IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 33607 of 2004(A) -------------------------- PETITIONER: ------------ R.JAYAPRAKASH, SHAJ, S.R.K.NAGAR P.O. OTTAPPALA, PALAKAD, WORKER GRADE (RTD) DRAUGHTSMAN, KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION, OTTAPPALAM. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVNANTHAPURAM. 3. THE MANAGING DIRECTOR, STEEL INDUSTRIES KERALA LIMITED, ATHANI, MULANKUNNATHUKAVU, THRISSUR. 4. THE MANAGER, SILK, FOUNDRY UNIT, PALAPPURAM, OTTAPPALAM. 5. THE DISTRICT COLLECTOR, PALAKKAD. BY ADV. SRI.K.ANAND (A.201) FOR R3&4 SMT.LATHA KRISHNAN FOR R3 & R4 GOVT. PLEADER SHRI.P.N.SANTHOSH FOR R1 & R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 33607/04. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE ORDER DATED 13.6.88 BY THE MD SIDCO. P2. COPY OF THE ORAL AND DOCUMENTS EVIDENCE AS PER AWARD IN I.D.NO.74/94 DTD.16.8. 95. P3. COPY OF THE ORDER OF THE LABOUR COURT DTD.29.6.22. P4. COPY OF THE REPRESENTATION DTD.17.9.02. P5. COPY OF THE REPRESENTATION BEFORE THE MINISTER OF INDUSTRIES, KERALA DTD.7.3.03. P6. COPY OF THE REPRESENTATION DTD.20.8.04 -DO- P7. COPY OF THE -DO- NIL. P8. COPY OF THE ORDER OF DISTRICT COLLECTOR, PALAKKAD. RESPONDENTS' EXHIBITS: R3(A) COPY OF THE ORDER DTD.14.3.96. R3(B) COPY OF THE PROCEEDINGS OF BIFR DTD.14.2.05. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.33607 of 2004 ================== Dated this the 7th day of July, 2008 J U D G M E N T The petitioner entered service of the Small Industries Development Corporation (SIDCO) as worker Grade II (Draftsman) on 1.1.1980 in its Foundry Unit at Ottapalam. Later on, the unit was taken over by Steel Industries Kerala Ltd. (SILK) with effect from 1.4.1988. After taking over by the SILK, the SIDCO granted the petitioner promotion with retrospective effect by Ext.P1 order. Ext.P1 order was not implemented. The petitioner's union raised an industrial dispute which culminated in Ext.P2 award wherein the SILK was directed to implement Ext.P1 order by promoting the petitioner provisionally from Worker Grade I (Draftsman) to the category of Draftsman (Mechanical) Grade II (Staff Category) 31.3.1988. The petitioner thereafter moved the Labour Court in C.P.No.23/1996, which resulted in Ext.P3 order directing the management to pay an amount of Rs.69,030.10 to the petitioner. The petitioner has filed this writ petition complaining that the dues of the petitioner as per Exts.P1 w.p.c.33607/04 2 and P2 have not been paid. In the meantime, the retired from service. 2. A counter affidavit has been field by the management wherein, according to them, the petitioner is only entitled to certain benefits as computed in Ext.R3(a) even going by Ext.P2 award. According to the management, the petitioner is not entitled to anything more than what has been mentioned in Ext.R2(a). This was offered to the petitioner, but he refused to accept the same. 3. This matter was heard on 1.7.2008 and after hearing the parties, I directed them to explore the possibility of settling the matter by mutual negotiations. Both the parties are agreeable for a settlement, However, they are unable to reach a final decision for which the assistance of this Court is sought and the parties left it to the decision of this Court. 4. After hearing the entire matter, I feel that the dispute should be put to a rest by the petitioner accepting the benefits offered by the management by Ext.R3(a). In addition to the same, the petitioner should also be paid all retirement benefits due to him under law. Accordingly, the 3rd respondent w.p.c.33607/04 3 management is directed to pay to the petitioner all monetary benefits arising out of Ext.R3(a) and all retirement benefits due to him, if not already paid, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge