IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 7098 of 2007(T) ------------------------- PETITIONERS: --------------- 1. KELTRON COUNTERS SEPARATED EMPLOYEES ACTION COUNCIL, REPRESENTED BY ITS GENERAL SECRETARY, SRI.K.X.THOMAS, ASWATHY, ROSE NAGAR LANE, SREEKARYAM P.O. THIRUVANANTHAPURAM 17. 2. P.B.GOPY, SENIOR ENGINEER, KELTRON COUNTERS LTD., SAJEEVA MANDIRAM, KALLAMPILLY, SREEKARIYAM, THIRUVANANTHAPURAM 17. 3. KELTRON EMPLOYEES UNION, REPRESENTED BY ITS SECRETARY SRI.K.MOHANAN NAIR, ANUJA NIVVAS, TC 9/217(1), JAWAHAR NAGAR P.O. THIRUVANANTHAPURAM. BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM. 2. THE KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LIMITED, (KELTRON), KELTRON HOUSE, VELLAYAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 3. M/S.KELTRON COUNTERS LIMITED,CHAVADIMUKKU, SREEKARIYAM P.O. THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF EXECUTIVE ENGINEER, SRI.RAJASEKHARAN NAIR. BY GOVERNMENT PLEADER ADV. SMT. SMITH SUKUMARAN R2 AND R3 BY ADV. SRI.T.P.KELU NAMBIAR, SENIOR ADVOCATE AND BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 7098 OF 2007 APPENDIX PETITIONERS' EXHIBITS EXT.P1 : TRUE COPY OF THE ORDER G.O.(MS)_78/2002/ID DATED 26.7.2002. EXT.P2 : TRUE COPY OF THE CIRCULAR DATED 17.11.1995 EXT.P3 : TRUE COPY OF THE ORDER G.O.(RT) 382/2006/ID DTD.31.03.2006 EXT.P4 : TRUE COPY OF THE ORDER G.O.(MS)152/2005/ID DTD.24.11.2005 EXT.P4(a) : TRUE COPY OF THE LETTER 26.11.05 NO. KCL/MD /GOK/2005 EXT.P5 : TRUE COPY OF THE PUBLIC NOTICE. EXT.P5(a) : TRUE COPY OF THE GOVT. ORDER G.O.(RT.)No.1290/06/ID DTD.15.11.2006 EXT.P6 : TRUE COPY OF THE LETTER NO. 7462/D3/05/ID DT.1.9.2006 EXT.P6(a) : TRUE COPY OF THE OFFICE ORDER MD/OO-70/2006-07 DT.14.09.2006 EXT.P6(b) : TRUE COPY OF THE OFFICE ORDER MD/OO-72/2006-07 DT.15.09.2006 EXT.P6(c) : TRUE COPY OF THE MEMO PD/KCC/06 DT. 14.09.2006 EXT.P6(d) : TRUE COPY OF THE MEMO PD/KEC/06 DT.14.09.2006 EXT.P6(e) : TRUE COPY OF THE MEMO PD/IT/06 DT.14.09.2006 EXT.P6(f) : TRUE COPY OF THE OFFICE ORDER MD/OO-71a/2006-07 DT.06.10.2006 EXT.P7 : TRUE COPY OF THE REPRESENTATION KCSE/005/006 DT.14.08.2006 EXT.P8 : TRUE COPY OF THE REPRESENTATION KSEAC/11/06 DT.13.11.2006 EXT.P9 : TRUE COPY OF THE REPRESENTATION DTD. 12.01.2007 W.P.(C) 7098 OF 2007 EXT.P10 : TRUE COPY OF THE LETTER NO.TS II/CP 11/02/F.4/22970/2006 DT.23.11.2006 EXT.P11 : CALCULATION STATEME NT PENDING SALARY -ESS EMPLOYEES FOR THE YEAR 2002 EXT.P12 : TRUE COPY OF THE CALCULATION STATEMENT PENDING SALARY & DUES SSNP EMPLOYEES. EXT.P13 : TRUE COPY OF THE CALCULATION STATEMENT OF SSNP VRS DIFFERENCE. EXT.P14 : TRUE COPY OF CALCULATION STATEMENT OF PENDING SALARY DUES TO REMAINING EMPLOYEES. RESPONDENTS' EXHIBITS: EXT.R3(a) : TRUE CPY OF THE ORDER G.O.(P) 73/2003/ID DATED 24.06.2003. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 7098 OF 2007 ......................................................................... Dated this the 5th September, 2011 J U D G M E N T The petitioners have approached this Court with the following averments: i) Call for the records leading to Exts.P1 to P10, peruse the same and issue a writ of certiorari or any other appropriate writ, direction or order and quash Ext.P4 to the extent to which it is opposed to Ext.P2 as illegal and void; ii) issue a writ of mandamus or such other appropriate writ, direction or order commanding the respondents to immediately pay the members of the 1st petitioner association, arrears of salary together with reasonable interest; iii) declare that employees who were separated under the SSNP Scheme who were continuing to work till they were separated in 2004, are entitled to get a compensation package calculated by taking into account W.P.(C) No. 7098 OF 2007 2 their wages as on the date of their separation; iv) issue a writ of mandamus or such other appropriate writ, direction or order commanding the respondents to immediately disburse to members of the 1st petitioner association the entire balance emoluments and other terminal benefits due under the ESS and SSNP schemes together with reasonable interest; v) issue a writ of mandamus or such other appropriate writ, direction or order commanding the respondents to extend identical benefits contemplated in Ext. P6 to Ext. P6(f) to members of the 1st petitioner as well. vi) to grant the petitioner such other incidental reliefs including the costs of these proceedings.” 2. The learned Counsel for the second and third respondents submits that in view of the subsequent developments nothing further remains to be considered in this case in so far as the property involved has already been taken over by the Government effecting the requisite deposit and W.P.(C) No. 7098 OF 2007 3 subject to the orders passed by the Company Court in C.P. 11/2002. The rights and interests of all concerned including the petitioners and persons represented by the petitioners herein have already been taken care of and the C .P. itself has been closed as per the final order dated 04.07.2011, submits the learned Counsel. In the said circumstance, the writ petition is closed recording the submission made by the learned Counsel for the 2nd and 3rd respondents as above. P.R. RAMACHANDRA MENON, JUDGE. lk