IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 1007 of 2008(T) ------------------------- PETITIONERS: --------------- 1. VIJAYAMMA.B., LALITHA BHAVAN, KEEZHATTINGAL P.O., ATTINGAL, THIRUVANANTHAPURAM DISTRICT. 2. ANNIE THOMAS.P., K.R.VIHAR, MACHERY, MAVAMCHERY P.O., KANNUR DISTRICT. BY ADV. SRI.SIBY MATHEW SRI.A.A.MOHAMMED NAZIR RESPONDENTS: --------------- 1. ASTRAL WATCHES LIMITED, XXI/154, BEACH ROAD, KASARAGOD-671, REPRESENTED BY ITS MANAGING DIRECTOR. 2. KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION (KSIDC), KESTON ROAD, KAUDIAR, TRIVANDRUM-695 001. ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE FOR R1 & 2 SRI.SAJI VARGHESE FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.1007/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TYPED COPY OF THE LETTER DT. 2.5.1977 EXT.P2. TYPED COPY OF THE ORDER OF PROMOTION DT. 21.12.1990. EXT.P3. TYPED COPY OF THE CONFIRMATION LETTER DT. 29.11.1991. EXT.P4. COPY OF THE REPRESENTATION OF THE 1ST PETITIONER DT. 6.2.1989. EXT.P5. COPY OF THE REPRESENTATION OF THE 2ND PETITIONER DT. 6.2.1989. EXT.P6. COPY OF THE ORDER NO.G.O(MS)No.100/02/ID DT. 5.10.02. EXT.P7. COPY OF THE REPRESENTATION BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT ON 30.6.05. EXT.P7(a). TYPED COPY OF THE REPRRESENTATION BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT ON 30.6.05. /TRUE COPY/ PA TO JUDGE ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 1007 OF 2008 -------------------------- Dated this the 27th day of July, 2010 J U D G M E N T Petitioners were the employees of the first respondent company, which is a subsidiary of the second respondent. On implementation of Ext.P6 voluntary retirement scheme, petitioners along with 32 others applied for voluntary retirement. Their applications were accepted and they were allowed to retire from service with effect from 31.3.2004. However, the benefits were paid only in August, 2004. Subsequently, another batch of employees were granted voluntary retirement with effect from 30.4.2005 and were paid benefits on that basis. 2. The case of the petitioners is that since they were paid all benefits arising out of voluntary retirement only on 17.8.2004, they ought to have been paid benefits reckoning date of retirement as 17.8.2004. It is stated that it was the basis that was adopted in respect of the subsequent batch, who were given voluntary retirement on 30.4.2005. On this basis, petitioners contend that they were discriminated and therefore the company should be directed to pay benefits on the basis that the petitioners retired from service on 17.8.2004. 3. In my view, this claim is not admissible. Admittedly voluntary retirement granted to the petitioners were effective from 31.3.2004. Therefore, any benefits that the petitioners were entitled has to be quantified as on 31.3.2004 and their claim can only be for the monetary WPC No.1007/08 2 benefits till that date. This payment was made to the petitioners on 17.8.2004. That does not mean that the petitioners shall be deemed to have continued in service till 17.8.2004. Admittedly, petitioners have been paid dues as on 31.3.2004 and therefor their claim for subsequent period is unsustainable. 4. In so far as the batch which were given voluntary retirement from 30.4.2005 is concerned, they were granted voluntary retirement from service with effect from 30.4.2005 and payments were made as on that date. Thus it is obvious that both the batches of employees were granted benefits till the date of their retirement and there is no discrimination among them. 5. If, on the other hand, petitioners have a claim that any benefit due to them under Ext.P6 till 31.3.2004 have not been paid, it will be open to the petitioners to move the first respondent, in which event, the claim will be considered and amounts if any due, will be paid within two months from the date of receipt of that claim. The writ petition fails and it is accordingly dismissed. ANTONY DOMINIC (JUDGE) vps WPC No.1007/08 3 WPC No.1007/08 4