IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WA.No. 1978 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29914/2006 Dated 27/06/2008 .................... APPELLANT (PETITIONER IN THE WRIT PETITION): ---------------------------------------------------------------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRASPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS DEPUTY LAW OFFICER, SRI.RANJITH JOSEPH. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. RESPONDENT (RESPONDENT IN THE WRIT PETITION): --------------------------------------------------------------------------------- SRI.M.SASIDHARAN, RETIRED COACH BUILDER, KSRTC, CENTRAL WORKS, PAPPANAMCODE, RESIDING AT SREEJA NIVAS, KARUMANOOR, PARASALA P.O., NEYYATINKARA TALUK, THIRUVANANTHAPURAM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/09/2008 ALONG WITH W.A.NO.1979 OF 2008 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- W.A.Nos.1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985 & 1986 of 2008 ------------------------------------- Dated 30th September, 2008 JUDGMENT Koshy,J . Respondents are retired employees of the appellant Kerala State Road Transport Corporation (KSRTC). They approached the Lok Ayuktha on the contention that their provident fund dues are not paid so far. The Lok Ayuktha directed to pay the provident fund arrears within two months. Learned single Judge did not interfere with the above order, but, the writ petitions were disposed of making it clear that the KSRTC shall disburse the pay revision arrears at least before the finalisation of the fresh agreement between the KSRTC and its employees. The pay revision arrears also were merged in the provident fund account as per the settlement. There is no justification for non-payment of provident fund due to the employees. According to the learned Judge, no new pay revision shall be entered until the arrears are paid. In a similar writ appeal (by judgment dated 5th September, 2008 in W.A.No.1845 of 2008), we have held as follows: “However, we make a rider that petitioners can enter into a new settlement but that shall not be implemented before the entire arrears on the basis of settlement are paid to the retired employees.” W.A.1978/2008 & connected cases 2 We make the same condition here also and without paying the provident fund arrears, no benefit of new settlement can be granted to any other existing employees. All the appeals are disposed of accordingly. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks