S / z” 710: C71C O :‘71 C 7771 COkE i,’ED 2hz DCI 271) i 07 7173 j98 C 70 E I lit 177. ‘JP ‘ l, JUlJE 7,7. 3 71T7 ac ,UJ:;u1711 ‘Is: G.2k82/i9777 r flfl? t Ji flJa 4 i Sri. :,3, Jhtvxnnny, SO (Tletd.), naor, :o,lS71, 7 bi. E lock, rajairnnr, bar7alOr—lO. ..• Fet71iotnr, r. Vi t’rc’th ‘. eg 1 e for r 7’7a ella Lt’ se £* 1. “e 71ate ol’ r reT. 1; the hlnf 3ecrear. Ji&vra Jovdha, Barialare — 1, , karnatka )ocps C 771], (1 rQfl t of flareataka ) Vi 1 o°ico at 171 D,OD I, Cord io?J kafllo$e — 71, re • 77 177 Threcative )!rcc71r. ,,, n 4,4 t ‘7;— a 4 e9e (.y : i .Iea, tninr:s..a ‘or t—, r. : ‘y tar: , AU.G.!., for let.) Lt Itttf on t’lcd ziav rtjelnq pr t O7 of t e Cnyjo,oyj of I 1ii ‘4th t ffi1avit rrr”r o: Drcli’e t!n the iovgrr.ent o2’e! dt. fl4_2Sa? vidq Az’ onwe ‘ $ rim’ U e l’t resa ronde’Lt jn ypflo’bl tc t:o - eM xo•r )Yd t’ at I • a ent3tlccl to th enefit “ri tin” theraunder an’l nte. L.a .Asnt2r&&t 1. ‘3”i ..‘rrrarps, ‘2iin? Jto”c eernr, (uel ‘o:e’è, !o.2Z8, 44th Cross, St. ..loeL, Javom zr’:, 3in.’.1oteatI.. . i 2.Cot., 7t’- ‘roo’, M 3100, Ra’k iatr, a ... *.L 5 pn+ reLy. ( y Sr’ t c’t’ 1. betc of sPt ate.. a, xc-. ly t!e Ctie° 1ecro’7, it 1 a tie. ‘loittn, ;anr’lo”e — 1. , i’I ta.:-i ‘Joa:r ptpy’astg t1., (Gort. of lar’aa’ i.’trt±% ), .. .l_ - —— —‘e e W WS r • ‘.4— • 1. t”te of tnrnttta, rep. by the ‘Jzt’ef ‘ecrt27, t”dhrs ka ha, .tn3iloreel. • “ruta:a 3oars etqrqeats Ltt., C o’.t. o’ znctsrt wtar. o’, 14.Do, “o.58’1 Clo’d ito d, Zqnwa1o” e 5o rer. 07 V.3 Erocut5ve )ir.ctor. •.. nroidentg. fly 1 r1 K.LqkeLnjn.a”an Mo or flCj ?‘c c ‘r!.t .etftos file’ Uia(! brt31eO 2t’3 fl%e of alla Oon’ttt i xi of It’ia nitl n ifilavit ry”3in .0: )eelare hat :e ‘oft. Orler :o.fl.a. 3 P7(i) 3inealore dated 17.8.67 tv re:.’ : ited S.y tie trt res,o 3)rt I °pniie ‘le t, tfle vbat t rfl l’s .Vtl ‘it V.a:, (i.e qt,t2 i to J’a Vcefl’ iyje C iae1tie t’ M. :j., p(’J’1Z’.Z: P3? flI: ‘gri .. .‘ohar’ “.tte.i Rae, Vo st.. .Icton Rto, a’ed . odt 0 ye r’, t4, “7qerv’ntri”, 7 4i eqflfl I ‘tira, ‘!yiore — 5?) nra. ... Eetitoer. (Thj ri V.11)2 : oiL’ tbr Pctr. 1 •: 1. The “itc o nrttci.’t, ... 5/— - w- —3— a 10 o. o.oYSi, ;:o — 53, rev, by its E’ceut±vn )jroctor. .,. (0;;- h—i, : L:.rL5 -ri ;P.’”3flr* Dr Sbor ti-C!.) 2’ eie “flt Pe’iton° “ite-’ “or r 4 Ietes ‘T-C ( e of Via ostt’ taon o “1t °flt’ ‘ui r±’fdp’jt rnyfnr to: diae t’t t”e ‘o7t. or%eM o 3)3 7 (1) S’?ore •t. ti,? vids nraruro ‘‘ t&o 31. i’ ‘1Sc ‘bla to etitto:.en an. tSr ire q1ttie.i to thn i:enetit wiring there under, tv et’. 1k.L,I4.a;CJt.QL22: :E t C: 1.. )i’irriiaiat, ‘efl02? “gir..cer (P.etd.), t1oe, irth.af.n, sa. Xyaori — 7’ C’. . Y r.’.r,.’Jeaeerereeya, O”fjotc (P,t .D, o$!. ‘t, &t.ikc, £nn’t, t’vn.i. .L’ •‘.- yn’—” C.. , _nf .i.J,!’yu, ‘V “als, FJ;t )zo’, ‘5 i;rinpurai, .1-icr, — 57) nrc. ,.. t’.’.5C An • Ciy I ta.ya 3. t for Ietrn 1 -1/— — s a s —- —— —o re: . y the Irif tncret;lry, 7 dnyi Soidin, inry1ore 1. 9, ?nrnntn:a Doas CE Dntorents d., (1ovt. of harr.ntabCE ritrrnr t r7Iflc to o fie t 10 o,o 4 YCEI, Trend oaJ, ‘‘a]nre — 51, r. iy t- Enerrt!ve JLntor,,., esrocdor’s, (y o’rt, d . for “r 2 fnjr tflVO 1 iao fl .) O4. AL .1 fhs 1t .ettIon filed nder rticles 1: 007 of the Donstitntion of indie trtL an affi’ovit prTOCE to: Declere that the °ovt. CJ 0 r ho.F0 20 23 27(1) ;anrriore, °t. 17.2.27 at nne,b Ien1ed by th 0 1 is w :iicanie to the etiticner end thst he is cntit1 to the benefit a’r! sins lb et.euirder I These ri; IotiflEn s coin on for hearins tb1s a;, the 0o-t ‘e be feIlor-: o : 3 hsr(c,t,) r .0: —1— HLDJ; 02 06 .1998 3375/199...c/ 1993p ORDER Si.nce common que&...ions of fact and law are ino1ved in all these writ petItions they are all ciu•bb•ed heard and disposed off by th.s common order. Petitioners in these writ petitions are retired officials retired from the service of the respondent company. They are all before this Court for a direction to the respondent company to pay them the enhanced gratuity amount enhanced from Rs5O,000 to Rs1O000O by the state Government in its order dated 17O81987. In order to appreciate the contentions and the relief sought for by the petitioners in these writ petitions it may be useful to refer to the facts in L.3P. 3375/1993 Briefly the facts are petitioner had joined the services of the Government Soap Factory some time in the year 1955. The Said Government Soap Factory was taken over by the second 7-7/19 28829/1997 U P —2— respondent Karnataka Soaps and Detergents Limited, Bangalore som’ time in the month of August 1980. While working in the services of the Government Soap Factory petitioners were governed by the Work Service Rules framed by the State Government. After the company was taken over by the second respondent, the respondents had directed the petitioner and similarly placed persons to exercise their option with regard to continue under the Work Service Rules or change over to the service rules of the company. This option is indicated the Government ORder itself which is dated 12O91980. Pursuant to such an option given to the petitioners, I am informed by the learned counsel appearing for the petitioners that they all had opted to b joverned only under Work Service Rules framed by the State Government The State Government in its order No. FD 20 SRS 87(1) Bangalore dated 17 08 1987 wac pleased to enhance the maximum gratuity amount payable to an employee working as a Government Servant either after his retirement from service or after his death to a maximum of Rs1,0O,OOO, Petitioners being of the view that the said Government Order would apply to them in all force ‘ince they were governed by the Work Service Rules framed by the State Government and in view of the orders made by the State Government dated O7O8l96l, have approached the second respondent company interalia requesting them to enhance the gratuity amoung payable to them from Rs5O,OOO to Rs1,OO,OOO. The respondent company has not considered the representations filed by the petitioners for such enhancing. In some of the cases they have issued an endorsement to the effect that they would be considering the request of the petitioners once the financial position of the company would improve. In yet another endorsement they would only say that the company is waiting for a clarification from its registered office as to whether to implement the government order dated l7O8l987 enhancing the gratuity amount payable to retired employees. In yet another endorsement they say that petitioners request for enhancing the gratuity amount will be taken up for consideration when the compaF 1 reaches a break—even level. Since the respondent company had not considered the representations filed by them petitioners had no other alternative but to approach this Court for the reliefs indicated by me ear lLer, Respondents have filed their detailed statement of objections resisting the reliefs sought for by the petitioners .he averments made in the statement of objections need not be 8 —4— noticed by me since the learned counsel appearing for the petitioners vehemently contends before this Court that the respondent company at no point of time had informed the petitioners that they are not entitled for enhancing the gratuity amount and they had not informed the petitioners that they cannot derive any benefit from the Government Order dated l7.O8l987. Learned counsel for petitioners also makes a statement before this Court that the only reason that the respondent company had assigned while issuing the endorsement was that the financial position of the company is bleak and therefore the company will not be in a position to take up representations filed by the petitioners into consideration for enhancing the gratuity amounts and in view of long lapse of time from the date of endorsment till this date the respondent company’s financial position must have been improved and therefore a direction requires to b issued by this Court to the company to consider the representations filed by the petitioners for enhancing the gratuity amount. Learned counsel appearing for the petitioners has urged various other contentions in support of the relief sought in the writ petitions. Those contentions raised by the learned counsel for petitioners need not be noticed by me for the \1 —5- 4 S reason that I intend to direct the respondent company to consider and dispose off the representations filed by the petitioners for enhancing the gratuity amounts from Rs.50,000 to Rs,1 ,00O00/-. Here is a case where petitioners are of the view that they are eligible for the enhanced gratuity amounts as per the government order dated 17.08.1987. Further they are of the view that they are governed by the Work Service Rules. Petitioners have gone before the respondent company by making appropriate representation requesting them to enahcne the grtuity amount from Rs,50000 to Rs.1,00,000. That representations are of the year 1992. Respondent company inmy view should have considered those representations and passed appropriate orders in accordancO with law and in accordance with the rules prevailing during the relevant point of time. Since the respondents have not done anything on the representations filed by the petitioners I am left with no other alternative but to direct the responcent company t consider and dispose off the epresentations filed by the petitioners for enhancing the gratuity amounts from Ps 50,000 to Rs.l 00 000 in accordance with law and in accordance with the rules framed by the company and in accordance with the oovernment “4 orders as expeditiously as possible at any rate within two months from the date of receipt of a copy of this Court’s erder Petitioners are also at liberty to file additional representations before the comapny within one week from today taking up all such contentions which are available to them including the contentions raised in these writ petitions. If such additional representations are filed by the petitioners the respondent company will take up all those representations into consideration while disposing off the representations filed by the petitioners for enahncing the gratuity amounts. With these observations writ petitions are disposed off. Ordered accordingly. Sd! JUDGE LRS/WP3375 93/O3O698..