IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 5676 of 2010(H) ------------------------- PETITIONER(S): --------------- 1. V.J.THOMAS, TICKET ISSUER CUM MASTER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 2. M.REGHUNANDANAN, BOAT DRIVER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 3. T.C.BABU, BOAT LASCAR, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 4. K.J.ANTONY, BOAT LASCAR, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 5. V.G.SEBASTIAN, BARGE SYRANG, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 6. T.N.SARATHCHANDRA GHOSH, BOAT DRIVER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 7. K.K.PUSHPAN, BOAT LASCAR, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 8. K.S.SOMAN, BARGE DRIVER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 9. P.R.AMSAPPAN, BARGE DRIVER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 10. T.D.MATHEW, MECHANIC GRADE-1, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 11. P.BAHULEYAN, TICKET ISSUER CUM MASTER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 12. MATHEW JACOB, MECHANIC GRADE-III, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 13. A.C.ANTONY, WORKSHOP HELPER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 14. TOMY D'SILVA, BOAT /BARGE ELECTRICIAN, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 15. K.Y.JOHN, BOAT LASCAR, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 16. S.RAMAKRISHNA PILLAI, STATION MASTER (IN CHARGE), KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 17. C.V.JOY, BOAT SYRANG, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 18. K.B.CHANDRAN, BOAT SYRANG, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 19. K.VASU, BOAT LASCAR, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 20. K.P.RAMESAN, BOAT LASCAR, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 21. N.K.SUGATHAN, BOAT LASCAR, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 22. M.R.BABU, BARGE DRIVER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 23. K.A.JOSEPH, BARGE DRIVER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 24. K.V.PETER, MECHANIC, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 25. T.G.GOPI, BOAT LASCAR, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 26. N.S.PRATHAPAN, BARGE DRIVER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 27. M.V.SIDDHARTHAN, BARGE SYRANG, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 28. P.L.CHACKO, BARGE SYRANG, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 29. V.ARAVINDAKSHAN, BOAT LASCAR, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 30. K.P.JOHN, BOAT DRIVER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 31. M.A.VARGHESE, BARGE SYRANG, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 32. V.K.PONNAPPAN, STATION MASTER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 33. K.K.ABDUL GAFOOR, COMMERCIAL OFFICER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 34. V.N.RAJENDRAPRASAD, BARGE SYRANG, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 35. A.K.MOHAMMED ALI, ACCOUNTANT, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 36. K.P.PANKAJAKSHAN, JUNIOR ASSISTANT, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 37. G.RAJAN, JUNIOR ASSISTANT, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 38. M.V.MANOJ, ASSISTANT MECHANICAL ENGINEER KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 39. T.J.GOPALAN, TICKET ISSUER CUM MASTER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 40. C.P.DARWIN, WORKSHOP HELPER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. 41. K.K.BALACHANDRAN, TICKER ISSUER CUM MASTER, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. BY ADV. SRI.K.R.KURUP SRI.C.R.SYAMKUMAR SRI.K.J.ABRAHAM SRI.LAVARAJ M.G. SRI.C.R.VINOD KUMAR RESPONDENT(S): --------------- 1. KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, KOCHI. ADV. SRI.V.J.MATHEW,SC,KSINC(KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 5676 OF 2010 -------------------------------------------- Dated this the 16th day of March, 2010 JUDGMENT The petitioners are employees of the first respondent - Kerala Shipping and Inland Navigation Corporation Ltd. Admittedly, the age of superannuation in respect of the employees under the first respondent has been enhanced from 55 years to 58 years. The said decision to enhance the age of retirement was challenged before this Court. As per Ext.P1 judgment dated 3.7.2007, this Court held that the employees of the Corporation would be entitled to continue in service till the last day of the month in which they attain the age of 58 years. The first respondent did not prefer any appeal against Ext.P1 judgment. However, the State unsuccessfully attempted an appeal. Thereafter, the State preferred a Special Leave Petition against the judgment of the Division Bench affirming Ext.P1 judgment. Subsequently, the Writ Petitions filed by some employees working under the first respondent, which were not taken up while rendering Ext.P1 judgment, came up before this Court. Naturally, the said Writ Petitions were also allowed. Aggrieved by the judgment passed by the learned Single Judge in W.P.(C) No.28430 of 2006 and connected cases, the State preferred W.A. No.2452 of 2007 and connected W.P.(C) NO. 5676/2010 2 appeals, which were disposed of as per Ext.P4 judgment. A similar decision has been rendered by a Division Bench in Ext. P5 judgment in W.A. No. 3468 of 2007. The limited prayer of the petitioners in this Writ Petition is for a direction to the respondents to disburse to them the wages in terms of Exts.P4 and P5 judgments subject to the same conditions. 2. The learned Standing Counsel for the first respondent, however, strongly opposed the prayer of the petitioners. Admittedly, Exts.P4 and P5 judgments were rendered after hearing the first respondent. It is obvious from the said judgments that the Writ Appeals were preferred by the State and the first respondent did not file any appeal challenging Ext.P1 judgment. But, the first respondent has filed Special Leave Petitions against Exts.P4 and P5 judgments. It is fairly admitted by the learned Standing Counsel for the first respondent that no order of stay has been passed by the Honourable Apex Court in the said Special Leave Petitions with respect to the operation and implementation of Exts.P4 and P5. In the context of the contentions, it is relevant to note the reliefs granted as per Ext.P4, the relevant portion of which reads thus: “............ In the meanwhile, in case the writ petitioners give an undertaking to the Corporation that in the event of the Supreme Court not W.P.(C) NO. 5676/2010 3 granting any benefits in respect of the service rendered by the writ petitioners after they attain 55 years, the emoluments that they receive in excess of the wages now received can be adjusted against the DCRG payable to them, the Corporation will disburse the actual wages in the scale of pay attached to them without any delay.” 3. It is thus evident that even if such similar relief is granted to the petitioners herein, that would not in any way adversely affect the interest of the first respondent. It is also evident that some similarly situated employees under the first respondent are enjoying the benefits of actual wages. Therefore, there is no reason to discriminate the petitioners who are similarly situated employees. The petitioners submit that they will abide by the decision of the Honourable Apex Court in the pending cases filed by the first respondent against Exts.P4 and P5 judgments and also the Special Leave Petitions preferred by the State against Ext.P2 judgment. This submission made on behalf of the petitioners is recorded. 4. In the circumstances, this Writ Petition is disposed of with the following directions: During the pendency of the Special Leave Petitions referred to above, if the petitioners give an undertaking to the first respondent - Corporation that in the event of the Supreme Court declining to grant any W.P.(C) NO. 5676/2010 4 benefits in respect of the service rendered by the petitioners in W.P.(C) No.28430 of 2006 after they attain the age of 55 years, the petitioners would not claim any benefit merely on account of their continuance in service beyond the age of 55 years and further that in such eventuality, the emoluments received by them in excess of the wages received for the service rendered after crossing the age of 55 years can be adjusted against the DCRG payable to them. It is made clear that the petitioners in this Writ Petition will be entitled only to the benefits, if any, granted by the Apex Court in the cases referred to above, in the case of similarly situated persons. It is further made clear that in case the amounts payable to each of the petitioners towards DCRG reaches the eligible and entitled amount, the first respondent will be at liberty to pay to the petitioners thereafter only at the rate payable to casual employees till they attain the age of 58 years, subject to the result of the Special Leave Petitions referred to earlier. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 5676/2010 5 C.T. RAVIKUMAR, J. W.P.(C) NO. 5676/2010 JUDGMENT 16th March, 2010 W.P.(C) NO. 5676/2010 6