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.19747 of 2016
                                3


                          JUDGMENT

Dated this the 28th day of June, 2024

The petitioners are retired employees of the

Fertilizers and Chemicals Travancore Ltd. All

petitioners stood retired before 01.08.2008. A

settlement was arrived between the trade unions

and the management of the 3rd respondent in

respect of the pay revision and other matters

under Section12(3) of the Industrial Disputes Act,

1947, on 14.08.2010 before the Regional Labour

Commissioner (Central) Cochin. The terms of the

settlement agreement would suggest that the

settlement was for a period of ten years with

effect from 01.01.2007 to 31.12.2016. However,

in case the tenure of pay revision for managerial

employees in the company became operative for

any period less than ten years, the settlement will

also be operative for the same period but in any

case not less than five years. Clause 5.5 of the

settlement agreement provided that the payment

of revised wages (Basic pay and DA) and

applicable contribution to PF on the basis of the

revised pay would be made with effect from

01.08.2008. Thus, in terms of clause 5.5, the

employer was required to make contribution in

the PF schemes etc, with effect from 01.08.2008.

2. Clause 20 of the settlement agreement

provided that the payment of arrears of basic pay

and DA and statutory benefits of PF and annual

bonus on account of the wage revision in

pursuance to the settlement agreement for the

period from 01.01.2007 to 31.07.2008 would be

reviewed by the management/Government based

on the company's financial position and its other

liabilities towards the employees after each

financial year after finalisation of accounts. The

first review would be after the financial year

ending 31.03.2011.

3. The life of the agreement came into an end

on 31.12.2016.

4. The learned counsel for the respondent

submits that the company did not make any profit

till the enforcement of the settlement

agreement, and there is no question of payment if

arrears from 01.01.2007 to 31.07.2008 inasmuch

as the payment of arrears for the said period was

subject to the financial health of the company.

5. It was further submitted that the

settlement agreement was binding on the

management as well as the employees/workmen.

Learned counsel for the respondent also submits

that, even if the settlement agreement

contemplated for payment of arrears as a result

of pay revision in terms of the settlement

agreement, for enforcement of the settlement

agreement, the writ cannot be filed.

6. Petitioners instead of approaching the

authorities under the Industrial Disputes Act,

have knocked the door of this Court by filing this

writ petition.

7. The writ jurisdiction cannot be invoked to

enforce an agreement entered into between the

parties regarding revision of pay etc, of the

employees working in the management of the 3 rd

respondent. Even otherwise, when the facts are

not in dispute that the payment of arrears as a

result of revision of pay in terms of the

settlement agreement for 01.01.2007 to

31.07.2008 was subject to the financial health of

the company, and as per the learned counsel for

the respondent the financial health of the

company did not improve till the life of the

agreement, the petitioners are not entitled for

the arrears of pay.

8. In view thereof, I do not find that the

impugned communications in Exts.P4, P4(a),

P4(b), P4(c), P4(d), P4(c), P4(d), P4(e) are against

the terms of the settlement agreement. Thus, the

writ petition is dismissed on the ground of

maintainability as well as on merit.

Sd/-

DINESH KUMAR SINGH

JUDGE AP

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SETTLEMENT ARRIVED AT BETWEEN THE MANAGEMENT OF THE 3RD RESPONDENT COMPANY AND THE UNIONS REPRESENTING THE WORKMEN DATED 14-08-2010 EXHIBIT P2 TRUE COPY OF THE LETTER SENT DATED 17-07- 2014 SENT BY THE 1ST PETITIONER TO THE 3RD RESPONDENT COMPANY CLAIMING ARREARS AND PENSIONARY BENEFITS EXHIBIT P2(A) TRUE COPY OF THE REMINDER LETTER DATED 05- 08-2014 BY THE 1ST PETITIONER TO THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE CLAIM LETTER DATED 29-09- 2014 SENT BY THE PETITIONER 2 TO 5 JOINTLY TO THE 3RD RESPONDENT COMPANY CLAIMING ARREARS AND PENSIONARY BENEFITS EXHIBIT P3(A) TRUE COPY OF A CLAIM LETTER DATED 01-10- 2014 SENT BY THE 6TH PETITIONER TO THE 3RD RESPONDENT COMPANY CLAIMING ARREARS AND PENSIONARY BENEFITS EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT COMPANY DATED 25-08-2014 EXHIBIT P4(A) TRUE COPY OF THE PROCEEDINGS DATED 25-02- 2015 IN RESPONSE TO EXHIBIT P3 BY THE 3RD RESPONDENT COMPANY SENT TO THE 2ND PETITIONER EXHIBIT P4(B) TRUE COPY OF THE PROCEEDINGS DATED 25-02- 2015 IN RESPONSE TO EXHIBIT P3 BY THE 3RD RESPONDENT COMPANY SENT TO THE 3RD PETITIONER EXHIBIT P4(C) TRUE COPY OF THE PROCEEDINGS DATED 25-02- 2015 IN RESPONSE TO EXHIBIT P3 BY THE 3RD RESPONDENT COMPANY SENT TO THE 4TH PETITIONER EXHIBIT P4(D) TRUE COPY OF THE PROCEEDINGS DATED 25-02- 2015 IN RESPONSE TO EXHIBIT P3 BY THE 3RD RESPONDENT COMPANY SENT TO THE 5TH PETITIONER EXHIBIT P4(E) TRUE COPY OF THE PROCEEDINGS DATED 16-10- 2014 IN RESPONSE TO EXHIBIT P3 BY THE 3RD RESPONDENT COMPANY SENT TO THE 6TH PETITIONER.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 18-09-2014

SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDENT CLAIMING REVISED PENSION EXHIBIT P5(A) TRUE COPY OF THE LETTER DATED 20-01-2015 SEND BY PETITIONERS 2 TO 5 JOINTLY TO THE 1ST RESPONDENT CLAIMING REVISED PENSION EXHIBIT P5(B) TRUE COPY OF THE LETTER DATED 22-01-2015 SEND BY 6TH PETITIONER JOINTLY TO THE 1ST RESPONDENT CLAIMING REVISED PENSION EXHIBIT P5(C) TRUE COPY OF THE REMINDERLETTER DATED 12- 04-2016 SENT BY PETITIONERS 2 TO 6 TO THE 1ST RESPONDENT CLAIMING REVISED PENSION EXHIBIT P6 TRUE COPY OF THE OR5DER 01-12-2014 SENT BY THE 1ST RESPONDENT TO THE 1ST PETITIONER EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO 10162 OF 2012 DATED 15-02-2013 EXHIBIT P8 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO 18418 OF 2013 DATED 29-08-2013 EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT IN FURTHERANCE OF EXHIBIT P11 AND P12 JUDGMENT DATED 19-09-2013 OBTAINED THROUGH RIGHT TO INFORMATION ACT.