IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 19173 of 2008(G) -------------------------- PETITIONER: ------------ 1. C. VARGHESE, SHOP IN CHARGE, KERALA STATE BEVARAGES CORPORATION, FLI 1/339 (06014), VELLATHOOVAL, IDUKKI DT. 2. SAPHAL KRISHNAN, SHOP ASSISTANT, KERALA STATE BEVARAGES CORPORATION, FLIU 1/248, THURAVOOR, CHERTHALA, ALAPPUZHA DT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM-01. 2. KERALA STATE BEVARAGES (M&M) CORPORATION LTD., SASTHAMANGALAM, TRIVANDRUM-10, REP. BY ITS MANAGING DIRECTOR. BY ADV. SRI.P.J.ELVIN PETER,SC,BEVERAGES CORPN. FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2008, ALONG WITH WPC NO. 21990 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C)s 19173/2008 & 21990/2007 -------------------- Dated this the 27th day of June, 2008 JUDGMENT Common issues are involved in these cases. Therefore, they have been heard together and are disposed of by a common judgment. 2. I heard learned counsel for the petitioners Mr.Aravindakshan Pillay and Deepu Thankan and learned Standing Counsel for the Beverages Corporation Mr.Elvin Peter and learned Government Pleader. 3. Petitioners, while working in the Kerala Construction Components Ltd., a Public Sector Undertaking, were received on deputation in the Beverages Corporation. Deputation was for a period of five years. In the meanwhile, the parent company has been closed down. A perusal of Ext.P4 Government Order, in Writ Petition No.19173/2008, shows that a scheme has been formulated by the Government under the Head of Social Safety Net Programme for the benefit of employees who retire from W.P.(C)s.19173/08 &21990/07 2 Public Sector Undertakings as part of their restructuring. Paragraph 2 and 3 of the said Government Order reads as follows:- The settlement of arrear salary of employees retired under SSNP since 2002 will be at 50% of the claims. The Government will consider payment of this amount on gratis. Funds will be released after a case by case scrutiny of related files. The date for ascertaining arrear salary or wages will be the date of stoppage of operations, if any, by the company or date of the Government order, if any to formally stop operations or the last date for applying under the SSNP implemented in the company whichever is earlier. Specific undertaking will be obtained from the employee by the company that he will not make any further claims on salary. Only those who give such an undertaking will be given the 50% of the salary. The absorption of people on deputation will be considered after examination on a case to case basis if the W.P.(C)s.19173/08 &21990/07 3 deputation was based on Government approval against sanctioned posts in the borrowing PSU. However, the employees thus absorbed will have to forfeit their claims on arrear salaries lodged before their parent PSU's. Provident Fund and other statutory dues will have to be paid to the PSU in which they are absorbed. 4. Petitioners contend that deputation was against the sanctioned posts and according to the petitioners, it was preceded by Government approval as such. Learned counsel for the KSBC refutes the submission. This is a matter for enquiry as it will depend upon the application of clause 2 and 3 of Ext.P4 Government Order. 5. Having heard learned counsel on both sides, I am of the view, that Government should consider the claim of the petitioners in the light of Ext.P4 Government Order. 6. In the result, writ petitions are disposed of in the W.P.(C)s.19173/08 &21990/07 4 following terms:- 7. Petitioners may submit individual representations claiming the benefit of clause 2 and 3 of G.O.(MS). 152/2005/ID dated 24.11.2005. This may be done within three weeks from today. There upon, first respondent, Government, shall consider their claim in the light of the clause in the Government Order referred to, and after hearing the petitioners and a representative of the KSBC, take a decision thereon, within two months thereafter. Petitioners shall be permitted to continue on deputation in the KSBC till a decision is taken by the Government as aforementioned and continuance on deputation thereafter, shall be subject to the decision to be taken by the Government. V.GIRI, Judge mrcs