IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WA.No. 1203 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN I.A.NO.11131/11 IN WPC.12514/2010 Dated 19/07/2011 .................... APPELLANT(S): PETITIONER IN I.A. -------------------------------- KERALA STATE WAREHOUSING CORPORATION, HEAD OFFICE, ERNAKULAM, WAREHOUSING CORPORATION ROAD, P.B.NO.1727, KOCHI - 16, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.E.K.NANDAKUMAR,SC FO R K.S.W.C. SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENT(S): RESPONDENTS -------------------------- 1. RAJENDRAN UNNITHAN.S.,(RETIRED REGIONAL MANAGER, KERALA STATE WAREHOUSING CORPORATION, THIRUVANANTHAPURAM), "SARAS", KARIYODE, CHADAYAMANGALAM P.O., KOLLAM - 691 534. 2. K.ABDUL LATHEEF, (RETIRED GENERAL MANAGER, KERALA STATE WAREHOUSING CORPORATION, COCHIN - 16), 'KALLINGALAKATH', K.K.ROAD, KOTT, TIRUR - 676101. 3. K.PARAMESWARAN NAIR, (RETIRED GODOWN KEEPER (HG), STATE WAREHOUSE, KERALA STATE WAREHOUSING CORPORATION, "DEVI BHAVAN", VENKODE, ARAMADA P.O., THIRUVANANTHAPURAM - 695032. 4. T.SASIDHARAN PILLAY (RETIRED CLASS-IV EMPLOYEE, STATE WAREHOUSE, KERALA STATE WAREHOUSING CORPORATION, KOLLAM), KOCHUVEETTIL KIZHAKKATHIL, PRAYAR NORTH, PRAYAR P.O., PIN - 690547. W.A.NO.1203/2011 5. SREEKUMAR V., (RETIRED JOINT MANAGER, KERALA STATE WAREHOUSING CORPORATION, COCHIN - 16), 'SARANYA', KADUNGALLOOR ROAD, THOTTAKKATTUKARA P.O., ALUVA - 683108. 6. M.GOWRIDAS (RETIRED JOINT MANAGER, KERALA STATE WAREHOUSING CORPORATION, COCHIN - 16), "PRASANTHI", PERUMBILAVIL ROAD, GURUVAYUR, THRISSUR DIST., PIN - 680101. *ADDL.R7 THE STATE OF KEARLA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1 . *(IMPLEADED ADDITIONAL 7TH RESPONDENT AS PER ORDER DATED 25/08/2011 IN I.A.NO.625/11) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.NO.1203/2011 APPENDIX APPELLANT'S EXHIBITS ANNEXURE-1 : COPY OF RESOLUTION OF THE BOARD OF DIRECTORS, NO.2525 DATED 15/03/2006. ANNEXURE-2 : COPY OF ORDER OF THE STATE GOVERNMENT DATED 17/07/2006. ANNEXURE-3 : COPY OF JUDGMENT IN ONE OF THE WRIT APPEALS W.A.NO.1909/2007. ANNEXURE-4 : COPY OF WP(C) NO.12514/2010 WITH EXHIBITS. ANNEXURE-5 : COPY OF INTERIM ORDER DATED 17/06/2010. ANNEXURE-6 : COPY OF ORDER IN I.A.NO.9635/10 DATED 16/07/2010. ANNEXURE-7 : COPY OF ORDER OF THE GOVERNMENT DATED 26/02/2011. ANNEXURE-8 : COPY OF I.A.NO.5409/2011 LESS ANNEXURES. ANNEXURE-9 : COPY OF JUDGMENT DATED 28/03/2011 IN WP(C) NO.12514/2010. ANNEXURE-10 : COPY OF LETTER DATED 27/04/2011 SENT BY THE CORPORATION TO THE SECRETARY TO GOVERNMENT, AGRICULTURAL (PU) DEPARTMENT. ANNEXURE-11 : COPY OF I.A.NO.11131/2011 LESS ANNEXURES IN WP(C) NO.12514/2010 FILED ON 04/07/2011. ANNEXURE-11(A) : COPY OF COUNTER AFFIDAVIT FILED BY THE RESPONDENTS/RESPONDENTS I.A.NO.11131/2011 WITH EXHIBITS. ANNEXURE-11(B) : COPY OF REPLY FILED BY THE PETITIONER/RESPONDENT IN I.A.NO.11131/2011. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, Ag. CJ & P.S.GOPINATHAN, J. ---------------------------------- W.A. No.1203 of 2011 --------------------------------- Dated, this the 11th day of October, 2011 J U D G M E N T Ramachandran Nair, Ag.CJ. Heard the learned counsel for the appellant and learned counsel appearing for the respondents. 2. There is no dispute with regard to the entitlement for arrears payable to the employees, namely the respondents and certain others whose services are extended by the appellant. The prayer is only for time for payment. Having regard to the financial constraints expressed by the appellant, which is a Government concern, we grant time for payment till 31/12/2011. This Writ Appeal is disposed of as above. C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE P.S.GOPINATHAN, JUDGE jg