LAWS(KAR)-2014-2-307

K.R. RAMACHANDRA Vs. MYSORE PAPER MILLS LTD

Decided On February 04, 2014
Sri. K.R. Ramachandra Appellant
V/S
Mysore Paper Mills Ltd., (A Government of Karnataka Undertaking), Represented by its Managing Director and The General Manager (HRD And A), The Mysore Paper Mills Ltd. Respondents

JUDGEMENT

(1.) W .P. No. 24704/2012 filed by the petitioner to direct the respondents to consider a representation dated 19.06.2012 and pass appropriate order by conferring all the benefits to him in terms of a memo issued by the respondent -Company dated 21.07.2006, was decided on 27.09.2012, by taking note of the fact that the respondent - Company on account of the loss suffered and the accumulation of loss, has been registered as a sick industry and the statement made that any benefit which is extended to other similarly placed employees will be extended to the petitioner and in individual cases the company cannot take a decision and if a decision is to be taken, it has to be taken in respect of all the employees and for that, the company has to work out the financial implications. It was observed by this Court, taking note of the said statement, as follows:

(2.) SRI . K. Ramachandran, learned advocate for the respondents submitted that the position of the respondent -Company has not changed i.e., from the one which prevailed on 27.09.2012 when W.P. 24704/2012 was decided. He submitted that petitioner's representations as at Annexures -E1 to E3 cannot be considered individually but will have to be considered on par with the other employees of the respondent -Company, as and when the BIFR decides the matter and funds become available for payment. The submission made by Sri. K. Ramachandran with regard to the respondent -Company being under BIFR is not disputed by the learned advocate for the petitioner.