IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 26897 of 2006(B) -------------------------- PETITIONERS: --------------- 1. K.K.BALAKRISHNAN, IST GRADE OPERATOR, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALY. 2. P.S.SHAJI, IST GRADE OPERATOR, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALY. BY ADV. SRI.THAMPAN THOMAS SMT.V.O.PHILOMINA SMT.K.S.SABITHA RESPONDENTS: --------------- 1. THE TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALY, REP. BY ITS MANAGING DIRECTOR. 2. PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES (H) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. LOHIDHAKSHAN.A., WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALY. 4. PRABHAKARAN.V.V., WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALY. 5. VELAYUDHAN.C.K., WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALY. 6. KESAVADAS.P., WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALY. 7. P.T.ASOKAN, WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALY. 8. CHELLAN.M., WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALLY. 9. K.T.DAMODHARAN, WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALLY. 10. CHACKO.P.J., WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALLY. 11. JANARDHANAN.M, WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALLY. 12. RADHAKRISHNA.A., WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALLY. 13. AUGUSTY.M.S., WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALLY. 14. A.M.VARGHESE, WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALLY. 15. MATHEW.J., WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALLY. 16. ABDHUL KAREEM.A.A., WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALLY. 17. BABY.K.V., WORKING CHARGEMEN, TRANSFORMERS AND ELECTRICAL KERALA LIMITED, ANGAMALLY. ADV. SRI.M.PATHROSE MATHAI, SENIOR ADVOCATE FOR R.1 SRI.RONY J.PALLATH FOR R.1 SRI.RADHIKA RAJASEKHARAN P. FOR R.1 SRI.P.RAMAKRISHNAN FOR R4,8,9,12,16,17 SMT.PREETHI RAMAKRISHNAN FOR R4,8,9,12,16,17 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2009, ALONG WITH WPC NO. 1587 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE CLAUSE 4 OF THE STANNG ORDER DT. NIL. EXT.P2: TRUE COPY OF THE WORKSHEET DT. NIL. EXT.P3: TRUE COPY OF THE S. GOPALAN'S AWARD DATED 28-2-1975. EXT.P4: TRUE COPY OF THE LETTER TO THE PRINCIPAL SECRETARY INDUSTRIES DEPARTMENT DATED 9-8-2005. EXT.P5: TRUE COPY OF THE ORDER NO. 1092 DATED 7-10-2006. ks. TRUE COPY P.S. TO JUDGE J.B. KOSHY, Ag.C.J. & M.C. HARI RANI,J ============================== W.P.(C)NO. 26897 OF 2006 & W.A.NO.1587 OF 2006 ============================ DATED THIS THE 2ND DAY OF MARCH 2009 JUDGMENT Koshy,Ag.C.J. The petitioners in W.P.(C)No.26897/2006 are employees of the first respondent Government Company, TELK,Angamaly. The appellant in W.A.No.1587/2006 is the General Secretary of the TELK Employees Federation. Service conditions of the company are governed by the standing orders and long term settlement. At the time of filing the writ petition, the petitioners were qualified J.T.S.L.C. which is a technical qualification. It is the contention of the petitioners that as per S.Gopalan's award, they are eligible for promotion. The question was whether they are eligible for seniority from 1974 , criteria for promotion etc. were referred for adjudication to the Industrial Tribunal, Alleppey. As per Ext.P7 award, which is produced along with W.A.No.1587/2006, the Industrial Tribunal has not settled the issue. That was challenged by the Union before this Court. Finally after detailed consideration of the finding of the Tribunal on issue No.3 was quashed and that was replaced by clause 11(1) of WPC.26897/06 &WA 1587/2006 -2- Gopalan's award. The petitioners in W.P.(C)No.26897/2006 got promotion and the individual as such has accepted the award as modified by this Court. Therefore, we do not find any need for interference in the matter at this distance of time. The writ petition and the writ appeal are closed. J.B. KOSHY, Ag. Chief Justice M.C. HARI RANI, JUDGE ks.