C.P. Rajagopalan v. Chairman & Managing Director, HMT Ltd. & Union of India
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- B.P. Ray
- Judgment Date
- 2012-01-11
- Court Decision / Holding
- This writ petition is dismissed. It is open to the petitioners to claim refund of the amount from the Department, if so advised.
- Final Disposition
- Dismissed
Parties to the Case
Appellants / Petitioners
- C.P.RAJAGOPALAN
- G.RAVINDRAN PILLAI
- K.P.RAVINDRAN
- C.L.JOSEPH
- P.D.JANARDHANAN NAIR
- ANTONY LEON
- V.KRISHNA MOHAN
Respondents
- CHAIRMAN & MANAGING DIRECTOR, HMT LTD., HMT BHAVAN, 59, BILLARY ROAD, BANGALORE - 560 032
- GENERAL MANAGER, HMT LTD., HMT COLONY P.O., KALAMASSERY-683 503.
- UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF INDUSTRY, DEPARTMENT OF PUBLIC ENTERPRISES (WC), 14, CGO COMPLEX, LODI ROAD, NEW DELHI - 110 003.
Legal Representation & Advocates
Counsels for Petitioners
- • Dr. Sebastian Champappilly
- • Sri Antony M. Ambat
Counsels for Respondents
- • Sri M. Pathrose Matthai (Sr.)
- • Sri Saji Varghese
- • Sri Mathews J. Nedumpara
- • Sri S.R. Ajith
Case Synopsis & Summary
This Original Petition (OP No. 10311 of 2002) was filed by seven HMT Ltd. employees challenging the recovery of interim relief, granted in 1999, from their final terminal payments made in 2001. The petitioners contend that the interim relief was intended to be temporary and its deduction from final settlement is not authorized by the scheme or governing rules, thereby causing financial detriment and improper application of relief terms. The respondents, represented by the Chairman & Managing Director and the General Manager of HMT Ltd., defend the practice, arguing that under the applicable scheme the employees had consented to recover the interim relief from the final payment, and point to related office orders and the scheme’s provisions supporting such deductions. The respondents also rely on the Supreme Court decision in A.K. Bindal v. UOI (2003) 5 SCC 163 to justify the approach. After hearing both sides, the High Court follows Bindal and dismisses the petition. The court notes that the petitioners may pursue refund of the recovered amount from the Department if advised. The judgment thus upholds the recovery practice in light of the scheme and binding precedent, while leaving open a potential administrative remedy for the petitioners.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that interim relief granted in 1999 was recovered from their final settlement in 2001, which they assert is unauthorized and contrary to the terms of the scheme and service rules. They claim no valid basis for deduction from terminal benefits and seek refund or restoration of the relief. They rely on the contractual and statutory framework governing pay and allowances and challenge the deduction as improper.
Contentions of Respondents
Respondents contend that under the applicable scheme, employees had agreed to recover the interim relief from their final payment. They rely on office orders and the scheme's terms to justify the deduction and cite the Supreme Court decision in A.K. Bindal v. UOI (2003) 5 SCC 163 to support dismissal of the petition.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| A.K. Bindal v. UOI | (2003) 5 SCC 163 | Positive | Court relied on Bindal to dismiss the petition. |
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