IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS WRIT PETITION NOs.36530-36708/2016(S-RES) C/W WRIT PETITION NO.53708/2013(S-R) IN W.P. NOs.36530-36708/2016 BETWEEN 1. NATIONAL CONFEDERATION OF EX- EMPLOYEES ASSOCIATION NO 207,1ST STAGE, BEML LAYOUT BASAVESHWARANAGARA BENGALURU - 560079 REPRESENTED BY ITS HONORARY WORKING PRESIDENT, SRI M NAGARAJ 2. SRI K V HIRIYANNAIAH S/O SRI K N VENKATARAMAIAH AGED 61 YEARS NO 362, 5TH STAGE, BEML LAYOUT, R R NAGAR BANGALORE - 560098 3. SRI S GURUPRAKASH S/O SRI S SUBRAMANYAM AGED 68 YEARS NO RB-2, SANTARAMAGAN PLACE OFF BANNERGHATTA ROAD, CHIKKAKAMMANAHALLI, SOS POST, (NEXT TO MARUTHI DENTAL COLLEGE) BANGALORE - 560076 4. SRI N S KUMAR S/O SRI R S BHAGAVAN AGED 67 YEARS # 1297, 5TH CROSS, 5TH STAGE, RAJARAJESHWARI NAGAR BANGALORE - 560098 5. SRI B S JAGANNATHA S/O B N SRINIVASAIAH AGED 63 YEARS NO 110,6TH MAIN, BEML LAYOUT 3RD STAGE, RAJARAJESHWARI NAGAR BANGALORE - 560098 6. SRI M S RANGANATHA RAO S/O SRI M SURAPPA AGED 68 YEARS NO 7, ANUGRAHA, CHANDRASHEKARAN ROAD, BEML LAYOUT, 3RD STAGE RAJARAJESHWARI NAGAR BANGALORE - 560098 7. SRI FREDERICK D’ MELLO S/O MARCEL D’ MELLO AGED 67 YEARS H. NO. 3740, SHANTHINAGAR BANGARPET - 563114 8. SRI N SHIVASHANKARAIAH S/O SRI NANJUNDAIAH AGED 66 YEARS NO 1343, BEML LAYOUT, 3RD STAGE , RAJARAJESHWARI NAGAR BANGALORE - 560098 9. SRI K SUDHAKER S/O RAMACHANDRA RAO AGED 68 YEARS # 310, SHIVASHREE GARDEN APARTMENTS, BLOCK II, 1ST MAIN ROAD, 4TH CROSS ROAD, CHANDASHEKHAR BLOCK, BEML LAYOUT, 5TH STAGE, RAJARAJESHWARI NAGAR, BANGALORE - 560098 10. SRI KESHAVAN R C S/O SRI K V RAMACHANDRAN, AGED 68 YEARS, NO 149, NEHRU ROAD, BEML LAYOUT, 3RD STAGE RAJARAJESHWARI NAGAR BANGALORE - 560098 11. SRI K GOPALAKRISHNA S/O LATE SRI N KRISHNAPPA AGED 66 YEARS ’SHARADA’ ,297, 1ST ‘B’ CROSS, 4TH MAIN, 6TH BLOCK, 2ND PHASE, BSK 3RD STAGE BANGALORE - 560085 12. SRI B SRINIVASACHARYA S/O SRI B VENKATACHARYA AGED 68 YEARS # 294, 11TH MAIN , 3RD STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE - 560098 13. SRI VISWANATHA RAO S/O SRI M V RAMA RAO AGED 67 YEARS # 1543, 1ST CROSS, 6TH MAIN ROAD, 1ST PHASE, BEML 5TH STAGE RAJRAJESHWARI NAGAR BANGALORE - 560098 14. SRI SHANKARA C N S/O NARASIMHA SHASTRY AGED 67 YEARS #1059, SUKRUTHI , 5TH STAGE, 2ND PHASE, 4TH CROSS, BEML LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE - 560098 15. SRI V RAMAMURTHY S/O SRI V SAMBAIAH AGED 67 YEARS, NO 760, 2ND MAIN, 5TH CROSS, BEML LAYOUT, 3RD STAGE, RAJARAJESHWARI NAGAR BANGALORE - 560098 16. SRI M GANGAIAH S/O SRI MUNISIDDAIAH AGED 67 YEARS NO 203, 2ND CROSS, 7TH MAIN, BEML 5TH STAGE, RAJARAJESHWARI NAGAR BANGALORE - 560098 17. SR M KALEGOWDA S/O SRI MUNINARAYANAPPA AGED 66 YEARS NO 1614, 2ND MAIN, BEML LAYOUT, 5TH STAGE 1ST PHASE, RAJARAJESHWARI NAGAR BANGALORE - 560098 18. SRI V JAYAKUMAR S/O LATE SRI P VENUGOPAL AGED 66 YEARS NO 109, 1ST CROSS, BEML LAYOUT, 4TH STAGE, 1ST PHASE, RAJARAJESHWARI NAGAR BANGALORE - 560098 19. SRI K S MADHAVA RAO S/O SRI K SRINIVASA RAO AGED 68 YEARS # 701, BEML LAYOUT, 4TH STAGE, RAJARAJESHWARI NAGAR BANGALORE - 560098 20. SRI A VISWANATHA S/O SRI SESHAGIRIYAPPA AGED 68 YEARS # 974, 2ND CROSS, 9TH MAIN ROAD, BEML LAYOUT 3RD STAGE RAJARAJESHWARI NAGAR BANGALORE - 560098 21. SRI VAIDYANATH G N S/O NAGAPPA G R AGED 69 YEARS # 205, VARAGARDENS, KRISHNA RESIDENCY,II BLOCK CHENNASANDRA RAJARAJESHWARI NAGAR, BANGALORE - 560098 22. SRI G S SATYAPRAKASH S/O SRI G A SEETHARAMAN AGED 66 YEARS NO 4, RISHAB BLESSINGS APARTMENT, 2D, 1ST CROSS, IDEAL HOMES, RAJARAJESHWARI NAGAR, BANGALORE - 560098 23. SRI B KOTEGOWDA S/O SRI BORALINGEGOWDA, AGED 67 YEARS, # 90, SAMRUDHI, 2ND PHASE, 7TH STAGE OPP TO VASTHULAVENDER (APMNT) MYLASANDRA, BANGALORE - 560059 24. SRI SHARABHA CHARY S/O SRI SHANKARAPPA AGED 68 YEARS # 94, 1ST PHASE, 5TH STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE - 560098 25. SRI ABDULKHADER BAIG S/O LATE SRI ABDULRAVOOF BAIG AGED 67 YEARS NO 2063, DR VENUGOPAL ROAD, CAMPING GROUND, BANGARPET - 563114 26. SRI R NATARAJAN S/O SRI RAMASAMY AGED 68 YEARS NO 2863, 13TH MAIN ROAD, E BLOCK, 2ND STAGE, RAJAJINAGAR BANGALORE - 560010 27. SRI M K VASUDEVAN S/O K KUNCHAN AGED 68 YEARS NO 363, 9TH CROSS, MAHALAXMI LAYOUT BANGALORE - 560086 28. DR K C VASUDEV SETTY S/O SRI. K V CHINNA SWAMY SETTY # 140, 1ST ‘E’ CROSS, 5TH MAIN, 2ND PHASE, 4TH BLOCK, BSK 3RD STAGE BANGALORE - 560085 29. SRI RAJASHEKARAIAH S/O SRI THIMME GOWDA AGED 67 YEARS #A109, SLR COMFORTS APARTMENT, OPP ADITHYA BAKERY, KENGERI TO UTTARAHALLI MAIN ROAD, RAJARAJESHWARI NAGAR BANGALORE - 560098 30. SRI D N KRISHNA KUMAR S/O SRI D N IYENGAR AGED 66 YEARS #338/A, 7TH CROSS, 2ND MAIN, SRINIVASANAGAR BSK 1ST STAGE BANGALORE - 560050 31. SRI G A RAMAIAH S/O SRI G R ANANTASWAMY IYER AGED 67 YEARS C/O G A SRINIVASA IYER NO 18, 5TH MAIN, SHAKAMBARINAGAR, J P NAGAR, 1ST PHASE BANGALORE - 560078 32. SRI ANTHONY CRUZE S S/O SRI SAVERYAPPAN AGED 67 YEARS NO 5/1, 187, SAMANNA COMPOUND NETHRAVATHI STREET UDHAYANAGAR BANGALORE - 560016 33. SRI S MANJUNATHA S/O SRI Y C S SASTRY AGED 67 YEARS # 381, 24TH B CROSS, 9TH MAIN, BSK 2ND STAGE BANGALORE - 560070 34. SRI Y N S KUMAR S/O SRI Y S NARAYANA RAO AGED 66 YEARS NO 3C HILLCREST MANOR 38, SHANKAR MUTT ROAD, SHANKARAPURAM BANGALORE - 560004 35. SRI B PRAKASH S/O LATE SRI BASAVALINGE GOWDA AGED 68 YEARS NO 769,17TH CROSS, 16TH MAIN ROAD, 2ND STAGE BANASHANAKRI BANGALORE - 560070 36. SRI VASANT SHAMARAO KULKARNI S/O SRI S N KULKARNI AGED 68 YEARS HOUSE NO 1324, 7TH MAIN, BEML 3RD STAGE, RAJARAJESHWARI NAGAR BANGALORE - 560098 37. SRI C R NATARAJAN S/O LATE SRI N RAMA IYER AGED 68 YEARS NO 46/A, 4TH CROSS, NAVODAYANAGAR, KOTHANUR DINNE MAIN ROAD, J P NAGAR, 7TH PHASE, BANGALORE - 560076 38. SRI P V SATHYANARAYANA S/O LATE SRI P N VENKATESHAIAH AGED 68 YEARS # 36/22, F-2, SRIRAM APARTMENT 3RD MAIN, PAPU COTTAGE KANAKAPURA ROAD, BASAVANAGUDI BANGALORE - 560004 39. SRI N SOMASHEKAR S/O SRI B M NARASIMHASWAMY AGED 65 YEARS NO 346, 6TH MAIN ROAD, 1ST STAGE, KHB COLONY, BASAVESHWARANAGAR BANGALORE - 560079 40. SRI INDRASENA RAJ S/O LATE SRI H B SURAPPA JAIN AGED 69 YEARS NO 160, ABHINANDANA, 8TH MAIN ROAD,BEML LAYOUT, BASAVESHWARANAGAR BANGALORE - 560079 41. SRI SHRIDHAR NARAYAN BHAT S/O SRI N D BHAT AGED 67 YEARS NO 268, 13TH CROSS, BEML LAYOUT, BASAVESHWARANAGAR BANGALORE - 560077 42. SRI KAMATH V J S/O LATE SRI JANARDHAN KAMATH AGED 67 YEARS # 168, BEML LAYOUT, 8TH MAIN, BASAVESHWARANAGAR BANGALORE - 560079 43. SRI N VINAYAGAMOORTHY S/O LATE SRI G NATESHA MUDALIAR, AGED ABOUT 69 YEARS, NO.376,15TH CROSS, BEML LAYOUT, BASAVESHWARANAGAR, BANGALORE-560079 44. SRI R V SRINIVASAN S/O SRI L VENKATAPPA, AGED ABOUT 69 YEARS, NO.177, 8TH MAIN, BEML LAYOUT, BASAVESHWARANAGAR, BANGALORE-560079 45. SRI NARAYANACHARYA GRAMAPUROHIT S/O SRI SWAMIRACHARYAA GRAMAPUROHIT AGED ABOUT 66 YEARS, # 470, BEML LAYOUT, 16TH CROSS, WEST OF CHORD ROAD, BASAVESHWARANAGAR, BANGALORE-560079 46. SRI Y RAGHAVUDU S/O SRI Y SUBRAMANYAM, AGED ABOUT 68 YEARS, NO.71, LIG 1ST STAGE, 5TH ‘B’ CROSS, KHB COLONY, BASAVESHWARANAGAR, BANGALORE-560079 47. SRI S MOHAN SUBRAMANI S/O LATE SRI K SUBRAMANI, AGED 67 YEARS, ANUGRAHA, # 1619, 30TH CROSS, HBR LAYOUT, 5TH BLOCK, BANGALORE-560043 48. SRI J MOHAN RAO S/O SRI N R JAGTAP, AGED ABOUT 67 YEARS, # 27/3, SHIVALAYA NEAR, GOVT HIGH SCHOOL, BEHIND KAKRI BAKERY, IMMADIHALLI, WEST END, IMMADIHALLI, BANGALORE-560066 49. SRI H VENKATESHA KAMATH S/O SRI K VASUDEVA KAMATH, AGED ABOUT 66 YEARS, #534, MATHRUCHALY, 7TH MAIN, BEHIND BALAJI TEMPLE, BEML LAYOUT, THUBARAHALLI, BANGALORE-560066 50. SRI RAMESH CHANDRA SUTHAR S/O SRI RADHA KRISHNA, AGED ABOUT 69 YEARS, #261, 7TH MAIN, BEML LAYOUT, 6TH STAGE, THUBARAHALLI, BANGALORE-560066 51. SRI P N VIDHU NARAYANAN S/O LATE SRI PADMANABHAN, AGED ABOUT 66 YEARS, NO.13, BBMP 385, 8TH CROSS, VIGNAN NAGAR, NEW THIPPASANDRA POST, BANGALORE-560075 52. SRI P KUMAR S/O SRI PANDURANGAM, AGED ABOUT 67 YEARS, FLAT NO.16, PSS PINNACLE, NO.20, BHOOMI REDDY COLONY, PARALLEL TO RAMA TEMPLE STREET, NEW THIPPASANDRA MAIN ROAD, HAL 3RD STAGE, BANGALORE-560075 53. SRI KRISHNAMURTHY A V S/O SRI A V VEDACHALLAM, AGED ABOUT 67 YEARS, NO.1129, 1ST ‘A’ CROSS, 1ST BLOCK, HAL 3RD STAGE, BANGALORE-560075 54. SRI SYED ZACKRIA S/O SRI SYED ABDUL RAHIM, AGED ABOUT 68 YEARS, NO.132, FATHIMA LAYOUT, 14TH CROSS, GOVINDPURA MAIN ROAD, ARABIC COLLEGE POST, BANGALORE-560045 55. SRI A MARIA NESAN S/O SRI S A AROKIASWAMY AGED 69 YEARS,NO.1685, HAL 3RD STAGE, 9TH MAIN, 4TH A CROSS, NEW THIPPASANDRA, NEAR GANDHIJI PARK, BANGALORE-560075 56. SRI THANKACHAN M G S/O LATE SRI OOMMAN GEEVARGHESE, NO.812, 5TH CROSS, TULSI THEATRE ROAD, NARAYANA REDDY LAYOUT, MARTHAHALLI, BANGALORE-560037 57. SRI P A PADMA RAJAN S/O LATE SRI K A MAIMAL, AGED ABOUT 69 YEARS, NO.27, ASHIRWAD, 3RD CROSS, DUGALAMMA TEMPLE STREET, PEENYA 3RD PHASE, BANGALORE-560058 58. SRI RAJAH CHANDRA MOHAN S/O SRI RAJAN KETHARANARAYANA SETTY, AGED 68 YEARS FLAT NO.104,SWARAGANGA APARTMENTS, 1ST MAIN, 4TH CROSS, JAKKASANDRA, KORAMANGALA , 1ST BLOCK, BANGALORE-560 034 59. SRI B S SHIVA KUMAR S/O SRI M B SIDDAGANGAPPA, AGED 67 YEARS NO.1092, 6TH MAIN ROAD, BEML LAYOUT RAJARAJESHWARI NAGAR, BANGALORE-560 098 60. SRI G V CHANDRASHEKAR S/O SRI G VASUDEVA RAO, AGED 66 YEARS, NO.152,VIDYASHREE, 8TH CROSS, 2ND MAIN, KENGERI SATELLITE TOWN, BANGALORE-560 060 61. SRI K KOMALA S/O SRI H V KRISHNAPPA, AGED 57 YEARS NO.898, 3RD STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560 098 62. SRI K R SWAMY S/O SRI K RANGACHAR, AGED 68 YEARS NO.41, R.K.SHELTERS, 7TH MAIN, KUVEMPUNAGAR, DOIDDAKALLASANDRA BANGALORE-560 062 63. SRI A R SUBBA RAO S/O SRI A V RAMACHANDRA RAO, AGED 67 YEARS, # 310,11TH MAIN, 3RD STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-60 098 64. SRI V.K.L.N. PRASAD S/O SRI V L KRISHNAMURTHY, AGED 67 YEARS NO.5/9, 3RD STAGE, NEAR SHOPPING COMPLEX, BEML LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560 098 65. SRI RAMACHANDRA REDDY K S/O SRI SUBBARAMI REDDY K, AGED 66 YEARS NO.6/A, 5TH CROSS,14TH MAIN, JYOTHI NAGAR,CHANDRA LAYOUT, BANGALORE-560 072 66. SRI A BADRINARAYANA S/O SRI A RAMACHAR, AGED 67 YEARS SITE NO.531,FLAT NO.204, RAJARAJESHWARI ENCLAVE, NEAR B.R. TEMPLE, 27TH CROSS, 42ND MAIN, IDEAL HOME SECTOR "C" BANGALORE-560 098 67. SRI BHASKAR PRASAD S/O SRI G SRINIVASULU, AGED 67 YEARS NO.1354, 5TH STAGE,1ST PHASE, BEML LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560 098 68. SRI M NAGARAJ S/O LATE SRI MALLAIAH M.S. AGED 65 YEARS NO.207,1ST STAGE, BEML LAYOUT, 10TH CROSS, BASAVESHWARANAGAR, BANGALORE-560 079 69. SRI MURALIDHAR S/O LATE SRI H L RAMACHANDRA RAO AGED 67 YEARS NO.155,2ND CROSS,2ND MAIN ROAD, V.H.B.C.S.LAYOUT, WEST OF CHORD ROAD, 2ND STAGE,BANGALORE-560 086 70. SRI M JAYARAMACHAR S/O LATE SRI M BHEEMACHAR AGED 66 YEARS NO.273,4TH MAIN, 13TH CROSS, BEML LAYOUT, 1ST STAGE, BASAVASHWARANAGAR, BANGALORE-560 079 71. SRI K P PADMANABHAN S/O LATE SRI M GANGADHARAN AGED 68 YEARS NO.325/30, BECS MILLENNIUM APARTMENT, 5TH MAIN, 10TH CROSS, BASAVESHWARANAGAR, BANGALORE-560 079 72. SRI S MASILAMANI S/O SRI S SHIVANANTHAM AGED 67 YEARS NO.171,BEML LAYOUT, 8TH MAIN ROAD, 3RD STAGE,4TH BLOCK, BASAVESHWARANAGAR, BANGALORE-560 079 73. SRI K N NATARAJAN S/O SRI K .H NARAYANA SETTY, AGED 67 YEARS, NO.23, 8TH CROSS, 3RD MAIN, BEML LAYOUT, 1ST STAGE, BASAVESHWARANAGAR, BANGALORE-560079.
74. SRI SATHYANARAYANA SETTY M M S/O SRI MUNIKRISHNAIAH SETTY M V, AGED 67 YEARS, #14, NHCS LAYOUT, 15TH MAIN, 3RD STAGE, 4TH BLOCK, BASAVESHWARANAGAR, BANGALORE-560079.
75. SRI K C MEDAPA S/O LT.COL. K.M.CHENGAPA, AGED 68 YEARS, NO.276,17TH CROSS, SADASHIVANAGAR, BANGALORE-560080.
76. SRI M N SELVANARAYANAN S/O LATE SRI. M.N.ALASINGARACHARI, AGED 68 YEARS, NO.325, BECS MELLENNIUM APARTMENT, (FLAT NO.18), 5TH MAIN, 1ST STAGE, BEML LAYOUT, BASAVESHWARANAGAR, BANGALORE-560079.
77. SRI P BAYYA REDDY S/O SRI PAPANNA, AGED 67 YEARS, NO.79,14TH "E" MAIN, 2ND PHASE, WEST OF CHORD ROAD, MAHALAKSHIPURAM, BANGALORE-560086.
78. SRI T RAMACHANDRA MAYYA S/O SRI.T.VISHUMOORTHY MAYYA, AGED 67 YEARS, NO.1047, "VISHNU KRUPA", NEAR CORPORATION BANK, 10TH "A" CROSS, 5TH MAIN, VIJAYANAGARA 1ST STAGE, MYSORE-570017.
79. SRI R JANARDHANA SRI K.N.RAMA SETTY, AGED 65 YEARS, NO.823, 6TH MAIN, 2ND CROSS, ARAVINDA NAGAR, MYSORE-570023.
80. SRI P C LINGANNA S/O SRI SIDDAPPA, AGED 69 YEARS, NO.138/5, 4TH MAIN, 1/A CROSS, 1ST BLOCK, RAMAKRIRSHNA NAGARA, MYSORE-570022.
81. SRI RAMACHANDRA B S/O SRI ANANTHARAMA BHAT, AGED ABOUT 68 YEARS, #170, 6TH CROSS, ‘A & B’ BLOCK NAVILU RASTE, KUVEMPUNAGARA MYSORE 570 023.
82. SRI S SOMU S/O SRI M.L.SIDDACHAR, AGED 69 YEARS, #66, 1ST FLOOR, 2ND CROSS, 2ND STAGE,BEML LAYOT, BASAVESHWARANAGAR, BANGALORE-560079.
83. SRI J LAKSHME GOWDA S/O SRI JAVARE GOWDA, AGED 69 YEARS, #1776, MATHRUSHREE NILAYA, HAMPI CIRCLE ROAD, HEBBAR 2ND STAGE, MYSORE-570017.
84. SRI N R SRIVATHSALA S/O SRI.N.D.RANGASWAMY SETTY, AGED 66 YEARS, NO.M1281, 6TH MAIN, 3RD CROSS, VIVEKANANDA NAGAR, MYSORE-570023.
85. SRI J KASINATH S/O LATE SRI K.JAGANNATH, AGED 66 YEARS, #271, UPSTAIRS, J.H.B.C.S. LAYOUT, 2ND MAIN, KADIRANEHALLI, J.P.NAGAR POST, BANASHANKARI 2ND STAGE, BANGALORE 560078.
86. SRI ANANTHA KUMAR S/O SRI VENKANNA, AGED 68 YEARS, M.I.G.-23, 1ST "B" MAIN ROAD, "E" AND "F" BLOCK, RAMAKRISHNA NAGAR, MYSORE-570022.
87. SRI K R SRINIVASA MURTHY S/O SRI K.RAMABHATTA, AGED 67 YEARS, NO.3369, 20/E MAIN ROAD, VIJAYANAGAR 2ND STAGE, MYSORE-577116.
88. SRI.K.GOPALAKRISHNA RAO S/O LATE SRI K.VENKATA RAO, AGED 67 YEARS, ’SRI VAISHNAVI’, # 10, BLOCK-9, BEML LAYOUT, SRIRAMAPURA 2ND STAGE, MYSORE-570 023.
89. SRI.G.N.NAGARAJ S/O LATE SRI G.NARASIMHAIAH, AGED 67 YEARS, NRUSIMHA, #8, BLOCK-16, BEML LAYOUT, 1ST STAGE, SRIRAMPURA 2ND STAGE, MYSORE-570 023.
90. SRI.K.N.VEERABHADRAPPA S/O SRI.K.N.NANJAPPA, AGED 67 YEARS, #176/S, 25TH CROSS, HEBBAL 2ND STAGE, (NEAR SANKRANTHI CIRCLE) MYSORE-570 017.
91. SRI.B.S.SHANKARA S/O LATE SRI B.S.SRIKANTAIAH, AGED 68 YEARS, NO.148, 3RD MAIN, KUVEMPUNAGAR, 2ND STAGE, MYSORE-570 023.
92. SRI.VISWESWARAIAH S.P. S/O SRI PUTTANNAIAH, AGED 66 YEARS, MIG 115, 2ND MAIN, 5TH CROSS, 1ST BLOCK, RAMAKRISHNA NAGARA, MYSORE-570 022.
93. SRI.R.MURALIDHARA S/O SRI V.RAMANNA, AGED 66 YEARS, NO.11, BLOCK NO.20, “SRINIVASA”, BEML LAYOUT, SRIRAMAPURA 2ND STAGE, MYSORE-570 023.
94. SRI.B.K.RAGHAVENDRA S/O SRI B.KRISHNAMURTHY, AGED 67 YEARS, NO.21, BLOCK NO.24, “ASHIRVADA”, BEML LAYOUT, SRIRAMAPURA 2ND STAGE, MYSORE-570 023.
95. SRI.H.S.SRIDHARA MURTHY S/O LATE SRI H.SRINIVASA MURTHY, AGED 66 YEARS, #3600, 1ST CROSS, 19TH MAIN, BEHIND SRI GANESHA TEMPLE VIJAYANAGAR 2ND STAGE, MYSORE-570 017.
96. SRI.K.M.LALU S/O SRI K.P.MANDAPPA, AGED 66 YEARS, NO.1797, 10TH MAIN, VIJAYANAGAR 2ND STAGE, MYSORE-570 017.
97. SRI.G.M.NATARAJAN S/O LATE SRI S.MUNISWAMY IYER, AGED 68 YEARS, DOOR NO.181, 2ND MAIN, 10TH CROSS, GOKULAM 3RD STAGE, MYSORE-570 002.
98. SRI.A.V.RAJASHEKARA S/O SRI A.R.VEERANNA, AGED 68 YEARS, D.NO.1451, “NIRANJANA KRUPA”, CHAMUNDESHWARI TEMPLE ROAD, NEAR KAVERI CIRCLE, HEBBAL 2ND STAGE, MYSORE-570 017.
99. SRI.H.S.PRANESHA RAO S/O SRI H.S.SHAMASUNDARIAH, AGED 66 YEARS, NO.183/21, “SHREERAKSHA”, MADHUVANA LAYOUT, DEVAIAHNA HUNDI ROAD, SHREERAMPURA MYSORE-570 023.
100. SRI PRABHAKARA K.G.
S/O LATE SRI GUNDAPPA K, AGED 66 YEARS, #43, BLOCK 24, BEML LAYOUT, SRIRAMAPURA, 2ND STAGE, MYSORE-570 023.
101. SRI.K.V.SREENIVASAIAH, S/O C.VENKATARAVANAIAH, AGED 69 YEARS, NO.5537, MIG, 1ST STAGE, VIJAYANAGAR, 4TH CROSS, 3RD MAIN, MYSORE-570 017.
102. SRI.R.ASHOKA S/O LATE SRI.G.SREENIVASAMURTHY AGED 68 YEARS, NO.1051, “SRUSHTI”, BEML LAYOUT, 2ND STAGE, RAJARAJESHWARI NAGAR, MYSORE-570 022.
103. SRI RANGASAMY SETTY M S/O LATE SRI YAMA SETTY H K AGED 67 YEARS, # MIG 76,SHRADADEVI NAGARA (NORTH), “SRI RANG”, MYSORE-570022 104. SRI SAMPATHKUMAR A S/O SRI Y J ARTHUR AGED 67 YEARS, NO.1169, LALITHADRI ROAD, 3RD CROSS, KUVEMPUNAGAR MYSORE-570023 105. SRI M K BALAKRISHNA S/O SRI M KUPPUSWAMY AGED 66 YEARS, # MIG-68, 2ND MAIN SHARADADEVI NAGAR (NORTH) MYSORE-570022 106. SRI M V VENKATAGIRI SRI M V VENKATACHALIAH AGED 66 YEARS, NO.306, 18TH CROSS, 2ND STAGE, J P NAGAR MYSORE-570031 107. SRI B N KRISHNAMURTHY S/O LATE SRI B NARASIMHA MURTHY AGED 67 YEARS, NO.1430, 5TH CROSS, 5TH STAGE, 1ST PHASE RAJARAJESHWARI NAGAR BANGALORE-560098 108. SRI N G VENKATESHWARALU S/O LATE SRI NAMA GOVINDIAH AGED 67 YEARS, # 1086, 3RD STAGE, 6TH MAIN, R KRISHNAPPA BLOCK, BEML LAYOUT, RAJAJESHWARI NAGAR BANGALORE-560098 109. SRI S BASAVARAJ S/O SRI S HUCHAPPA AGED 68 YEARS, # 62, 1ST MAIN, BEML LAYOUT, 10TH STAGE, CHANNASANDRA, RAJARAJESHWARI NAGAR BANGALORE-560098 110. SRI H S NAGARAJA RAO S/O SRI H SESHAGIRI RAO AGED 68 YEARS, NO.1466, 1ST PHASE, 5TH STREET, 7TH MAIN, 3RD CROSS, BEML LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560098 111. SRI N R REVANNA S/O SRI R TEVANASIDDAIAH AGED 68 YEARS, # 1471, 8TH MAIN, 3RD CROSS, 1ST PHASE, 5TH STAGE, BEML LAYOUT RAJARAJESHWARI NAGAR BANGALORE-560098 112. SRI M L PHANIRAJ S/O SRI M R LINGAPPA SETTY AGED 68 YEARS, NO.691, 3RD CROSS, 2ND MAIN, BEML LAYOUT 3RD STAGE, RAJARAJESHWARI NAGAR BANGALORE-560098 113. SRI A NARAYANA SWAMY S/O SRI G ASHWATHAPPA AGED 69 YEARS, NO.1111, 5TH MAIN, BEML LAYOUT, 3RD STAGE, RAJARAJESHWARI NAGAR BANGALORE-560098 114. SRI K RAMAKRISHNA S/O SRI K CHANDRASEKHARACHAR AGED 69 YEARS, NO.469/29, “HOMBELAKU”, KALIDASA LAYOUT 2ND MAIN, 3RD CROSS, KATTIGENA HALLY YELAHANKA BANGALORE-560064 115. SRI N SHIVASWAMY S/O LATE SRI BASAPPA AGED 66 YEARS, NO.475, J NEHRU ROAD, OPP: SUB REGISTRAR’S OFFICE, BEML LAYOUT 3RD STAGE, RAJARAJESHWARI NAGAR BANGALORE-560098 116. SRI S G JAGAJAMPI S/O LATE SRI GURULINGAPPA AGED 69 YEARS, # 152, 1ST CROSS, 4TH MAIN, BEML 10TH STAGE, NEAR SRINIVASAPURA CROSS RAJARAJESHWARI NAGAR BANGALORE-560098 117. SRI KRISHNAMURTHY RAO N S/O SRI MARASIMHAMURTHY RAO N AGED 66 YEARS, # 702, VADIRAJA KRUPA JAWAHARLAL NEHRU MAIN ROAD 4TH STAGE, BEML LAYOUT RAJARAJESHWARI NAGAR BANGALORE-560098 118. SRI C GUNDANNA S/O LATE SRI R C SASTRY AGED 67 YEARS, NO.868, 6TH MAIN, 9TH CROSS, 3RD STAGE BEML LAYOUT, RAJARAJESHWARI NAGAR BANGALORE-560098 119. SRI S V GOPAL S/O SRI S V VENKATARAMANAIAH AGED 69 YEARS, NO.1190, KALINA HEIGHT, FLAT NO.F-1, 1ST MAIN, 5TH STAGE, RAJARAJESHWARI NAGAR BANGALORE-560098 120. SRI K VENKANNA S/O SRI K KUMARASWAMY AGED 67 YEARS, DOOR NO.969, 8TH CROSS, SWARNA NAGAR, ROBERTSONPET K G F 563122 121. SRI K R SADANANDAN S/O SRI RAMAN AGED 66 YEARS, NO.1700, 6TH CROSS, 5TH STAGE BEML LAYOUT, RAJARAJESHWARI NAGAR BANGALORE-560098 122. SRI G RAMANNA S/O SRI H N NAGESHA RAO, AGED 68 YEARS, NO.1705, 5TH CROSS, BEML LAYOUT, 5TH STAGE, RAJARAJESHWARI NAGAR, BANGALORE-560 098 123. SRI N.R. NARAYANA MURTHY S/O LATE N R RAMACHANDRACHAR, AGED 63 YEARS, # 5, 3RD MAIN, 1ST CROSS, 4TH STAGE, 2ND PHASE, BEML LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560 098 124. SRI G SRINIVASAN S/O LATE SRI V.S.GOVINDA IYER AGED 66 YEARS, NO.382, 5TH CROSS, 7TH A MAIN, 5TH STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560 098 125. SRI B K DATTATRI S/O SRI B.V. KRISHNA MURTHY, AGED 68 YEARS, NO.226, 8TH MAIN, 3RD STAGE, BEML LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560 098 126. SRI K RANGANATHAN S/O SRI K NAGARAJA IYER, AGED 67 YEARS, NO.59, N.R. LAYOUT, KONENA AGRAHARA, H.A.L. POST, BANGALORE-560 017 127. SRI GIRIMALLANAVAR R.K. S/O SRI KALLAPPA, AGED 67 YEARS, #26 ARYAN, LAKE CITY TOWNSHIP 5TH CROSS, BASCO NAGAR, T.C. PALYA, K.R.PURAM, BANGALORE-560 036 128. SRI K JAYAPRAKASH S/O SRI K KUPPASWAMY, AGED 69 YEARS, NO.1737, 6TH CROSS, GOWTHAMANAGAR, ROBERTSONPET POST, KGF-563122 129. SRI C J THANDONI S/O SRI C JAYACHAR, AGED 68 YEARS, NO.831, "SHAKUNTALA" SIR M V NAGAR, BEML NAGAR POST, K.G.F.-563 115 130. SRI M KESHAVA REDDY S/O SRI THIMMA REDDY, AGED 68 YEARS, NO.204/A, 1ST MAIN, 5TH LINK BASAVESHWARANAGAR, BELLARY-583 103 131. SRI M VELAYUDHAN S/O SRI RAMAN, AGED 69 YEARS, MARAKKAN THODI HOUSE, "SOUMA" MUNDIYAN MADU ROAD, VELIMUKKU POST, MALAPPURAM DISTRICT KERALA-696 317 132. SRI M NARAYANAPPA S/O SRI MUNIYAPPA, AGED 68 YEARS, NO.158, 1ST MAIN, 4TH CROSS, AMARAVATHI NAGAR, BANGARPET-563 114 133. SRI H V VENKATA RAO S/O SRI H VENKATARAMAN RAO, AGED 68 YEARS, NO.36, 3RD STAGE 4TH MAIN BEML LAYOUT, RAJARAJESWARI NAGAR, BANGALORE-560 098 134. SRI C H ANJANEYA GOWDA S/O SRI HANUMAPPA, AGED 67 YEARS, NO.85, "MARUTHI NILAYA"
2ND MAIN, BYREGOWDA NAGAR, BANGARPET ROAD, KGF 563 102 135. SRI K SOMASEKHAR S/O SRI K.V.K. KRISHNAPPA, AGED 69 YEARS, A-76 BHARAT NAGAR, 2ND MAIN, 6TH CROSS, BEML NAGAR POST, KGF -563 115 136. SRI B.H. CHOWDAPPA S/O SRI B HANUMANTHAPPA, AGED 66 YEARS, NO.1000, 4TH BLOCK, KURUBARA VEEDHI, TURUVANUR POST-577 517 137. SRI. K. DARMENDRA ACHARYA S/O. SRI. ISHWARS ACHARYA, AGED ABOUT 67 YEARS, NO. 117, "PRATHIBHA NILAYA" KAVERI NAGAR POST, KGF 563115 138. SRI. K.V.CHANDRA SEKHAR S/O. SRI. KASI VISWESWARA IYER, AGED ABOUT 66 YEARS, NO.2153/5, 38TH CROSS, EAST END C-MAIN ROAD, 9TH BLOCK, JAYANAGAR, BANGALORE 560069 139. SRI. K. GANGADHARA S/O. SRI. K. SRINIVASA PURUSHA, AGED ABOUT 69 YEARS, B-35, "NISARGA"
2ND MAIN, 3RD CROSS, BHARAT NAGAR, BEML NAGAR POST, KGF 563115 140. SRI. K. NAGARAJ S/O. SRI. K. VENKATARAMAIAH, AGED ABOUT 68 YEARS, NO. 941, 7TH CROSS, SWARNA NAGAR, ROBERTSONPET, KGF 563122 141. SRI. M.GILBERT RAJA S/O. SRI. MUNISWAMY, AGED 69 YEARS, NO.1548, "RAVI ILLAM"
B.M. ROAD, IRUDHAYA PURAM, ROBERTSONPET, KGF 563122.
142. SRI. H. GUNDU RAO S/O. SRI. H. KRISHNA MURTHY, AGED 67 YEARS, NO. 11, "PRASHANTHI BUILDING" GANESH COLONY, 1ST CROSS, BETWEEN 1ST AND 2ND MAIN, SATYANARAYANAPET, BELLARI 583101 143. SRI. A. AROKIYASSWAMY S/O. SRI. M. ANTHONY, AGED ABOUT 67 YEARS, NO. 1498, ST. ANTHONY’S ILLAM, IRUDHAYAPURAM, NEW COLONY, ROBERTSONPET, KGF 563122 144. SRI. A DHINAGARAN S/O. SRI. M. ARJUNAN, AGED ABOUT 69 YEARS, NO. 627, “ARJUNAN ILLAM"
B.M. ROAD, OPP TO INDUSTRIAL ESTATE, ANDERSONPET POST, KGF 563113 145. SRI. P. SELVARAJ S/O. SRI. PADAVTTAN, AGED 68 YEARS, NO.1, 5TH CROSS, 2ND MAIN, SREE HARI COTTAGE/MINIYAPPA K V GARDEN, NEW POLICE STATION ROAD, K.R. PURAM, BANGALORE 560036 146. SRI. C. JAGANNATHAN S/O. SRI. CHINNAPPAN, AGED 68 YEARS, B-97, "GOKULAM"
BHARAT NAGAR, BEML NAGAR POST, KGF 563115 147. SRI. P. JAYARAMAN S/O. SRI. PERUMAL, AGED ABOUT 68 YEARS, "UMA NILAYAM"
PRESS ROAD, ANDERSONPET, KGF 563113 148. SRI. A WENCESLAUS S/O. SRI. A. ALBERT, AGED 67 YEARS, NO. 12, 1ST ‘A’ CROSS, 6TH MAIN, GAURAU NAGAR, J.P. NAGAR, 7TH PHASE, BANGALORE 560078 149. SRI. P. RAJA GOPAL S/O. SRI. POOSANTHAN, AGED 67 YEARS, NO. 390, M.V. NAGAR, BEML NAGAR POST, KGF 563115 150. SRI. M. DHASARATHAN S/O. SRI. P.K. MUNISWAMY, AGED 68 YEARS, NO. 1223, 3RD CROSS EXTENSION, PIPE LINE, ROBERTSONPET, KGF 563122 151. SRI. R. THILAGARAN S/O. SRI. K. RAMACHANDREN, AGED 67 YEARS, NO. 632, WATER TANK STREET, CHAMRAJPET, ANDERSONPET POST, KGF 563113 152. SRI. G. PALANICHAMY S/O SRI. G.S. GURUSWAMY NADAR AGED 67 YEARS, NO.284, "ARUNAGANGA ILLAM" 12TH MAIN, 3RD CROSS, SOUTH DASARAHOSAHALLI EXTENSION, D.K. HALLI POST BANGARPET 563114.
153. SRI. A.VADIRAJAN S/O SRI APPADORAI AGED 67 YEARS NO.184, "KARTHIK ILLAM", NARASIMHA LAYOUT PIPE LINE EXTENSION, ROBERTSONPET KGF 563 122.
154. SRI. DAYANAND S/O SRI NARSING AGED 68 YEARS NO.1998, "VANDANA NILAYA", VAPING GROUND BANGARPET 563 114.
155. SRI. E. NARASIMHA REDDY S/O SRI. PEDDA NARASIMHA REDDY AGED 67 YEARS NO.41, "OM SAKTHI NILAYAM", SIR M.V. NAGAR, BEML NAGAR POST KGF 563 115.
156. SRI D. SATYANARAYANA MURTHY S/O SRI D. VENKATACHALAPATHI AGED 66 YEARS NO. 304, ROCK LAND MARK APARTMENT NAGARAPPA REDDY LAYOUT KAGGADASAPURA BANGALORE 560 093.
157. SRI. M.G. SURYAVAMSHI S/O SRI GANAPATHA RAO AGED 68 YEARS NO.460, HP NAGAR, BEML NAGAR POST KGF 563 115.
158. SRI D. GURUVAIAH S/O SRI D. CHINNA GURAPPA AGED 66 YEARS NO.3258/2, KUPPA SWAMY MUDALIAR LAYOUT, BEHIND VBR CHOULTRY BANGARPET 563114.
159. SRI. O.U. DEVADASAN S/O SRI ACHUTHAN AGED 69 YEARS, NO.80, "ARADHANA", KAVERI NAGAR EXTENSION, BEML NAGAR POST KGF 563 115.
160. SRI. CHARLES D’ SOUZA S/O SRI TERALED D’ SOUZA AGED 67 YEARS, NO.2435, 2ND MAIN, VIVEKANANDA NAGAR, BANGARPET 563 114.
161. SRI. S.L RAMA MURTHY S/O SRI. T. LAKSHMAIAH SETTY AGED 69 YEARS NO.3527, "JAITHRA", DR.DVG ROAD, VIJAYA NAGAR, BANGARPET 563 114.
162. SRI. C.T.M. ANNADANAIAH S/O SRI. T.M. CHANNABASAIAH AGED 68 YEARS NO.2333, VIVEKANANDA NAGAR BANGARPET 563 114.
163. SRI. R. SUBRAMANY S/O SRI. C. RANGA SWAMY AGED 67 YEARS, NO.881, 5TH CROSS, SWARNA NAGAR ROBERTSONPET KGF 563 112.
164. SRI. T.S. ASWATHANARAYANA S/O SRI T. SADASHIVA SASTRY AGED 68 YEARS A-2, "ARAVINDA NILAYA"
BHARAT NAGAR, BEML NAGAR POST K.G.F. 563 115.
165. SRI. S.B. PAWAR S/O SRI BHIMAJI AGED 69 YEARS, NO.27, NEAR BUNDYAMMA TEMPLE GANDHINAGAR, DHARWAD 580 004.
166. SRI K. NARAYANA S/O SRI. K. SRINIVASA IYENGAR AGED 67 YEARS NO.807/93, 3RD MAIN, 4TH BLOCK RAJAJINAGAR BANGALORE-560 010.
167. SRI. ABDUL WAJID KHAN S/O LATE SRI. ABDUL MAJEED KHAN, AGED 69 YEARS, NO.56, BTM LAYOUT 1ST STAGE, NIMHANS LAYOUT, BANGALORE-560029 168. SRI. ASSADULLA KHAN S/O LATE SRI. GAFFAR KHAN AGED 67 YEARS, NO.17/2, 2ND CROSS, MUNIVENKATAPPA LAYOUT, 4TH MAIN, NAGAVARA, A.C.POST, BANGALORE-560044 169. SRI. K.T.SHANTHA KUMAR S/O SRI. K.THIMMA REDDY, AGED 66 YEARS, C/O B.K.RAMESH, VIJAYA SREE NILAYA, ONKARESWARA EXTENSION, GOLLARA HATTI ROAD, JAGALURU-577528 170. SRI.S.PARIJATHAM S/O SRI. SUBRAMANI, AGED 68 YEARS, NO.401, VIVEK NAGAR, 3RD CROSS, ROBERTSONPET, KGF-563112 171. SRI.B. ANJANEYA GUPTA S/O SRI. BHIMAPPASETTY, AGED 68 YEARS, NO.3, ACHARYA SANKEERNA, 2ND MAIN, 9TH CROSS, BTM 2ND STAGE, BANGALORE-560076 172. SMT. PUSHPAVATHI W/O SRI.K.PARAMESH, AGED 68 YEARS, NO.MIG 189, ‘A’ BLOCK, 6TH MAIN, 21ST CROSS, VIJAYANAGARA 3RD STAGE, MYSORE-570 017 173. SMT RAJESWARI V W/O LATE SRI.K.VAIDEESWARAN AGED 56 YEARS, NO.857, ‘SREE GANESHA’ M.V.NAGAR, BEML NAGAR POST, KGF-563115 174. SMT. A RAJALAKSHMI W/O LATE SRI.T.N.ANGAPPAN AGED 59 YEARS, NO.38, G-1, SAI UDAY MOHAN APARTMENT, APPAREDDY PALAYA, BANGALORE-560038 175. SMT. VIJAYA RAMESH W/O SRI. J.A.RAMESH AGED 59 YEARS, NO.29-30, DOOR NO.102, SURAJ KIRAN APARTMENT, 3RD CROSS, SHANKARPURAM, BANGALORE-560 004 176. SMT. RITA ANASUYA J W/O LATE SRI. JOSEPH SAMPATH KUMAR AGED 67 YEARS, NO.46, GOVER ROAD, COX TOWN, BANGALORE-560 005 177. SRI. NAGENDRA S S/O SRI. SHAMA RAO AGED 68 YEARS, FLAT NO.4044 PRESTIGE SOUTH RIDGE APARTMENT NO.125, HOSKEREHALLI CROSS, BSK 3RD STAGE, BANGALORE-560085 178. SRI. SUBBA RAO P S/O SRI. PUTTANARASAPPA, AGED 69 YEARS, NO.482, 13TH CROSS, 29TH MAIN, J.P.NAGAR 1ST PHASE, BANGALORE 179. SRI. S. RAJU S/O SRI. S SETHU RAO AGED 67 YEARS, A-123, 3RD MAIN, 3RD CROSS, BHARAT NAGAR, BEML NAGAR POST, KGF-563115 (BY SRI. S.N. MURTHY, SENIOR COUNSEL FOR SRI. SOMASHEKAR, ADVOCATE) AND 1. THE SECRETARY MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES DEPARTMENT OF PUBLIC ENTERPRISES BHAVAN, BLOCK NO 14, CGO COMPLEX, LODHI ROAD NEW DELHI - 110002 2. THE SECRETARY MINISTRY OF DEFENCE DEPARTMENT OF DEFENCE PRODUCTION GOVERNMENT OF INDIA ROOM NO. 9A SOUTH BLOCK NEW DELHI 3. THE CHAIRMAN & MANAGING DIRECTOR BEML LIMITED, BEML SOUDHA, S R NAGAR BANGALORE - 560027 (BY SRI. R OM KUMAR, CGC FOR R1 & R2 SRI. N.S. NARASIMHA SWAMY, ADVOCATE FOR SRI. SWAMY A SINGH, ADVOCATE FOR R3) ... PETITIONERS ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 24.08.2015 AT ANNEXURE-T ISSUED BY R-3, QUASH THE ENDORSEMENT DATED 18.03.2016 AT ANNEXURE-U ISSUED BY R-3, QUASH THE CLAUSE 13.1 OF THE GENERAL BULLETIN NO.1199 DATD 17.07.2009 AT ANNEXURE-F ISSUED BY R-3 IMPOSING THE CEILING LIMIT OF RS.3.50 LAKHS FROM 01.01.2007 FOR PAYMENT OF GRATUITY INSTEAD OF CEILING LIMIT OF RS.10 LAKHS AS PER CLAUSE 13 OF THE PAY REVISION AT ANNEXURE-C ISSUED BY R-1 AND FURTHER MAY BE PLEASED TO ISSUE A WRIT OF MANDAMUS.
IN W.P. NO.53708/2013 BETWEEN H V SUNDARESHAN AGED 65 YEARS 1599, 5TH STAGE, 1ST PHASE MSH ROAD, R R NAGAR BANGALORE-560098 (SRI H V SUNDARESHAN, PARTY-IN-PERSON) AND CHAIRMAN CUM MANAGING DIRECTOR BEML LTD (PREVIOUSLY BHARAT EARTH MOVERS LTD) 23/1, 4TH MAIN, SAMPANGI RAMA NAGAR BANGALORE-560027 (BY SRI. H SANNA MALIGAI, ADVOCATE) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO THAT THE ANNEXURE-A, CLEARLY IS IN OBEDIENCE TO THE HON'BLE DIRECTIVES & IT IS ALSO CLEAR THAT THE GRATUITY IS AN INTEGRAL PART OF ANY WAGE REVISION & IT IS OBEYED BY M/S.HINDUSTAN AERONAUTICS LTD., A PSU, COMING UNDER THE CONTROL OF MINISTRY OF DEFENCE, SUCH BEING THE CASE, THE RESPONDENT COMPANY, A SIMILAR PSU IN ANNEXURE-B HAS IMPLEMENTED SELECTIVELY THE WAGE REVISION TO THE EXTENT OF PAYING WAGE ARREARS & NOT DIFFERENCE OF GRATUITY BETWEEN RS.3.50 LAKHS TO A MAXIMUM LIMIT OF 10 LAKHS IS THE RIGHT TO OUT PROPERTY, HENCE MAY PLEASE DIRECT THE RESPONDENT TO PAY THE DIFFERENCE AMOUNT WITH 12% INTEREST CUMULATIVELY FROM 1.4.10 & PAY A FINE OF RS.10,000.00 [RS.TEN THOUSAND ONLY] FOR DELIBERATE & WILLFUL NONPAYMENT ON TIME.
THESE PETITIONS COMING ON FOR FINAL DISPOSAL THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
The petitioners in these batch of writ petitions are the employees of third respondent-BEML Limited, which is a Public Sector undertaking. Petitioner No.1 in W.P.Nos.36530- 36708/2016 is the Association of employees of BEML. The petitioners have worked as Executives with the respondent-BEML Limited. All the petitioners have retired from service between the period 01.01.2007 to 23.05.2010.
2. The Union of India had appointed Pay Revision Committee comprising of a Former Judge of the Hon’ble Supreme Court, Justice Shri M.Jagannadha Rao, as Chairman along with other eminent committee members to recommend revision of pay and allowances for Board level and below Board level executives and non-unisoned supervisors in Central Public Sector Enterprises. The Pay Revision Committee, after deliberations, submitted a report to the Government of India which was processed and approved by the Government. Thereafter, general directions were issued by the Union of India to all the administrative ministries and Public Sector Undertakings. This was followed by Presidential Directives issued by the Administrative Ministry for implementation. The Union of India, through the Secretary, Ministry of Heavy Industries and Public Enterprises, issued an Official Memorandum dated 26.11.2008 regarding revision of pay scales with effect from 01.01.2007 for a period of ten years.
3. The contention of the petitioners is that Clause (3) of the Official Memorandum dated 26.11.2008 pertains to enhancement of ceiling of gratuity of the Executives and non-unisoned supervisors which was enhanced from Rs.3.5 lakhs to Rs.10 lakhs with effect from 01.01.2007. Thereafter, the first respondent issued one more Official Memorandum dated 02.04.2009, directing all the Public Sector Undertakings including the third respondent- BEML to follow the directions given therein about the acceptance of the revision of pay scales and other benefits from 01.01.2007.
Following the second Official Memorandum, the Board of Directors of the respondent-BEML, in the 283rd meeting held on 29.04.2009 passed a resolution approving the implementation of revised scales of pay with fitment benefits and also authorized the Chairman and Managing Director to take up with the Ministry for issuance of Presidential Directives. It is further contended by the petitioners that the second respondent-Ministry of Defence vide letter dated 30.04.2009, on the basis of the resolution passed by the Board, informed the third respondent-BEML that the revision of pay scales and other benefits as contained in the Official Memorandum dated 26.11.2008 and as amended from time to time, has been accepted and the Presidential Directives are issued for implementation with effect from 01.01.2007. It is further contended by the petitioners that the communication made by the second respondent-Ministry of Defence vide letter dated 30.04.2009 was also accompanied by a letter of even date with a directive to the third respondent to implement the Presidential Directives.
4. The petitioners further contended that it was conveyed by the third respondent to respondents No.1 and 2 that the Management and Board of Directors after examining the affordability had recommended for issuance of Presidential Directives and therefore, the third respondent cannot contend that the Board never indicated that gratuity ceiling enhanced to Rs.10 lakhs was not agreeable to the Board of Directors.
5. Some of the petitioners approached the Controlling Authority and Assistant Labour Commissioner (Central) under the Payment of Gratuity Act, 1972 in January 2014 and their claim was rejected by an order dated 23.12.2014. The Controlling Authority held that Section 4(3) of the Payment of Gratuity Act, 1972, was amended by the Payment of Gratuity (Amendment) Act, 2010 dated 07.05.2010 which provided for enhancement of gratuity amount from Rs.3.5 lakhs to Rs.10 lakhs with effect from 24.05.2010, while the applicants had retired well before the amendment and therefore the same would not be applicable to the applicants therein.
6. Shri S.N.Murthy, learned Senior Counsel appearing for the petitioners would submit that the petitioners are not laying the claim under the Gratuity Act, but are invoking the directions issued in the Official Memorandum dated 26.11.2008 and 02.04.2009. The learned Senior Counsel draws the attention of this Court to a judgment of the Delhi High Court in the case of State Farms Corporation of India Limited Vs. P.S.Gupta in W.P.(C) No.907/2013 which was decided on 01.07.2014. In that case, the retired Executives requested the employer to pay the difference in the gratuity amount i.e,. Rs.6,50,000/- in terms of the Official Memorandum and Presidential Directives. The employer did not accede to the request on the ground that they are not entitled to gratuity as per the Act, which has already been paid to them. Similar reasons were assigned stating that Section 4(3) of the Act was amended with effect from 24.05.2010, while the Executives had retired well before the amendment. Thereafter, an application was made before the Controlling Authority and the Controlling Authority allowed the claim of the Executives thereby declaring that the employer/Executive is entitled to receive an amount of Rs.6,50,000/-, which is the difference amount, along with interest at 10% p.a. from the date gratuity became payable.
7. Having considered the submissions on both the sides, the Delhi High Court has noted that Official Memorandum dated 26.11.20008 is very clear. The said Official Memorandum was issued pursuant to the recommendations made by a Committee under the Chairmanship of Justice M.Jagannadha Rao, wherein the substantive issue was with regard to pay revision of employees of the Public Sector undertakings. Clauses (3) and (17) of the Official Memorandum were considered at length. Clause-3 provides for affordability for implementation of pay revision, while Clause-17 deals with issuance of Presidential Directive, effective date of implementation and payment of allowances etc. It was held that the question which needs to be answered is whether the affordability has to be seen with regard to the pay revision only or with regard to other benefits including gratuity. The answer was that the affordability needs to be seen with regard to every benefit. With regard to the Clause (3), it was clearly held that the revised pay scales would be adopted subject to the condition that the additional outgo by such revision for a period of 12 months should not result in more than 20% dip in profit before tax for the year 2007-08 of Central Public Sector Enterprises (CPSE). The Delhi High Court held that unfortunately, the affordability has been considered only with respect to the revision of pay scales and not with regard to other benefits including gratuity. It was expected from the Board to consider the affordability of each benefit, atleast, those to be given from 01.01.2007 keeping in view the parameters laid down in Official Memorandum dated 26.11.2009. As a result, the Delhi High Court directed the Board of the petitioner organization to consider the report submitted by the Controlling authority and take a view on the payment of enhanced gratuity to the respondent therein. It was made clear that such a direction was required to be issued, in view of the conclusion drawn by the Court about the affordability of grant of enhanced gratuity having not been considered by the Board before sending the case for approval of the Ministry of Agriculture.
8. At this juncture, the learned Senior Counsel appearing for the petitioners would submit that in the case of State Farms Corporation of India Limited (supra), the Delhi High Court held that it was clear from the records placed before the Court that the balance profit before tax was within the permissible limit of 20% which is sufficient and additional dip of approximately 2.98% in the year 2007-08 may be recouped, and the enhanced gratuity could be paid in terms of the Official Memorandum dated 26.11.2008. However, inspite of such a conclusion, the Delhi High Court thought it fit to direct the employer to reconsider the representation made by the employees/Executives, in the light of the observations made therein. Therefore, the learned Senior Counsel submits that similar directions need to be issued in these writ petitions also.
9. On the other hand, learned Counsels for the respondents would submit that in another case decided by the Uttarakhand High Court, the Division Bench has rejected similar contentions raised by employees. Reliance is placed on the judgment in the case of Bansidar Joshi and others Vs. Uttarakhand Seeds and Tarai Development Corporation Ltd. and others reported in 2016 LAB.I.C.791. Reliance is also placed on another judgment of the High Court of Andhra Pradesh in the case of Electronics Corporation of India Limited, Post ECIL, Hyderabad 500 062, Rep. by Chairman & Managing Director Vs. The Controlling Authority under P.G.Act, 1972 and another reported in 2016 SCC OnLine Hyd 336.
10. With regard to the case of Bansidar Joshi (supra), the learned Senior Counsel appearing for the petitioners submits that it is a case where the claim is made under the Gratuity Act and in the case of Electronics Corporation of India (supra), the Court came to the conclusion that the employer did not have the affordability in terms of the Official Memorandum and therefore, the decisions went against the employees. It is also submitted on behalf of the respondents that the Official Memorandum is, in fact, a general guideline and cannot be forced upon the employer.
11. Having heard the learned Counsels and perusing the records and on going through the judgments cited by the learned Counsels, this Court is of the opinion that in the case on hand, the order passed by the Controlling Authority stating that the petitioners are not entitled to receive the difference in gratuity since the amendment to Section 4(3) was brought about in the year 2010, while the petitioners had retired well before the amendment came into force, cannot be countenanced. As held in the case of the Delhi High Court, the Presidential Directive, pursuant to the Official Memorandum dated 26.11.2008 and 02.04.2009, the concerned CPSEs were required to determine the affordability which again depended upon its percentage of profit but not more than 20% dip in 2007-2008 to implement the pay revision and gratuity.
12. The third respondent-BEML is required to reconsider its opinion in the light of the observations made by the Delhi High Court and having regard to its affordability as provided under Clause (3) of the Official Memorandum dated 26.11.2008, and pass an order on the requisition made by the petitioners herein.
13. The memorandum of writ petitions itself may be considered as a request made by the petitioners and the third respondent-BEML is directed to reconsider the prayer made by the petitioners, in the light of the observations made above. The petitioners have served the respondent-BEML for more than 30 years and have retired way back in the year 2007-2010. In that view of the matter, the third respondent-BEML is directed to consider the representation of the petitioners and pass orders within a period of three months from the date of receipt of a certified copy of this order. If the third respondent eventually holds that the petitioners are to be given the difference in the gratuity amount, the third respondent shall also pay the same with interest at the rate of 10% p.a. till the date of actual payment.
14. The petitions are accordingly disposed of. No order as to costs.
In view of the above, pending interlocutory applications do not survive for consideration and accordingly, the same stand disposed of.
JT/-
Sd/- JUDGE