IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 16720 of 1999(M) ----------------------- PETITIONER: ------------ 1.SHANAVAS C., TICKET NO.4437, H.M.T, KALAMASSERY. 2.M.K.GOPI, TICKET NO.3504, H.M.T., KALAMASSERY. 3.A.K.SUBRAMANIAN, TICKET NO.3394, H.M.T., KALAMASSERY. 4.N.K.PADMANABHAN NAIR ALIAS N.K.P.NAIR, TICKET NO.2828, H.M.T, KALAMASSERY. 5.A.D.RAJ, TICKET NO.2743, H.M.T. KALAMASSERY. BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENTS: ------------- 1.HINDUSTAN MACHINE TOOLS LTD., REP. BY GENERAL MANAGER, KALAMASSERY. 2.HINDUSTAN MACHINE TOOLS LTD., REP. BY DIRECTOR (PERSONNEL) 59, BELLARY ROAD, BANGALORE – 32. BY ADV. SRI.M.PATHROSE MATHAI SRI.SAJI VARGHESE THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.16720/1999 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF ORDER NO.15/97 DT. 18.6.1997 ISSUED BY THE 2ND RESPONDENT. EXT.P2 : TRUE COPY OF COMMUNICATION DT. 8.6.1998 BY THE RESPONDENTS. EXT.P3 : TRUE COPY OF COMMUNICATION DT. 20.5.1999 RECEIVED ON 21.6.1999. RESPONDENTS' EXHIBITS : EXT.R2A TRUE COPY OF SETTLEMENT DT. 23.5.1995 BETWEEN THE MANAGEMENT AND UNIONS. KURIAN JOSEPH, J. ---------------------------------------------- Original Petition No.16720 of 1999 ---------------------------------------------- Dated 4th January, 2008. J U D G M E N T Petitioners are aggrieved by the steps taken by the respondent-Company for recovery of certain alleged excess payments. According to the petitioners, it cannot be said that they had drawn any excess wages, since the payments received by them is only pursuant to rectification of an anomaly in the junior-senior fixation. 2. Be that as it may, the respondent-company has no case that the alleged excess payments were received by the petitioners by playing fraud. They have also no case that such payments were made on any misrepresentation made by the petitioners. The payments have been made during the period from 01.01.1997 to 30.06.1997. In such circumstances, it will be highly inequitable and unjust to permit recovery of such payments bonafide made more than ten years back. Therefore, the original petition is disposed of in terms OP NO. 16720/99 2 of the interim order, leaving the contentions open and clarifying that in the peculiar facts and circumstances of the case, there shall be no recovery of payments already made to the petitioners. C.M.P.No.27261/99 : Closed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- Original Petition No.16720 of 1999 ---------------------------------------------- J U D G M E N T Dated 4th January, 2008.