IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 26713 of 2004(E) ------------------------------------- PETITIONERS: ------------------- 1. MADHAVAN KUTTY NAIR (EX.T.NO.2119, MANAGER, ACCOUNTS, HMT IV),`USHUS', V.P. MARAKKAR ROAD, TOLL JUNCTION, EDAPPALLY, KOCHI-682 024. 2. K.K.VENKATESWARA PAI (EX.T.NO.3191, PURCHASE OFFICER, HMT IV),AP/255-B, GEETHA QUARTERS, MAHE RAILWAY STATION ROAD, AZHIYOOR P.O. 677 309, MAHE. 3. THOMAS PHILIP (EX.T.NO.1296, SENIOR ENGINEER, HMT IV), PALAPUZHA HOUSE, PEROOR P.O., KOTTAYAM-686 637. 4. T.D.GEORGE (EX.T.NO.1687, SENIOR ENGINEER, HMT LTD.), LEENA NIVAS, V.P. MARAKKAR ROAD, TOLL, EDAPPALLY P.O. 682 024. 5. P.T.GEORGE (EX.T.NO.1345, SENIOR ENGINEER HMT LTD.), PULIKOTTIL, V.P. MARAKKAR ROAD, EDAPPALLY TOLL, KOCHI-682 024. 6. RAVINDRAN M.S. (EX.T.NO.1786, SENIOR ENGINEER, HMT LTD.), MANKARA HOUSE, EAST KADUNGALLUR, U.C.COLLEGE P.O., ALUVA-2. 7. C.P.HAMZA (EX.T.NO.2455, ASST.ENGINEER, HMT IV), CHALUNKAL HOUSE, PALLILAMKARA, HMT COLONY P.O., KALAMASSERY-683 503. 8. D.THANKAPPAN (EX.T.NO.1755, ASST.ENGINEER, HMT LTD.), PUTHUVAL PUTHEN VEEDU, PALLILAMKARA, HMT COLONY P.O., KALAMASSERY-683 503. 9. SOLOMON JOSEPH, (EX.T.NO.3150, JR.OFFICER, HMT LTD.), PALLICKATHAYIL HOUSE, BOLGATTY, MULAVUKADU P.O., KOCHI-682 504. WP(C).No. 26713 of 2004(E) 10. M.P.RAMAN (EX.T.NO.1511, ASST.ENGINEER, HMT LTD.), SHEEJA NIVAS, PALLILAMKARA, N.PIPELINE ROAD, HMT COLONY P.O., KALAMASSERY-683 503. 11. M.K.VISWAMBARAN, (EX.T.NO.1143, DY. ENGINEER, HMT LTD.), KRISHNA NIVAS, PALLILAMKARA, HMT COLONY P.O., KALAMASSERY-683 503. 12. G.PRABHAKARAN NAIR (EX.T.NO.1123, DY.ENGINEER, HMT), `ROSHINI', L/85, CHANGAMPUZHA NAGAR, KALAMASSERY-682 033. 13. K.J.KURIAN (EX.T.NO.3041, W.SUPERVISOR, HMT LTD.), POTTAKKAL HOUSE, H.NO.647/V, UNICHIRA, KOCHI-682 021. 14. CHANDRAMANI K. (W/O. LATE SUDHAKARA PANICKER M.M., EX.T.NO.1074, DY.ENGINEER, HMT IV), CHANDRA SUDHA, CHANGAMPUZHA NAGAR P.O. 15. SUJATHA POTTANGADI (W/O. LATE PRABHAKARAN POTTANGADI, EX.T.NO.1394, DY. ENGINEER, HMT LTD.), M-1, G-2, K.B.PARK, VATTEKUNNAM, VINOBAJI ROAD, EDAPPALLY NORTH P.O., PIN-682 024. BY ADV. SRI.ANTONY M. AMBAT RESPONDENTS: ---------------------- 1. HMT LTD., REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, HMT BHAVAN, 59, BELLARY ROAD, BANGALORE-560 032. 2. THE GENERAL MANAGER, HMT LTD., HMT COLONY P.O., KALAMASSERY-683 503. 3. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF INDUSTRY DEPARTMENT OF PUBLIC ENTERPRISES (WC), 14, CGO COMPLEX, LODI ROAD, NEW DELHI-110 003. BY ADV. SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR - R3 SRI.M.PATHROSE MATTHAI (SR.) - R1, R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).26713/2004-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE OFFICE ORDER ISSUED BY DPE DATED 19/07/1995. EXT.P2: COPY OF THE OFFICE ORDER NO.25/95 DATED 25/10/1995 ISSUED BY HMT LTD. EXT.P3: COPY OF THE CERTIFICATE OF DEATH OF LATE SUDHAKARA PANICKER DATED 21/06/2000. EXT.P3(a): COPY OF THE CERTIFICATE OF DEATH OF LATE PRABHAKARAN POTTANGADI DATED 10/02/2004. EXT.P4 TO P.4(n): COPY OF THE REPRESENTATIONS GIVEN BY THE PETITIONERS 1 TO 15 TO THE 1ST AND 2ND RESPONDENTS. EXT.P5: COPY OF THE JUDGMENT DATED 07/08/2002 IN O.P. NO.9533 OF 2002. EXT.P6: COPY OF THE JUDGMENT IN W.A. NO.1/2003 DATED 17/11/2003 OF THE HONOURABLE HIGH COURT OF KERALA. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ T.R.RAMACHANDRAN NAIR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C). No.26713/2004-E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 25th day of July, 2008 J U D G M E N T The petitioners 1 to 13 were employees under the service of the first and second respondents and petitioners 14 and 15 are the widows of the retired employees who were similarly placed. The main grievance raised in the writ petition is that arrears due to them by way of various pay revision orders have not been disbursed. 2. I heard the learned senior counsel for the respondents Sri.M.Pathrose Mathai. It is brought to my notice that the same issue had been considered in W.A.No.24/2003 and later by the Apex Court and, ultimately, it has been directed that the amount will be disbursed considering the dates of retirement of the employees and on that basis the direction issued by the Apex Court is being followed in respect of all such former employees of the respondents herein. The judgment of this Court in Contempt of Court Case No.907/2007 is also brought to my notice. In the light of the fact that the matter is being monitored as per the directions of the Apex Court, no directions are called for except to say that the amount due to the petitioners shall be disbursed in accordance with the dates of retirement. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, Judge ms