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2018 Supreme(Ker) 602

V.CHITAMBARESH, SATHISH NINAN
Viswanathan – Appellant
Versus
Haripad Service Co operative Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.N. Mohana, Adv
For the Respondent: M.R. Sudheendran, M. Saseendran & Sr. Government Pleader (K.R. Deepa), Adv.

JUDGMENT :

V. Chitambaresh, J.

1. The subsisting grievance of the appellant is as regards the non-disbursement of pay revision arrears since other retiral benefits like pension, gratuity, provident fund etc. have been received pursuant to the Writ Petition. The relief on that count was declined solely for the reason that the arrears is for the period from 1.7.1991 to 17.7.1998 and the claim, made years after is belated. It should be borne in mind that the object behind the periodic revision of the pay scale is to ensure a decent standard of living which emanates from Art.43 of the Constitution of India. It reads:

“43. Living wage, etc., for workers.– The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.”

It will be apt to quote from the judgment in Mahatma Gandhi Mission v. Bhartiya Kamgar Sena (2017 (1) KLT SN







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