IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 656 of 2005(C) ------------------------ PETITIONER(S): ----------------------- 1. P.K.ANANTHAN, PERINGOTTIL HOUSE, GLASS COLONY, KALAMASSERY P.O. 2. P.A.SUNIL, PERINGOTTIL HOUSE, CLASS COLONY, KALAMASSERY P.O. 3. T.M.SALIM, THAIPPARAMBIL HOUSE, T.O.G. CENTRE, KALAMASSERY P.O. 4. K.A.KHALID, KOTTAMMOLAYIL HOUSE, H.M.T.COLONY P.O., KALAMASSERY. 5. P.K.SASI, PALLANGATU HOUSE, H.M.T. COLONY P.O., KALAMASSERY. 6. M.V.PARAMESWARAN, MOLOTHU HOUSE, H.M.T. COLONY P.O., KALAMASSERY. 7. M.R.SURESH, MOLOTHU HOUSE, H.M.T.COLONY P.O., KALAMASSERY. 8. P.V.MOHANAN, POTTACHALIL HOUSE, UNIVERSITY P.O., KALAMASSERY. 9. AMBIKA MOHANAN, PALLIPARAMBIL HOUSE, T.O.G. PASS ROAD, KALAMASSERY P.O. 10. MARY FRANCEENA, AMMATHADAM(KUZHIKKATHARA KUNUMPURAM, EDAPPALLY NORTH. 11. ELSY SEBASTIAN, KADEPPARAMBIL HOUSE, T.O.G. PASS ROAD, KALAMASSERY P.O. 12. SREEDEVI C.V., CHERUTHATTAYIL HOUSE, KALAMASSERY P.O. 13. MOLY SUNNY, PALLIPARAMBIL HOUSE, MURIKKUMPADAM, AZHEEKKAL P.O., VYPIN. WPC NO.656/05 -2- 14. MINI VIJAYAN, ILLATHUPARAMBIL HOUSE, PALLILAMKARA, FOUR CENTS COLONY, H.M.T.COLONY P.O. 15. K.K.BABU, KOCHIKKARANPARAMBIL, ELOOR NORTH, UDYOGAMANDAL P.O. BY ADV. SMT.T.B.MINI SRI.VINCENT JOSEPH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KALAMASSERY MUNICIPALITY, REP. BY ITS SECRETARY, KALAMASSERY ADV. SRI.M.K.ABOOBACKER FOR R2 GOVT.PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 3/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.656/05 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE ORDER ISSUED BY THE FINANCE (LOANS) DEPARTMENT, GOVERNMENT OF KERALA NO.GO(P) NO.370/2004/FIN. DT 13.8.2004. EXT.P2: TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE GOVERNMENT DATED 6.9.04. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 656 OF 2005 (C) ===================== Dated this the 3rd day of June, 2010 J U D G M E N T Petitioners claim to be working as Contingent Daily waged employees under the 2nd respondent Municipality. It is stated that Government of Kerala have issued Ext.P1 order directing that bonus be paid to employees like the petitioners. It is stated that they were not paid bonus due under Ext.P1 and with that grievance, the writ petition is filed praying for a direction to the 2nd respondent to pay them bonus admissible under Ext.P1. 2. In the counter affidavit filed by the 2nd respondent, in para 3, it is stated thus: As per Ext.P1 sub clause VIII of clause 7, they are entitled to get only Rs.400/- as adhoc bonus. During the last Onam also, they were given the said adhoc bonus. Therefore, the allegation that they were not given bonus is wrong and baseless. 3. It is also stated in para 4 that if the petitioners have any complaint, they can make representations before the Municipality and that in such an event the Municipality will consider the grievances and take appropriate action in the matter. 4. In my view, in the light of the above averments in the WPC No. 656/05 :2 : counter affidavit filed by the Municipality, this writ petition can be disposed of. Accordingly, the writ petition is disposed of recording the statement of the Municipality about the payment they have made and also directing that in the event the petitioners have any grievance regarding the implementation of Ext.P1, it will be open to the petitioners to move the Municipality, in which event, the Municipality will take appropriate action. ANTONY DOMINIC, JUDGE Rp