K.P. Jayarajan vs The Kerala State Warehousing Corporation The Kerala State Warehousing Corporation Vs K.P. Jayarajan

Thottathil B. Radhakrishnan, J.—We have heard learned counsel for the appellant quite in extenso. We have also heard the learned counsel for the respondents as well, even on the merits.

Admittedly, the respondents served the Kerala State Warehousing Corporation till they attained the age of 58 years. They are, therefore, entitled to retiral benefits fixed and paid on the basis of such length of service and last pay drawn on account of such service. In fact, going by the judgment of the learned single Judge, we do not find that there was much dispute on these aspects. The issue raised before the learned single Judge was only in the realm of certain error in calculations, miscalculations etc. However, this appeal is filed as if the Warehousing Corporation may be put to jeopardy, if the retirement age is taken as 58 instead of 55. It is, therefore, pleaded in the appeal that the Corporation will not be able to satisfy the judgment within the limit of three months granted by the learned single Judge. The judgment was delivered by the learned single Judge on 23.05.2013. Today, we are on 14.03.2014, hardly 1= months or so short of one year. With this, the time factor also does not continue to be an issue to comply with the directions of the learned single Judge.

Having found that there is no legal infirmity or error in the judgment of the learned single Judge, we find no ground to interfere with the directions issued by the learned single Judge. Time for compliance of judgment is, however, extended as a last opportunity till 10.04.2014. The Managing Director, Warehousing Corporation is directed to file an affidavit before the learned single Judge, without fail, on 10.04.2014, reporting compliance of the directions in the judgment of the learned single Judge.

This writ appeal is dismissed subject to the aforesaid enlargement of time.