IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 36281 of 2008(T) -------------------------- PETITIONER(S): --------------------- T.ANISH, S/O.TITUS, AJAY BHAVAN, MANDAPAKUNNU, POTHENCODE P.O., THIRUVANANTHAPURAM - 695584. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): ------------------------ 1. ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, THIRUVANANTHAPURAM 2. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM BY ADV. SMT.K.K.THULASY BHAI,SC,POLLUTION C.BOA FOR R1 & R2 MR.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOAR FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36281 of 2008(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - A COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT. EXT.P2 - A COPY OF THE LETTER NO. PCB/TVM/NAMP/89/TVM DATED 5.2.2008 OF THE 2ND RESPONDENT. EXT.P3 - A COPY OF THE LAWYER NOTICE DATED 6.9.2008. EXT.P4 - A COPY OF THE LETTER DATED 17.9.2008 OF THE 1ST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R1(1) - TRUE COPOY OF THE LETTER NO. PCB/A/CHN/1101/99 DATED 07.04.2005. EXT.R1(2) - TRUE COPY OF THE LETTER NO. PCB/TVM/NAMP/AIR/EKM DATED 30.5.2005. EXT.R1(3) - TRUE COPY OF THE LETTER NO. PCB/TVM/NAMP/CON/2003 DATED 01.08.2007. EXT.R1(4) - TRUE COPY OF THE LETTER NO. PCB/TVM'/NAMP/89/TVM DATED 6.9.2007. EXT.R1(5) - TRUE COPY OF THE ORDER NO. PCB/TVM/NAMP/CON/2003 DATED 12.5.2008. EXT.R1(6) - TRUE COPY OF THE CIRCULAR NO. PCB/TVM/NAMP/CON DATED 29.2.2008. EXT.R1(7) - TRUE COPY OF THE RECEIPT OF THE AMOUNT FOR DUTY DATED 18.4.2008. EXT.R1(8) - TRUE COPY OF THE RECEIPT OF THE AMOUNT FOR DUTY DATED 18.4.2008. EXT.R1(9) - TRUE COPY OF THE RECEIPT OF THE AMOUNT FOR DUTY DATED 18.4.2008. EXT.R1(10) - TRUE COPY OF THE RECEIPT OF THE AMOUNT FOR DUTY DATED 02.06.2008. EXT.R1(11) - TRUE COPY OF THE RECEIPT OF THE AMOUNT FOR DUTY DATED 30.6.2008. EXT.R1(12) - TRUE COPY OF THE RECEIPT OF THE AMOUNT FOR DUTY DATED 02.08.2008. EXT.R1(13) - TRUE COPY OF THE RECEIPT OF THE AMOUNT FOR DUTY DATED 01.09.2008. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 36281 of 2008 ................................................. Dated this the 20th day of August, 2009 J U D G M E N T The petitioner worked as an Ambient Air Sampling Worker for the respondents at their Namp stations pursuant to Ext.P1 agreement. As per Ext.P1 agreement, respondents agreed to pay an amount of Rs.170/- to the petitioner per duty as remuneration for the work. But from February 2008 onwards, the petitioner was being paid only at the rate of Rs.105/- per duty. The petitioner worked for 236 days from February 2008 onwards. As such in accordance with the agreement, the petitioner is entitled to a balance amount of Rs.15340/- for the work done by him as per Ext.P1 agreement is the contention raised by the petitioner. However, the same has not been paid despite demands made by the petitioner in that regard. On the above contentions, the petitioner has filed this writ petition seeking the following reliefs: “a) Call for the entire records leading to Ext.P4 and issue a writ of certiorari quashing the same; b) Issue a writ order or direction directing the respondents to pay Rs.15340/- with interest at the rate of W.P(C) No. 36281 of 2008 -2- 12% per annum to the petitioner, as the balance amount of wages due to the petitioner based on Ext.P1 agreement.” 2. The respondents filed a counter affidavit taking the contention that as per the direction from the head office the remuneration payable to air sampling workers is the maximum of Rs.210/- per day where as the petitioner has been paid Rs.340/- per day. It is under the above circumstances, they have reduced the amounts payable to the petitioner 3. In an exactly identical case filed by another Ambient Air Sampling worker, W.P(C) No. 15597 of 2008, repelling identical contentions by the respondents, I passed the following judgment. “5. The law of contract is the same for all, whether it is a private individual, the State Government or the Kerala State Pollution Control Board. The Kerala State Pollution Board has with open eyes entered into Ext.P1 agreement with the petitioner agreeing the pay to the petitioner a remuneration @ 170/- per duty for the services rendered by him as per Ext.P1 agreement. Law does not permit the 1st respondent to unilaterally change the terms and conditions of the Ext.P1 agreement. After having entered into Ext.P1 agreement the respondents are bound by the terms and conditions stipulated therein. That being so I am of the opinion that the petitioner is entitled to remuneration @ Rs.170/- per duty for the work he has executed. Accordingly the writ petition is allowed and the respondents are directed to pay to the petitioner remuneration at the rate of Rs.170/- per duty for the work done by the petitioner as per Ext.P1 agreement for the entire period covered by the Ext.P1 agreement, not withstanding the alleged termination of the agreement on 12.05.2007 which cannot be pressed in to service in view of the interim order dated 9.6.2008. The balance W.P(C) No. 36281 of 2008 -3- remuneration payable to the petitioner @Rs.170/- per duty, shall be paid to the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.” 4. On the same reasoning, this writ petition is also liable to be allowed. Accordingly, the writ petition is allowed and the respondents are directed to pay to the petitioner remuneration @ Rs.170/- per duty for the work done by the petitioner as per Ext.P1 agreement for the entire period covered by Ext.P1 agreement. The balance remuneration payable to the petitioner calculated at Rs.170/- per duty shall be paid to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE rhs