Kerala High Court
Leo.P.T vs Kerala Water Authority on 12 March, 2021
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942
WP(C).No.6410 OF 2021(A)
PETITIONER/S:
1 LEO.P.T
AGED 47 YEARS
S/O.THANKAPPAN P.K., PULICKAL HOUSE, N.R.CITY P.O.,
RAJAKKAD, IDUKKI - 685 566.
2 SREEKANTH S.NAIR
AGED 41 YEARS
S/O.SUKUMARAN NAIR, SREEKALALAYAM, NEDUNKANDOM P.O.,
IDUKKI - 683 553.
3 MADHU P.S.
AGED 48 YEARS
S/O.SASIDHARAN PILLAI, THEGANNA MANNIL HOUSE,
PARAKKADAVU, KATTAPPANA, IDUKKI - 685 508.
4 THOMASKUTTY V.C.
AGED 48 YEARS
S/O.CHARIYAN JOSEPH, VALLIYAKULATHIL, VELLAYAMKUDI
P.O., KATTAPPANA, IDUKKI - 685 515.
5 SAJI GOPALAN
AGED 47 YEARS
S/O.GOPALAN, KALADIRAYIL HOUSE, NARIYANPARA P.O.,
IDUKKI - 685 511.
6 SHERI ABRAHAM
AGED 45 YEARS
S/O.ABRAHAM, KUNNUKUZHIYIL HOUSE, N.R.CITY P.O.,
RAJAKKAD, IDUKKI - 685 566.
7 BASIL K.ISSAC
AGED 40 YEARS
S/O.K.K.ISSAC, KADALIKATTIL HOUSE, RAJAKUMARY SOUTH,
IDUKKI - 685 619.
8 ROY JOHN
AGED 49 YEARS
S/O.JOHN, MAKOTTATHIL HOUSE, THOVARAYAR P.O., IDUKKI
- 685 550.
9 SIVAKUMAR P.
WP(C).No.6410 OF 2021
2
AGED 54 YEARS
S/O.S.PICHANDY ACHARY, SIVA NIVAS, PAMBANAR, IDUKKI
- 685 501.
10 AJITH KUMAR V.D.
AGED 47 YEARS
S/O.V.R.DAMODARAN, VADAKKEDATH HOUSE, MILAMALA,
THENGAKKAL P.O., VANDIPERIYAR (VIA), IDUKKI - 685
538.
BY ADV. SRI.S.DILEEP (KALLAR)
RESPONDENT/S:
1 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
THIRUVANANTHAPURAM - 695 033.
2 SUPERINTENDENT ENGINEER
KERALA WATER AUTHORITY, PH CIRCLE, KOCHI - 683 101.
3 CHIEF ENGINEER
CENTRAL DIVISION, KERALA WATER AUTHORITY, ERNAKULAM
- 683 101.
4 THE EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER, PH DIVISION,
SECTION NO.1, KERALA WATER AUTHORITY, THODUPUZHA
EAST, THODUPUZHA, PIN - 685 525.
5 THE ASSISTANT EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER, PH SUB DIVISION,
KERALA WATER AUTHORITY, PEERUMED - 685 531.
SC BENJAMIN PAUL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6410 OF 2021
3
JUDGMENT
Dated this the 12th day of March 2021 This writ petition is filed seeking the following reliefs:-
(i) Issue a writ of Mandamus order or direction or any appropriate writ direct the 2nd respondent to disburse the overtime wages to the petitioners from the month of February 2018 onwards.
(ii) Issue a writ of Mandamus order or direction and thereby direct the 2nd respondent to dispose Exhibit P2 representation submitted by the petitioners within a time frame fixed by this Honourable Court.
2. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the Water Authority.
3. It is submitted by the learned counsel for the petitioners that the petitioners have made a request for payment of overtime wages from February, 2018 onwards. It is submitted that pursuant to Ext.P8 judgment, the overtime wages for the period till January, 2018 have been paid to the petitioners. However, for the period from February, 2018 onwards, inspite of WP(C).No.6410 OF 2021 4 repeated representations, the amounts have not been disbursed to the petitioner.
4. Having heard the learned standing counsel also, there will be a direction to the 2nd respondent to consider and pass orders on Ext.P2 representation preferred by the petitioner seeking overtime wages for the period from February, 2018 onwards. Appropriate orders shall be passed on Ext.P2 representation after hearing a representative of the petitioner through any appropriate means, including video conferencing within a period of two months from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE ssa WP(C).No.6410 OF 2021 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 3/11/2017.
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 24/6/2020.
EXHIBIT P3 THE TRUE COPY OF THE POSTAL RECEIPT DATED 9/7/2020 SHOWING ISSUANCE OF EXHIBIT P2 REPRESENTATION.
EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT DATED 24/6/2020.
EXHIBIT P5 THE TRUE COPY OF THE POSTAL RECEIPT DATED 9/7/2020 SHOWING THE ISSUANCE OF EXHIBIT P4.
EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS 9 & 10 BEFORE THE 5TH RESPONDENT DATED 24/6/2020.
EXHIBIT P7 THE TRUE COPY OF THE POSTAL RECEIPT DATED 9/7/2020 SHOWING THE ISSUANCE OF EXHIBIT P6.
EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT DATED 6/2/2020 IN WPC NO.35632/2019 OF THIS HONOURABLE COURT.