IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 24892 of 2004(L) -------------------------- PETITIONER(S): --------------- 1. P.V.RAJU, S/O.P.J.VARGHESE, AGED 57, PLAMOOTTIL HOUSE, MROCK WELL ROAD, PALLILAMKARA, KALAMASSERY, SECTION P.M.D. ASSEMBLY (T.NO.3561). 2. LEELAMMA LAZAR, (WIDOW OF JOHN LAZAR), (T.NO.2756), SINDHU NIVAS, PALLILAMKARA, KALAMASSERRY. 3. ALEXANDER JOHN, S/O.V.M.JOHN, AGED 61 YEARS, VETTATHAZATHU HOUSE, B.T.S.ROAD, EDAPPALLY, COCHIN-24, SECTION MOTOR CRAFTMAN (T.NO.3515). 4. K.P.GEORGE, S/O.PATHROSE, AGED 60 YEARS, KILUTHATHIL HOUSE, VADAVUCODE P.O., KANGARAPPADY, SECTION GEARS (T.NO.3028). 5. LISSY BABY, WIDOW OF A.V.BABY, (T.NO. 3634), 48 YEARS, ANTHIKKAD HOUSE, PARINGAZHAKKARA, H.M.T.COLONY P.O., KALAMASSERY, PIN-683 503. SECTION P 261. 6. PADMAVATHY AMMA, WIDOW OF K.BALAKRISHNAN NAIR, (T.NO.1790), 54 YEARS, PIUTHENMADATHIL HOUSE, PERINGAZHA. H.M.T.COLONY P.O., KALAMASSERY - 683 503. SECTION - NON-ROUNDS 7. P.HARIDASAN, S/O.PARAMU.B., (T.NO.1540), 59 YEARS, DEPUTY ENGINEER, M.143, SECTION, GEETHA BHAVAN, PERINGAZHA, H.M.T.COLONY, KALAMASSERY. 8. APPUKUTTAN NAIR, S/O.MADHAVAN PILLA I, AGED 64 YEARS (T.NO.1703), HEMALAYAM, PERINGAZHA, H.M.T.COLONY P.O., KALAMASSERY, SECTION 256 GEARS. 9. T.KANNAPPAN, S/O.THAVAN, AGED 63 YEARS, (T.NO.3251), AMBAZHATHUPARAMBIL HOUSE, PALLILAMKARA KALAMASSERY, SECTION F 900 OPERATOR. 10. K.A.KUMARAN, S/O.KUNJAYAPPAN, AGED 58 YEARS (T.NO.3471), KOOKIKKATTU HOUSE, H.M.T.COLONY, KALAMASSERY, SECTION M-128, MATERIAL CUTTING. WPC NO.24892/2004 11. T.ARUMUGHAN, S/O.RAMASWAMY, AGED 65, (T.NO.1261), SECTION M-271 WORKER, SINDHU NIVAS, H.M.T.COLONY, KALAMASSERY. 12. V.P.RAVEENDRAN, S/O.KOCHUKUNJU PANICKER, AGED 62, T.NO.1106, SECTION M 271, STC ASSEMBLY WORKING SUPERVISOR, VELOOR HOUSE, H.M.T.COLONY, KALAMASSERY. 13. KURUMBAN AYYAPPAN, S/O.KURUMBAN, AGED 62, KUTTALATH HOUSE, H.M.T.COLONY, KALAMASSERY, T.NO.3247, VOLUNTARY SECTION - 0700. 14. S.KUTTAPPAN, S/O.SANKARAN, AGED 56 ARIMBARA HOUSE, H.M.T.COLONY P.O., KALAMASSERY, T.NO.3234, HANITARY HELPER, SECTION 0700. 15. T.A.AYYANKUNJU, S/O.CHATHAN, AGED 66, T.NO.2619, WORKER SECTION M.144 GROUP LEADER, H.M.T.COLONY, KALAMASSERY. 16. K.P.SUKUMARAN, S/O.KUNJUKUTTY, AGED M64 YEARS, KOCHUVALAPPIL HOUSE, H.M.T.COLONY P.O., T.NO.3115, SECTION M 143, INTERNAL TRANSPORT CRANE OPERATOR. 17. T.P.GANGADHARAN, S/O.P.KUNJUNNI, AGED 63 YEARS (T.NO.1481), NEELANJANAM HOUSE, VELOOR, ATHOLI P.O., KOZHIKODE SECTION M 256 MACHINE TOOLS. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- 1. THE CHAIRMAN & MANAGING DIRECTOR, H.M.T.LTD 59, BALLERI ROAD, BANGLORE - 32. 2. THE GENERAL MANAGER, PRINTING MACHNIERY DIVISION, H.M.T. LTD, KALAMASSERY. 3. THE GENERAL MANAGER, MACHINE TOOLS DIVISION, H.M.T.LIMITED, KALAMASSERY P.O. ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE FOR R1 TO 3 MR.SAJI VARGHESE, SC FOR HMT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24892/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF SETTLEMENT OF AGREEMENT EXECUTED BETWEEN THE REPRESENTATIVES OF THE EMPLOYEES OF THE RESPONDENT MANAGEMENT OF HMT LTD. ON WAGE REVISION DATED 23/04/1995. P2 : COPY OF WAGE REVISION ORDER BEARING NO.25/95 DATED 25/10/95. P3 : COPY OF JUDGMENT IN O.P.NO.12476/99 DATED 07/08/2002. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.24892 of 2004 (L) --------------------------------- Dated, this the 28th day of July, 2010 J U D G M E N T The petitioners are retired employees of the 1st respondent company. Their grievance is regarding non payment of arrears in terms of clauses 13.1 and 19 of Exts.P1 settlement of agreement & P2 order. 2. Learned Standing Counsel for the respondent Company submits that in a writ petition similar to this one, this Court had already issued directions for payment of arrears and that the Apex Court also confirmed the directions. It is stated that alleging non compliance of the directions of the Apex Court when contempt of court case was filed, the Company undertook before the Apex Court to set apart Rs.50,00,000/- each per every month for discharging the liability in respect of employees of all the six units of the Company. It is stated that accordingly the amount is being set apart, from out of which, depending upon the seniority on the basis of the date of retirement, amount is being paid. It is stated that on WP(C) No.24892/2004 -2- that basis payment has been made to those who retired upto 31/03/1999 and that out of the 17 petitioners in the writ petition, 11 of them have already been paid the amount. 3. Thus it is obvious that the Company is paying the amount as undertaken by it before the Apex Court. In view of the above, recording the above submission and directing that payment shall be made in the manner as is done now, this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) jg