IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 5133 of 2011(N) ------------------------- PETITIONER(S): --------------- 1. ABDUL SALAM, SEMI-SKILLED WORKER HANTEX PROCESS HOUSE, PAPPANMCODE, THIRUVANANTHAPURAM-695 018. 2. S.MOHANACHANDRAN NAIR, SEMI-SKILLED WORKER, DO. 3. K.REMESAN, SEMI-SKILLED WORKER, DO. 4. D.BABUDAS, SEMI-SKILLED WORKER (RETD.) KARAKALAVILA PUTHEN VEEDU PARASUVAKAL, PARASALA, THIRUVANANTHAPURAM-695 041. 5. K.SANKARANKUTTY NAIR, SEMI-SKILLED WORKER (RETD.) ARIKAPLAVILA, U.P.LANE, POONTHURA, THIRUVANANTHAPURAM-695 029. BY ADV. SRI.S.MOHANDAS RESPONDENT(S): --------------- 1. DIRECTOR OF HANDLOOMS & TEXTILES VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033. 2. MANAGING DIRECTOR, KERALA STATE HANDLOOMS WEAVERS'S CO-OPERATIVE SOCIETY LIMITED, THIRUVANANTHAPURAM-695 001. 3. GENERAL MANAGER, HANTEX PROCESS HOUSE, PAPPANAMCODE, THIRUVANANTHAPURAM-695 010. ADV. SRI.T.M.RAMAN KARTHA, SC, HANTEX FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011, ALONG WITH WPC NO. 4146 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No5133./2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF ORDER NO.A3/PR/98 DT. 20.7.2000 ISSUED BY THE 2ND RESPONDENTs EXT.P2. A COPY OF PROCEEDINGS DATED 19.8.2006 ISSUED BY THE 3RD RESPONDENTs EXT.P3. COPY OF JUDGMENT DATED 24.11.2005 IN W.P(C)NO.24362/2005 EXT.P4. COPY OF JUDGMENT DATED 3.6.2008 IN WP(C)NO.17189.07 EXT.P5. COPY OF LETTER DATED 4.10.2008 ISSUED BY THE 1ST RESPONDENTs EXT.P6. COPY OF LETTER DATED 20.7.2010 ISSUED BY THE 2ND RESPONDENT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).Nos.4146 & 5133 of 2011 ----------------------------------------- Dated this the 25th March, 2011 JUDGMENT A common question arises in these writ petitions. They were therefore, heard together and are being disposed of by this common judgment. 2. The petitioners in these writ petitions are semi skilled workers employed in the Kerala State Handloom Weavers Co- operative Society Limited, No.H.232, Trivandrum, otherwise known as Hantex. The Board of Directors of Hantex that met on 25.7.2006 resolved to grant time bound higher grade promotion to semi skilled and unskilled workers subject to the rider that arrears on that count will be disbursed only with effect from 1.5.2006. The General Manager, Hantex Process House, Pappanamcode, where the petitioners are working, thereupon issued Ext.P1 proceedings dated 19.8.2006 granting the petitioners second time bound higher grade in the scale of pay of Rs.4000-90-4090-100-6090 and their pay was fixed at Rs.4000/- with effect from 1.7.2000. They were however given monetary W.P(C).Nos.4146 & 5133 of 2011 -:2:- benefits with effect from 1.5.2006. In these writ petitions the petitioners seek payment of monetary benefits with effect from 1.7.2000 in the place of 1.5.2006. The petitioners also seek a direction to the respondents to grant them the third time bound higher grade promotion on completion of 23 years of service. 3. As regards the first issue, the question is no longer res integra and is concluded by Ext.P2 judgment of this Court in W.P (C)No.14388 of 2009, which was affirmed by a Division Bench of this Court in Ext.P3 judgment delivered in W.A.No.85 of 2010. The petitioners are therefore entitled to the monetary benefits consequent on the grant of second time bound higher grade with effect from 1.7.2000 instead of 1.5.2006. The respondents are therefore directed to compute and pay arrears of salary and allowances consequent on the grant of second time bound higher grade promotion to the persibs named in Ext.P1 order produced in W.P(C)No.4146 of 2011 with effect from the date on which they were given second time bound higher grade promotion, namely with effect from 1.7.2000. Orders in that regard shall be issued and arrears disbursed within three months from the date on which the petitioners produce a certified copy of this judgment before the Managing Director of Hantex. W.P(C).Nos.4146 & 5133 of 2011 -:3:- 4. As regards the claim for the grant of third time bound higher grade promotion on completion of 23 years of service, it is not in dispute that persons identically placed had been given third time bound higher grade promotion on completion of 23 years of service. Ext.P6 produced along with W.P(C)No.4146 of 2011 is an order issued by the Managing Director of Hantex in that regard. I therefore, direct the respondents herein to take a decision on the claim made by the petitioners for the grant of third time bound higher grade promotion expeditiously and in any event within a period of three months from the date on which the petitioners produce a certified copy of this judgment before the Managing Director of Hantex. Arrears consequent on the decision taken in that regard shall be paid within another month thereafter. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).Nos.4146 & 5133 of 2011 ---------------------------- JUDGMENT 25th March, 2011