IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 29276 of 2006(I) ------------------------------------- PETITIONER: ------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REP. BY ITS DEPUTY LAW OFFICER, SRI. RENJITH JOSEPH. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. RESPONDENT: --------------------- SRI. K.MURALEEDHARAN NAIR, RETD. SENIOR ASSISTANT, K.S.R.T.C., PEROORKADA DEPOT., RESIDING AT TC 5/71, REVI NAGAR, PEROORKADA VILLAGE, PEROORKADA P.O., THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, ALONG WITH W.P.(C). NO. 29282/2006 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29276/2006-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT NO. 139 OF 2006 DTD. 12/01/2006. EXT.P.2: COPY OF THE ORDER NO. LRS/023330/97 DTD. 23/04/2004. EXT.P.3: COPY OF THE COMMON ORDER DTD. 22/08/2006 OF KERALA LOK AYUKTA IN COMPLAINT NO. 139 OF 2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) Nos.29276, 29282, 29283, 29284, 29290, 29901, 29902, 29903, 29904, 29905, 29906, 29907, 29908, 29909, 29910, 29911, 29912, 29913 & 29914 of 2006 ----------------------------------------- Dated this the 27th day of June, 2008 JUDGMENT The Kerala State Road Transport Corporation is the petitioner in all these cases. They are aggrieved by the order passed by the Kerala Lok Ayukta. The issue pertains to the disbursement of the pay revision arrears of retired employees. As per the agreement between the KSRTC and its employees the pay revision arrears are to be credited to the provident fund account of the employees. It is submitted by learned counsel appearing for the respondents that once the amounts are credited to the provident fund account, on retirement the retiring employees are entitled to receive the amount in their provident fund account along with the outstanding interest. There is no dispute with regard to the legal position as submitted by the learned counsel for the respondents. But the submission of the learned Standing Counsel for the KSRTC is that the KSRTC does not have sufficient funds to pay off the amounts. Once the W.P(C)No.29276/2006 & Connected Cases. -:2:- amounts are credited to the provident fund account and that too based on an agreement between the employer and employee, there is no justification in not paying the amounts to the employees on their retirement. At the same time the paucity of funds is also a matter which has to be taken note of, as already observed by the apex court in the case of KSRTC. However, I am of the view that the interests of the parties can be served by passing an order to the effect that before executing a new agreement between the KSRTC and its employees, the obligation arising out of the earlier agreement in the matter of disbursement of the pay revision arrears should be discharged. Therefore, these writ petitions are disposed of making it clear that the petitioner KSRTC shall disburse the pay revision arrears atleast before the finalisation of a fresh agreement between the KSRTC and its employees. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C) Nos.29276, 29282, 29283, 29284,29290, 29901, 29902, 29903, 29904, 29905, 29906, 29907, 29908, 29909, 29910, 29911, 29912, 29913 & 29914 of 2006 ----------------------------------- JUDGMENT 27th June, 2008