IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 21535 of 2007(L) -------------------------- PETITIONERS: -------------------- 1. AJITH KUMAR M.R., S/O. RAMACHANDRAN NAIR B., AGED 33, MELATHIL VEEDU, CONVENT ROAD, NEYYATTINKARA P.O., THIRUVANANTHAPURAM. 2. JIJI P.K., S/O. M.KRISHNAN NAIR, AGED 31 YEARS, KURUTHANKUDY VEEDU, MURIYANKARA, AYYAPPA NAGAR, PARASSALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SABU S.KALLARAMOOLA SRI.PATHIRIPALLY S.KRISHNAKUMARI RESPONDENTS: ---------------------- 1. THE DIRECTOR OF TRAINING, DIRECTORATE OF EMPLOYMENT AND TRAINING, DEPARTMENT OF INDUSTRIAL TRAINING, KERALA STATE, THYCAUD, THIRUVANANTHAPURAM. 2. BISHOP PETER PEREIRA MEMORIAL INDUSTRIAL TRAINING CENTRE, MARIAPURAM, THIRUVANANTHAPURAM-695 127, REPRESENTED BY ITS DIRECTOR. 3. THE MANAGER, BISHOP PETER PEREIRA MEMORIAL I.T.C., MARIAPURAM, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH R2 & R3 BY ADV. SRI.BIJU BALAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21535 of 2007(L) APPENDIX PETITIONERS' EXHIBITS: P1 : COPY OF THE JUDGMENT DATED 12.6.2000 IN O.P. NO5202/2000 P2 : COPY OF THE JUDGMENT DATED 3.8.2000 IN W.A.NO.1501/1997 P3 : COPY OF THE CIRCULAR NO.C3/6808/06(P) DATED 26.7.2006 P4 : COPY OF THE LAWYER NOTICE DATED 12.6.2007 ISSUED TO THE MANAGER, BPPMITC, MARIYAPURAM. P5 : COPY OF THE REPLY NOTICE DATED 26.6.2007. P6 : COPY OF THE PROSPECTUS ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2007-2008. P7 : COPY OF THE COMPLAINT DATED 14.8.2007 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. P8 : COPY OF THE EXPERIENCE CERTIFICATE DATED 22.6.2006 ISSUED BY THE RESPONDENTS IN FAVOUR OF THE 1ST PETITIONER. P9 : COPY OF THE EXPERIENCE CERTIFICATE DATED 23.9.2006 ISSUED BY THE RESPONDENTS IN FAVOUR OF THE 2ND PETITIONER. P10 : COPY OF THE COMPLAINT/REQUEST DATED 1.10.2007 SUBMITTTED BY 2ND PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: R3(A) : COPY OF THE MODEL CONTRACT LETTER BETWEEN THE 2ND RESPONDENT AND THE STAFF. R3(B) : COPY OF THE CONTRACT OF APPOINTMENT DATED 9.8.2004 BETWEEN THE 2ND PETITIONER AND THE 2ND RESPONDENT. // TRUE COPY // P.A. TO JUDGE. app/- P.N. RAVINDRAN, J - - - - - - - - - - - - - - - - - - - W.P.(C) No.21535 of 2007. - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2009 J U D G M E N T Heard the learned counsel appearing on either side. 2. The learned counsel appearing for petitioners submits that the dispute involved in this writ petition has been settled out of court and that respondents 2 and 3 have agreed to pay to the first petitioner revised salary being 2/3rd of the salary and allowances applicable to teaching staff of Government Industrial Training Institutes with effect from the date on which this writ petition was filed and to the second petitioner with effect from 1.8.2009, the date on which he was reappointed. The learned counsel appearing for respondents 2 and 3 concurs with this submission. It is also stated that the second petitioner has been reappointed W.P.(C) No.21535 of 2007. 2 in service with effect from 1.8.2009. 3. In such circumstances, this writ petition is disposed of with a direction to respondents 2 and 3 to disburse revised salary and allowances to the first petitioner from the month of July 2007 onwards and to the second petitioner from 1.8.2009 onwards. Payment of arrears to the first petitioner shall be made within one month from today. P.N. RAVINDRAN, JUDGE. app/-