K JABBAR Vs. KERALA STATE ROAD TRANSPORT

JUDGEMENT

(1.) Appellant was working in the KSRTC on a provisional basis as Driver from 9.1.1981 to 3.6.1989. During the said period he got selected by the PSC and was included in the ranked list. He was advised for appointment and accordingly he was appointed on a regular basis in the KSRTC with effect from 8.6.1989. Subsequently, on attaining the age of superannuation, he retired from service.

(2.) While so, Ext. P2 memorandum of settlement was entered into between the management of the KSRTC and the workmen represented by their trade unions. Clause XVII of Ext. P2 settlement provided for reckoning of daily wages period in respect of the drivers and conductors as qualifying service for grade promotion. Clause XVII reads as follows;

(3.) According to the Appellant benefit of the aforesaid provision in the settlement was denied to him. Thereupon he filed O.P. No. 29499/01 before this Court. The Original Petition was dismissed. In W.A. No. 269/04 filed by the Appellant, the Division Bench of this Court rendered Ext. P3 judgment. In Ext. P3 judgment it was held that in view of the provisions contained in the Industrial Disputes Act, 1947, the Respondents are bound by the terms of the settlement. On that basis, this Court directed as follows;