IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27627 of 2004(L) -------------------------- PETITIONER(S): --------------- 1. P.C.RAJAGOPALAN, “CHANDANAM”, CHERUVATHUKUNNU P.O. NILAMBUR, MALAPPURAM DISTRICT. 2. P.CHANDRAN, PARAMMAL HOUSE, RAMANATTUKARA P.O., KOZHIKODE DISTRICT. 3. V.K.VISWAMBHARAN, VELAMPARAMBIL, MANJUMMEL P.O. ERNAKULAM DISTRICT. 4. P.S.UNNIKRISHNAN PILLAI, 'NIRAMALA', NELLIPARAMBU, MANJERI, MALAPPURAM DISTRICT. 5. M.RAMACHANDRAN, 'AMBADI', 7/6, CHELANNUR, KOZHIKODE. 6. M.P.RAMESAN, VILAYIL PISHARAM, VILAYIL P.O., MALAPPURAM DISTRICT. BY ADV. SRI.DINESH R.SHENOY RESPONDENT(S): --------------- 1. THE KERALA STATE WOOD INDUSTRIES LTD., NILAMBOOR, MALAPPURAM DISTRICT REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.ARAVIND KUMAR BABU-R2 SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.C. NO. 27627 OF 2004 -------------------------------------------- Dated this the 6th day of October, 2009 JUDGMENT The petitioners are employees under the first respondent- company. They have approached this court seeking the following prayers: (a) A writ of mandamus or any other appropriate writ, order or directing the respondents to implement the Detailed Project Report prepared and accepted in respect of the 1st respondent company forthwith without any further delay. (b) A writ of mandamus or any other appropriate writ, order or direction directing the respondents to implement reasonable enhancement in the pay and allowances of the petitioners sufficient to enable the petitioners to maintain a reasonable standard of living during the period of implementation of the DPR. © A writ of mandamus or any other appropriate writ, order or direction directing the respondents to fill up the managerial posts lying vacant in the 1st respondent, covered by the DPR, by promoting the experienced and skilled personnel in the employee of the 1st respondent itself, without incurring additional expenditure for obtaining others on deputation. W.P.C No.27627 of 2004 2 2. When the matter was taken up for final hearing, Notice No.KESWIL/CMD/18/08-09 dated 06.02.2009 issued by the first respondent was brought to my notice. This notice was issued in terms of GO(MS) No.5/2009 F & WLD, Thiruvananthapuram, dated 31.1.2009 whereby the Government have accorded sanction for winding up of the first respondent- company and also to implement Voluntary Retirement Scheme to its employees. As per the said notice, all concerned were requested to give their option whether they want to avail VRS as per the order dated 31.1.2009 or for compensation as per provision under the Industrial Disputes Act. In view of the subsequent developments as revealed from the notice dated 06.02.2009, petitioners cannot now successfully pursue this writ petition. The only recourse, now, available to them is to avail of the benefits in terms of notice dated 06.02.2009. This Writ Petition is accordingly dismissed, but without prejudice to the rights of the petitioner to work out their remedies in terms of the said notice dated 6.2.2009. (C.T. RAVIKUMAR, JUDGE) spc C.T. RAVIKUMAR, J. CRL. M.C. NO. O R D E R 3rd June, 2009