IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WA.No. 2423 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11794/2006 Dated 03/07/2007 .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, COASTAL SHIPPING & TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADDL.ADV.GENERAL SRI.RANJITH THAMPAN. RESPONDENT(S): PETITIONERS & 1ST RESPONDENT ------------------------------------------- 1. SHRI. M.P.AMBROSE, BOAT SYRANG, K.S.I.N.C., COCHIN. 2. SHRI. K.A.POULOSE, LASCAR, K.S.I.N.C., THEVARA, COCHIN-15. 3. SHRI. A.K.YAHIYA, INSPECTOR, K.S.I.N.C., KOCHI. 4. K.O.VARGHESE, BARGE DRIVER, K.S.I.N.C., COCHIN. 5. KERALA SHIPPING & INLAND NAVIGATION CORPORATION LTD., GANDHI NAGAR, COCHIN REPRESENTED BY ITS MANAGING PARTNER. ADV. SRI.VAKKOM N.VIJAYAN,SC,KS & INC LTD. FOR R5 SRI.V.J.MATHEW,SC,KSINC(KERALA SHIPPING FOR R.5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/08/2009, ALONG WITH W.A.2446/07 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. Nos.2423, 2430, 2446, 2452 & 2471 of 2007 ---------------------------------------------- Dated 21st August, 2009. J U D G M E N T Kurian Joseph, J. These are writ appeals filed by the State aggrieved by the judgment of the learned Single Judge. The issue essentially pertains to the enhancement of retirement age from 55 to 58. The learned Single Judge, taking note of the fact that the enhancement was made pursuant to the decision taken by the respondent Corporation, in view of the benefit that can be available to the employees under the Employees Provident Fund and Miscellaneous Provisions Act 1952 in case they work upto 58 in the matter of full pension, allowed the writ petitions. Hence the appeals. 2. We find that a Division Bench of this court had considered the very same issue in respect of the very same Corporation, in an appeal arising out of the common judgment dated 3.10.2007 in W.P.C.2336/07. The Division Bench declined to interfere with the order passed by the learned Single Judge. The State attempted for a review. That was also dismissed by order dated 23.1.2009 in R.P.852/08. Now it is brought to our WA NO.2423/07 & connected cases 2 notice that the matter is pending before the Supreme Court in S.L.P.No.12509/09 and connected cases. In that view of the matter, we do not think that this court should address the issue on merits. Both sides submit that they will abide by the decision of the Apex Court in the pending cases referred to above and therefore, the State need not file separate Special Leave Petitions before the Supreme Court. The submissions made on behalf of both sides are recorded and the Writ Appeals are disposed of making it clear that the writ petitioners covered by the appeals will be entitled only to the benefits, if any granted by the Supreme Court in the case referred to above. It is also made clear that the writ petitioners covered by these writ appeals also will be paid the same benefits, if any paid to the writ petitioners covered by the Special Leave Petitions referred to above. In the meanwhile, in case the writ petitioners give an undertaking to the Corporation that in the event of the Supreme Court not granting any benefits in respect of the service rendered by the writ petitioners after they attain 55 years, the emoluments that they receive in excess of the wages now received can be adjusted WA NO.2423/07 & connected cases 3 against the DCRG payable to them, the Corporation will disburse the actual wages in the scale of pay attached to them without any delay. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. Nos.2423, 2430, 2446, 2452 & 2471 of 2007 ---------------------------------------------- J U D G M E N T Dated 21st August, 2009.