IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 OP.No. 11707 of 2002(R) ----------------------- PETITIONER(S): --------------- K.RAJU, S/O.KARUPPASWAMY PILLAI, RESIDING AT 31/600, KARNAKI AMMAN KOVIL STREET, BIG BAZAAR, PALAKKAD. (*) ADDL. PETITIONERS: 2. MALLIKA, WIDOW OF K.RAJU. 3. GANESH, S/O.LATE K.RAJU. 4. JAYALAKSHMI, D/O.LATE K.RAJU. 5. SATHEESH, S/O.LATE K.RAJU. 6. MAHESH, S/O.LATE K.RAJU. ALL ARE RESIDING AT 31/600, KARNAKI AMMAN KOIL STREET, BIG BAZAR, PULAKKAD. (ADDL. PETITIONERS ARE IMPLEADED AS PER ORDER DT.10.8.2006 IN I.A. NO.10708/2006.) BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO LABOUR AND REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA HEADLOAD WORERS WELFARE FUND BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE, S.R.M.ROAD, ERNAKULAM. 3. THE CHAIRMAN, PALKKAD LOCAL COMMITTEE, KERALA HEADLOAD WORKERS WELFARE FUND BOARD, DANCE MARKET, MUNICIPAL BUILDING, MARKET ROAD, PALAKKAD.678 014. G.P. SRI.MATHEW VADAKKEL FOR R1 SRI.KOSHY GEORGE, SC, KHLWWB FOR R2 &3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.20277/2002 IN O.P. NO.11707/2002 DISMISSED: 29.7.2009 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF REPRESENTATIONSUBMITTED BY THE PETITIONER TO THE HON'BLE MINISTER FOR LABOUR DT.28.11.2000. P2: TRUE COPY OF JUDGMENT RENDERED IN O.P. NO.14561/2001 ON THE FILE OF THIS HON'BLE COURT DT.1.6.2001. P3: TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER TO RESPONDENTS DT. NIL. P4: TRUE COPY OF ORDER OF R1 DT.8.11.2001. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.11707 of 2002 .................................................................... Dated this the 29th day of July, 2009. JUDGMENT W.P. is filed by a retired headload worker challenging the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme on the ground that the pension paid is a very low amount. Admittedly petitioner was registered as a headload worker in the year 1986 and retired in the year 2000. Standing Counsel appearing for the Headload Workers Welfare Board submitted that there is a revision of pension in petitioner's case as well and the case of the petitioner that he is getting only Rs.203/- per month as pension is not currently correct. Counsel for the petitioner submitted that petitioner's contribution itself was partly released to him at the time of retirement, that too without interest. I do not think petitioner is entitled to challenge the pension scheme or the retirement benefit given to him after making subscription for 13 years when he was in service. If petitioner had a grievance against the scheme, he should have challenged it while contributions were being recovered from him. Further, rationalisation of the scheme is something which should be requested for by the workers as a whole or atleast substantial number of workers. On the face of it, thousands 2 of beneficiaries under the organisation seem to be contented with the existing scheme. In the circumstances, I do not think there is any justification to interfere with the challenge against the scheme which is applicable to thousands of people who are retired. Consequently O.P. is dismissed. C.N.RAMACHANDRAN NAIR Judge pms