IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WA.No. 1250 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.16979/2000 Dated 29/01/2009 .................... APPELLANT/PETITIONER ------------------------ N.S.VISWAMBARAN, ANITHA NIVAS, AROOR P.O., ALAPPUZHA. BY ADV. SRI.THAMPAN THOMAS RESPONDENTS/ RESPONDENTS -------------------------- 1. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE OFFICE, K.S.E.BOARD, ALAPPUZHA. 3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, CHERTHALA, ALAPPUZHA. 4. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KUTHIATHODE, ALAPPUZHA. 5. ASSISTANT ENGINEER, ELECTRICAL SECTION, AROOR, ALAPPUZHA. SRI.ASHOK M CHERIAN, SC, KSEB. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. -------------------------------------- W.A.No. 1250 OF 2009 -------------------------------------- Dated, this the 3rd day of July, 2009 J U D G M E N T ~~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner approached this Court claiming payment of incentive allowance for the period from August 1990 to February 1994. The learned Single Judge took the view that with the materials produced in the Original Petition by the appellant, it cannot be found that any amount is due to him. The learned Single Judge took the view that the documents produced are self serving and self prepared statements. So, no reliance can be placed on them, it was held. 2. Having regard to the facts of the case, we feel that the view taken by the learned Single Judge is a plausible view. But, we feel that the petitioner should be given an opportunity to approach the Labour Court or similar other forums claiming the benefit, where evidence can be taken and the genuineness of the claim of the appellant can be decided. To enable the appellant to do that, as requested by him, we allow him to withdraw the Original Petition. The judgment under W.A.No.1250/2009 2 appeal is set aside and the Original Petition is dismissed as withdrawn without prejudice to the rights, if any, of the appellant to move other forums for redressing his grievances. The Writ Appeal is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps