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.
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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:
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JUDGMENT
The petitioners concede that they have resigned from the services of the 1strespondent - 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 1strespondent, 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 1strespondent - 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
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afore raised by Smt.Latha Anand.
4. Even when I hear Smt.Latha Anand on the afore lines, the fact remains that 1strespondent 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 1strespondent - 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 1st 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 1strespondent, during the afore exercise. After I dictated this part of the judgment, Sri.A.Krishnan
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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 1st 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
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RESPONDENT EXHIBITS
EXHIBIT R1(a) TRUE COPY OF MEMORANDUM OF SETTLEMENT
DATED 11.1.2018 BETWEEN KMML AND
REPRESENTATIVES OF TRADE UNIONS
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