IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 4896 of 2011(J) ------------------------------------- PETITIONER(S): ------------------------ 1. T.B. KRISHNAKUMAR, S/O.M.S. BHASKARAN NAIR THURUTHIPPILLIL HOUSE, MARADU P.O., COCHIN-682 304. 2. P.G. CHANDRA BOSE, S/O.GOPALAN K.N., PONNATTU HOUSE, PANANGAD P.O., COCHIN-682 506. 3. V.A. SUBAIR, S/O.ABDULKADAR, VAKUPARAMBIL HOUSE, POONITHURA P.O., ERNAKULAM-682 038. 4. P.V. LEELAMMA, S/O.K. PADMANABHA PILLAI, VADAKKEPANACHIKEL, PALLIPPURAM P.O., CHERTHALA, PIN-688 541. 5. CHANDRIKA R.NAIR, D/O.D.DIVAKARAN NAIR, RESMI NIVAS, MARAVANTHURUTHU P.O., VAIKOM-686 608. 6. V.P. JAYADAS, S/O.PARAMESWARAN K., VELLAYIPADATHPURAYIL HOUSE, EROOR SOUTH P.O., TRIPUNITHURA-682 306. 7. M.I. SUBRAMANIAN, S/O.LAKSHMANAN, MADAPPATTUPARAMBIL HOUSE, MARADU-682 304. 8. C.P. SALIM, S/O.PAREED CHUTTIPARAMBIL HOUSE, MARADU-682 304. 9. I.K. BABU, S/O.KONDACHAN, ILLATHUPARAMBIL HOUSE, POONITHURA-682 038. 10. V.R. BALACHANDRAN, S/O.RAMAN, VAZHUTHANAKKAD HOUSE, THEKKUMBAGAM, TRIPUNICHURA-682 301. 11. A.S. JAYAN, S/O.P.N. SUKUMARAN, PUTHEZHATHU HOUSE, UDAYAMPEROOR P.O., PIN-682 307. 12. V.I. SHAJI, S/O.ISMAIL, IDACHURAPPILLY HOUSE, MARADU P.O., PIN-682 304. WP(C).No. 4896 of 2011(J) 13. A.P. AJITH KUMAR, S/O.A.C. PADMANABHAN, AMBALANTHIKAL HOUSE, POONITHURA P.O., PIN-682 038. 14. P.M. MUHAMMED, S/O.T.E. MOOSA, PEREPADATHU HOUSE, MARADU P.O., PIN-682 304. 15. K.C. SAIGAL, S/O.M.K.CHANDRAN, KAVANALIL HOUSE, EROOR SOUTH P.O., TRIPUNITHURA-682 306. 16. C.K. UNNIKRISHNAN, S/O.KUMARAPILLA, MADANALAYAM, POONITHURA P.O., PIN-682 038. 17. BENNY JOSEPH, S/O.U.P. JOSEPH, UROOTH HOUSE, POONITHURA P.O., PIN-682 038. 18. K.T. KUTTAPPAN, S/O.THEVAN, KOZHIKKANIYIL HOUSE, SOUTH PARUR P.O., ERNAKULAM-682 307. 19. A.A. DILEEP KUMAR, S/O.ARAVINDAKSHAN, SOTHIYIL HOUSE, POONITHURA-682 038. 20. A.G. SETHUMADHAVAN, S/O.GOPALAN NAIR, ANTHYIL HOUSE, POONITHURA P.O., PIN-682 038. PETITIONERS ARE WORKING AS LABOURING WORKERS IN THE 2ND RESPONDENT, CORPORATION. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. KERALA STATE BEVERAGES (M & M) CORPORATION LTD., THIRUVANANTHAPURAM-695 010, REPRESENTED BY ITS MANAGING DIRECTOR. R1 BY GOVT. PLEADER MR.ANTONY MUKKATH. R2 BY ADV. MR.ELVIN PETER P.J., SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 4896 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2011 J U D G M E N T The petitioners are challenging Exts.P5, P7 & P8 orders in respect of certain service benefits which they are claiming retrospectively with effect from 01.01.1993. Ext.P5 is dated 17.11.2006, Ext.P7 is dated 19.04.2007 and Ext.P8 is dated 05.01.2010. The petitioners have filed this writ petition only on 16.02.2011. In view of the long delay, I passed an order on 17.02.2011 which reads as follows: “The petitioners are challenging Exts.P5, P7 and P8. Ext.P5 is dated 17.11.2006, Ext.P7 is dated 19.4.2007 and Ext.P8 is dated 5.1.2010. The petitioners explain the delay in respect of Exts.P5 and P7 stating that against Ext.P5 they had earlier filed another writ petition, pursuant to which Ext.P7 order has been passed against which the petitioners have filed another representation which resulted in Ext.P8 order. Even assuming that the said explanation can be accepted, still after Ext.P8, there is more than a year's delay which remains unexplained. Counsel for the petitioners seeks time to explain the delay. Post after two weeks.” Pursuant to the same the 1st petitioner has filed an affidavit to explain the delay as follows: “1. x x x x x 2. This affidavit is being filed as directed by this Hon'ble court to explain the delay occurred in filing the above writ petition. The petitioners are pursuing the cause raised in the writ petition for many years and in the meanwhile we have approached this Hon'ble court on earlier two occasions. Even after the passing of Exhibit P.7 order we approached the respondents through our Union, Kerala State Beverages Corporations Workers W.P.(C)No. 4896 of 2011 -2- Federation (C.I.T.U) and that resulted in passing Exhibit P.8 order by the 1st respondent on 05.01.2010 which is one of the orders under challenge. 3. Immediately after Exhibit P.8 Order was communicated to this petitioners we made arrangements to challenge the same before this Hon'ble court and entrusted the matter with Adv. Rajesh Nair. But during that time again our union intervened in the matter and the president and the secretary of the union assured to the petitioners that they will take up the matter with the Government and find out an amicable solution. 4. As assured by the president and secretary of the union they further took up the matter with the Government and now it appears that those efforts also failed. 5. The petitioners came to know that the union failed to find out a solution to the grievances of the petitioners only in the month of January 2011 and immediately after that the petitioners filed the above case before this Hon'ble court. 6. The delay in approaching this Hon'ble Court occurred due to the facts stated above and there is no willful laches nor negligence from the part of the petitioners for such delay. 7. So it is humbly prayed that the delay in approaching this Hon'ble court by the petitioners may be condoned, as other wise petitioners would be put to suffer substantial legal injuries.” I do not think that the averments contained in the affidavit constitute sufficient explanation for the long delay of several years. Therefore, I find that the petitioners are guilty of delay and laches. Therefore the writ petition is dismissed on that ground. S. SIRI JAGAN JUDGE shg/