Justice Kurian Joseph, C.J.@mdashThe petitioner in the writ petition is the appellant. The writ petition was filed by the Bank challenging the orders passed by the Registrar, Cooperative Societies and as upheld by the Government. The issue pertains to the salary and other attendant benefits of respondent-workman in the post of Clerk. On the principle of ''equal pay for equal work'', the same was granted and those orders have been ultimately upheld by the learned Single Judge. However, before parting with the judgment, it was also observed that it would be open to the bank to consider the regularization of the respondent-workman as Clerk, in case he was willing to forgo the arrears of salary as granted by the Joint Registrar (Marketing) vide his order dated 25.4.2006.
2. On instruction, it is submitted that the bank is willing to consider the regularization of the respondent-workman, subject to the condition of his forgoing the arrears of salary.
3. The respondent-workman himself is present before us and he has agreed to the proposal made by the bank. In the above circumstances, this appeal is disposed of as follows.
4. Till 24th July, 2008, the date of the judgment under appeal, the respondent-workman shall be treated as Sweeper and the salary and other benefits available to that post, if not already given, should be given to him. He shall be regularized as Clerk and he shall be given all the consequential benefits in that post w.e.f. 24th July, 2008.
5. It is made clear that the above order is passed in the peculiar facts and circumstances of the case and the same shall not be treated as a precedent. The amount deposited by the appellant-bank in terms of the interim order dated 18.9.2008 shall be immediately refunded to it through its account, number of which shall be furnished by the learned Counsel for the appellant.
