HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.No.21966 of 2001 Date : 25-11-2010 Between : B.Mallesh and 5 others .. Petitioner And H.M.T. Ltd., 59, Ballary Road, Bangalore, rep. by its Executive Director and another. .. Respondents HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.No.21966 of 2001 ORDER: The petitioners were the employees of HMT Ltd., the respondents herein. The respondents introduced special Voluntary Retirement Scheme, pursuant to which petitioners 1, 2 and 4 to 6 took voluntary retirement and the third petitioner was retired on reaching the age of superannuation. It is their case that they are entitled for revised scales of pay, but the respondents failed to pay the same immediately after the retirement on the ground that the company was running in loss and the arrears would be paid as and when profit is earned. Aggrieved by the same, the petitioners have filed this Writ Petition to declare the action of the Respondents in not releasing the arrears with effect from 01-01-1992 till the date of their actual retirement as illegal and to consequently direct to pay the arrears as per their entitlement. It appears that similar grievance was a subject matter of dispute in the High Court of Karnataka. It is stated that the High Court of Karnataka granted the relief in favour of those petitioners. It is also stated that similar relief was also granted by this Court. The respondents carried the matter in appeal to the Supreme Court and the matter ultimately ended in the respondents giving an undertaking to the Apex Court that the entire arrears of all the employees concerned would be cleared in a phased manner according to the seniority of retirement. In the counter-affidavit filed in this Writ Petition it is stated that the 3rd Petitioner, who retired with effect from 28-02-1998, was already paid the arrears and the petitioners 1, 2 and 4 to 6 would also be paid in the said order of seniority. The said statement is placed on record and the Respondents are directed to pay the entire arrears payable to the petitioners 1, 2 and 4 to 6 as per the seniority of retirement. The Writ Petition is accordingly disposed of. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 25th November, 2010. skmr