IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WA.No. 460 of 2006(A) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24063/2004 DATED 21/11/2005. .................... APPELLANTS/PETITIONERS IN WP. --------------------------------------------------- 1. P.S. BABY JOSH, RETD.DY.AREA MANAGER, FACT, PANAKKAL HOUSE, 87, VYDYA NAGAR, COCHIN UNIVERSITY.P.O, KOCHI-22. 2. C.B. SATHEESH BABU, RTD.DY.CHIEF MANAGER, FACT, 3/602, USHAS, OPP.PREMIER PLAY GROUNDS, NORTH KALAMASSERY-683 104. 3. R.V.K. THAMPURAN, RTD.CHIEF ENGINEER, FACT, KARTHIKA, 52, JAWAHAR NAGAR, KADAVANTHRA.P.O, KOCHI-682 020. 4. T.V. NEELAKANTAN, RTD.CHIEF ENGINEER, FACT, GEETHANJALI. WARRIAM ROAD, ERNAKULAM, KOCHI-682 016. 5. P.K. JOSEPH, RTD.ASST.SALES MANAGER, FACT, PUTHENPURAYIL, NORTH OF BISHOP'S HOUSE, CHANGANASSERY-686 101. 6. T.P. NANU, RTD.JUNION ENGINEER, FACT, SREE NILAYAM, PARAYIL, CHERAI-683 514. 7. T.K. KASTURI IYER, RTD.DEPUTY GEN.MANAGER FACT, ANANTH, NORTH FORT, THRIPPUNITHURA-682 301. 8. M. KRISHNAN, RTD. DY.MANAGER (STORES), FACT, SREENIVAS, ALAPPRA.P.O, PERUMBAVOOR-683 553. 9. K.V. GANAPATHY, RTD.MANAGER, FACT, VADAKKE KOSERI MADHOM, CHENNAMKULAMGARA, KOSERI LANE, EDAPPALLY.P.O, KOCHI-682 024. 10. P. CHANDRAN, RTD.CHIEF ENGINEER, FACT, ASWATHI, MENON BARI, GLASS FACTORY ROAD, NORTH KALAMASSERY-683104. W.A. NO. 460/2006 11. T.J. DANIEL, RTD.ASST.ENGINEER, FACT, THATTASSERY HOUSE, KONGORAPPILLY-683 525. 12. K.K. KARTHIKEYAN, RTD.JUNIOR ENGINEER, FACT, KAIKOLAMTHURUTHIL, CHERAI-683 513. 13. S. RADHAKRISHNAN NAIR, RTD.DY.GEN.MANAGER FACT, 63, VIDYA NAGAR, COCHIN UNIVERSITY.P.O, KOCHI-682 022. 14. C.A.MANI, RTD.ASST.SALES MANAGER, FACT, 63/51, PALAPARAMBIL ROAD, PACHALAM, KOCHI-682 012. 15. B.S. RAJASEKHARAN NAIR, RTD.DY.CHIEF ENGINEER, FACT, RAJASREE, PADAM ROAD, ELAMAKKARA.P.O, KOCHI-682 026. 16. P.V. POULOSE, RTD.SR.PERSONAL SECRETARY, FACT, PAYYAPPILLY HOUSE, MURAVANTHURUTHU, VADAKKEKARA.P.O, N.PARAVUR-683 522. 17. N. PUNDALIKA RAO, RTD.CHIEF ENGINEER, FACT, 60, VIDYA NAGAR, COCHIN UNIVERSITY.P.O, KOCHI-682 022. 18. R. SATHEESAN, RTD.PLANT MANAGER, FACT, FLAT NO.301, NORTH FORT GARDENS, THRIPUNITHURA-682 301. 19. P.K. SADANANDAN, RTD.ASST.PERSONAL MANAGER, FACT, PULAPPAYIL, "ANAND", MAMANGALAM, PALARIVATTOM, KOCHI-682 024. 20. P.APPUKUTTAN, RTD.DEPUTY MANAGER, FACT, PALAKKAL HOUSE, MAMPULLY PARAMBU, EDAPPALLY.P.O, KOCHI-682 024. 21. K.P. SANKARAN NAIR, RTD.SR.HEAD D'MAN (ELE.), FACT, LAKSHMI SADAN, NANTHIATTUKUNNAM.P.O, NORTH PARAVUR-683 513. 22. K. CHANDRA DAS, RTD.ASST.OFFICER(STORES), FACT, CHANDRA PRABHA, 52, VIDYA NAGAR, COCHIN UNIVERSITY.P.O, KOCHI-682 022. 23. K.G. GEORGE, RTD.FOREMAN, FACT, KACHAPPALLY, MARAKKA PARAMBIL, CHERAI-683 514. W.A. NO. 460/2006 24. EMILION GEORGE, RTD.ASST.MANAGER(PRODN.) FACT, KALLOOR HOUSE, KOTTUVALLY, KAITHARAM.P.O, N.PARAVUR. BY ADV. MR.N.SUGATHAN RESPONDENTS/RESPONDENTS IN WP: --------------------------------------------------------- 1. THE FERTILISERS AND CHEMICALS TRAVANCORE LTD., REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, UDYOGAMANDAL, KOCHI-683 501. 2. THE SECRETARY TO GOVERNMENT, MINISTRY OF CHEMICALS AND FERTILISERS, DEPARTMENT OF FERTILISERS, SASTHRI BHAVAN, NEW DELHI. 3. THE UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT, MINISTRY OF INDUSTRY, DEPARTMENT OF PUBLIC ENTERPRISES, BLOCK NO.14, CGO COMPLEX, LADI ROAD, NEW DELHI-110 003. R2 & R3 BY ADV. MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR. R1 BY ADV. MR.E.K.NANDAKUMAR, SC, MR.A.K.JAYASANKAR NAMBIAR. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2009, ALONG WITH WA NO. 751 OF 2006 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A.NO. 460 OF 2006, W.A.NO. 751 OF 2006, W.A.NO.1055 OF 2006, W.A.NO.1387 OF 2006, W.A.NO.1388 OF 2006, W.A.NO.1605 OF 2006 & W.A.NO.1864 OF 2006 ----------------------------------------- Dated this the 11th day of June, 2009 JUDGMENT Balakrishnan Nair, J. The appellants in these Writ Appeals are retired employees of the first respondent Company (for short, 'FACT'). They retired from service between 1.1.1997 and 30.6.2001. The wages of managerial employees of the FACT were revised notionally with effect from 1.1.1997. The pay revision was implemented only from 1.7.2001, ie., the arrears payable from 1.1.1997 to 30.6.2001 were not released to the managerial employees. The order providing wage revision made an express provision to the effect that the arrears will be released only on the Company making profit consecutively for three years. The appellants, who retired between 1.1.1997 and 30.6.2001, were paid terminal benefits only at the pre-revised rates. They were not paid arrears WA.460/06 & CONNECTED CASES 2 of salary from 1.1.1997 to their date of retirement. Many of the officers approached this Court claiming arrears of salary as also terminal benefits at the revised rates. Those Writ Petitions were allowed ordering to grant terminal benefits at the revised rates. But the claim for arrears of salary was declined for the reason that serving officers were also not paid arrears of salary. The said decision was upheld by the Division Bench of this Court in W.A.No.642 of 2003 and connected cases by judgment dated 9.7.2003. The SLP attempted against that judgment was also dismissed by the Apex Court. The present batch of Writ Petitions were filed claiming reliefs of arrears of salary, owing to the changed circumstances. But the learned Single Judge dismissed the Writ Petitions. Hence, these appeals. 2. We heard the learned counsel on both sides. The learned Standing Counsel for the FACT submitted that the Company is yet to make profit for three consecutive years. According to the appellants, during the last two years, the Company made profits and if this year also the Company makes profits, the condition in the pay revision order for release of arrears of wage revision will be satisfied and the appellants may get consequential benefits. WA.460/06 & CONNECTED CASES 3 3. In view of the Division Bench judgment in W.A.No.642 of 2003 and other connected cases, we feel that the only relief that could be granted to the appellants is a direction to the effect that as and when arrears of wage revision are released to the serving officers, it shall be released to the appellants and other similarly placed retired employees also, who retired from service between 1.1.1997 and 30.6.2001. If any of the officers among the appellants has not been paid terminal benefits at the revised rates, they can bring it to the notice of the first respondent and in that event, in the light of the aforementioned judgment, the first respondent shall release the terminal benefits at the revised rates without delay. The Writ Appeals are disposed of as above. K.BALAKRISHNAN NAIR, JUDGE C.T.RAVIKUMAR, JUDGE vgs.