IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 RP.No. 415 of 2008 ----------------------- AGAINST THE JUDGEMENT IN OP.29168/1999 Dated 09/08/2005 .................... REVIEW PETITIONER/RESPONDENT No.1 IN OP: --------------------------------------------------------- K.S.R.T.C. REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, TRIVANDRUM. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC RESPONDENTS/PETITIONERS IN OP: ------------------------------------------- 1. R. DEVARAJAN, TYRE INSPECTOR, K.S.R.T.C., CENTRAL WORKS, PAPPANAMCODE, TRIVANDRUM. 2. P. GOPAKUMARAN NAIR, TYRE INSPECTOR, K.S.R.T.C., PEROORKADA,TRIVANDRUM. 3. E.P. BABU, TYRE INSPECTOR, K.S.R.T.C., KATTAKKADA. 4. J. RAJENDRAN, TYRE INSPECTOR, K.S.R.T.C., KATTAKKADA. 5. P.P. RAVEENDRAN, TYRE INSPECTOR, K.S.R.T.C., PATHANAMTHITTA. 6. A. SELVAN, TYRE INSPECTOR, K.S.R.T.C., KATTAKKADA. 7. B. BABU, TYRE INSPECTOR, K.S.R.T.C., PAPPANAMCODE, TRIVANDRUM. RP.No. 415/2008 ...2... 8. T. MOHANAN, TYRE INSPECTOR, K.S.R.T.C., CENTRAL WORKS, PAPPANAMCODE. 9. N.J. FRANCIS, TYRE INSPECTOR, K.S.R.T.C., CENTRAL WORKS, PAPPANAMCODE. 10. S. SREEKUMARAN NAIR, TYRE INSPECTOR, K.S.R.T.C., PARASSALA DEPOT. 11. S. SELVARAJAN, TYRE INSPECTOR, K.S.R.T.C., VELLARADA DEPOT. 12. K.P. KUNJIKANNAN, TYRE INSPECTOR, K.S.R.T.C., PAYYANNUR. 13. V. MOHANAN, TYRE INSPECTOR, K.S.R.T.C., VIZHINJAM. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ------------------------------------------ Review Petition No.415 OF 2008 IN O.P. No. 29168 OF 1999 ---------------------------------------- Dated this the 26th day of November, 2008. O R D E R This review petition is at the instance of the respondent in O.P.No.29168/1999. The writ petitioners approached this Court praying for extension of similar benefits as in Exhibit P1 award to them also. This Court, taking note also of the fact that there was no counter affidavit and the petitioners are also similarly situated as the workmen referred to in Exhibit P1 award, disposed of the writ petition with a direction to the Corporation to extend similar benefits to the petitioners also. 2. Learned standing counsel for the Kerala State Road Transport Corporation submits that the benefits as in Exhibit P1 award cannot be extended to the petitioners since during the period before the representation made by the petitioners for such benefits, there were two settlements and the impact of those settlements will also have to be taken note of. 3. It is seen that the review petitioner-respondent has also filed a counter affidavit in the writ petition. Therefore, it is only R.P.No.415/08 2 appropriate that the writ petition is disposed of on merits adverting to the contentions taken by the review petitioner and the writ petitioners. In that view of the matter, the review petition is allowed and the judgment dated 09.08.2005 in O.P.No.29168/1999 is recalled. Post the writ petition for hearing. KURIAN JOSEPH, JUDGE. smp R.P.No.415/08 3 KURIAN JOSEPH, J. R.P.No. 415 OF 2008 IN O.P. No. 29168 OF 1999 O R D E R 26.11.2008