IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 463 of 2007(E) ----------------------------------- PETITIONERS: --------------------- 1. KERALA STATE COIRFED EMPLOYEES CONGRESS (INTUC), COIRFED, ALAPPUZHA, REPRESENTED BY ITS PRESIDENT A.A.SHUKKUR. (KURUMPOLIL HOUSE, SEA VIEW WARD, ALAPPUZHA.) 2. R.MOHANDAS, UPPER DIVISION CLERK, COIRFED, ALAPPUZHA. (VALLYAVEETTIL, ALAPPAD, KARUNAGAPPALLY) BY ADV. SRI.K.KARTHIKEYA PANICKER, SMT.DAYA K. PANICKER. RESPONDENTS: ------------------------ 1. KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD., ALAPPUZHA, REPRESENTED BY ITS MANAGING DIRECTOR, COIRFED, ALAPPUZHA. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES / DIRECTOR OF COIR DEVELOPMENT, NANDAVANAM, THIRUVANANTHAPURAM. R2 BY GOVT. PLEADER SRI. P.K. RAVIKRISHNAN,BY ADV. SRI.T.R.HARIKUMAR, ADV. SRI. K.S. HARIHARAPUTHRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.463/2007-E: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER NO. E1/3233-2/2118 DTD. 24/10/1997 ISSUED BY R.1. EXT.P.2: COPY OF THE JUDGMENT IN O.P. NO. 801/98 DTD. 16/03/2004 ISSUED BY THIS HON'BLE COURT. EXT.P.3: COPY OF THE DECISION NO. 66 DTD. 22/07/2006 OF THE EXECUTIVE COMMITTEE. EXT.P.4: COPY OF THE STATEMENT OF PART PAYMENT OF ARREAR OF DEARNESS ALLOWANCE PERIOD FROM 01/01/2000 TO 31/12/2003. EXT.P.5: COPY OF THE JUDGMENT DTD. 27/10/2006 IN W.P.(C). NO. 25134/2006 ON THE FILE OF THIS HON'BLE COURT. EXT.P.6: COPY OF THE REPRESENTATION DTD. 07/11/2006 BEFORE THE R.1. EXT.P.7: COPY OF THE ORDER DTD. 21/12/2006 ISSUED BY R.1. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.463 OF 2007 ------------------------------------------- Dated this the 21st day of January, 2008 JUDGMENT Ext.P7, the impugned order, shows that the Managing Director of Coirfed has taken the view that the employees of Coirfed have entered into settlements with the management, by which, they have agreed to terms and conditions which are in force till 31.12.2003 and that this settlements and certain other reasons disentitle the persons represented by the first petitioner to claim Dearness Allowance. The Manging Director also specifically found that Rule 189 (3) of the Kerala Co-operative Societies Act and Rules would be of no impact and that the verdict of this Court in Ext.P2 cannot be applied. In such circumstances, the mere issuance of a direction in the form of Ext.P5 judgment cannot be treated to deprive the Coirfed of its contentions. Hence, even if an individual employee of the Coirfed has any grievance, that can gain the attention of the arbitrator in terms of the Act, particularly when there is dispute between the parties regarding the settlements. WPC.463/07 Page numbers In the aforesaid circumstances, this writ petition is disposed of without interfering with Ext.P7, however, clarifying that these proceedings would not stand in the way of individual employees taking up their causes before the arbitrator for consideration in accordance with law. The arbitrator, if moved, shall consider expeditious disposal of such proceedings. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.