IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 26379 of 2011(V) ---------------------------------------- PETITIONER(S): ------------------------ 1. HANTEX EMPLOYEES FEDERATION(INTUC), REG.NO.01-52-91, THIRUVANANTHAPURAM-1,REPRESENTED BY SECRETARY. 2. TITUS JOHN, S/O.JOHN, AGED 51, T.C.2/171(3) KAIRALI NAGAR, DEVASWOM LANE, KESAVADASAPURAM, THIRUVANANTHAPURAM-4 (CHARGEMAN, HANTEX, OOTTUKUZHY, THIRUVANANTHAPURAM-1). BY ADVS. SRI.K.S.MADHUSOODANAN, SRI.THOMAS CHAZHUKKARAN, SRI.THUSHAR NIRMAL SARATHY, SRI.M.M.VINOD KUMAR, SRI.P.K.RAKESH KUMAR, SMT.M.A.RUXANA. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA TO BE REPRESENTED BY ADDITIONAL CHIEF SECRETARY, INDUSTRIES (C) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF HANDLOOM AND TEXTILE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033. 3. KERALA STATE HANLOOM WEAVERS CO-OPERATIVE SOCIETY LTD.NO.H.232, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS MANAGING DIRECTOR. R1 BY GOVERNMENT PLEADER SRI. G.GOPAKUMAR R3 BY ADV. SRI.T.M.RAMAN KARTHA, SC, HANTEX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPCNO.26379/2011 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF PAY REVISION ORDER BEARING NO.A3/PR/99 DTD. 3/12/1999 ISSUED BY 3RD RESPONDENT. P2: COPY OF THE ANOMALY RECTIFICATION ORDER ISSUED BY 3RD RESPONDENT BEARING A3/PR/99 DTD. 19/08/02. P3: COPY OF THE LETTER OF 3RD RESPONDENT TO THE 2ND RESPONDENT SEEKING RECOMMENDATION BEARING NO.A3/70/H.O.HANTEX/DEMANDS/11 DTD. 23/02/11, P4: COPY OF THE G.O.(GEN) NO.346/2011/I.D. DTD. 1/03/11, P5: COPY OF THE DECISION NO.18 DTD. 6/7/11 OF 3RD RESPONDENT. P6: COPY OF THE LETTER OF THE 3RD RESPONDENT TO THE 1ST RESPONDENT BEARING NO.A3/70/H.O.HANTEX/DEMANDS/2011 DTD. 27/08/11. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------ W.P (C) No. 26379 of 2011 ------------------------------ Dated this the 4th day of October, 2011 J U D G M E N T The first petitioner is a trade union representing the employees of the Hantex. The second petitioner is an employee of Hantex. In this writ petition, they seek a direction to the State of Kerala to take a final decision in the request made by Hantex for implementing Ext.P2 order dated 19.8.2002 issued by the Managing Director of Hantex. 2. The petitioners state that though initially the Government had objected to Ext.P2 being implemented stating that Hantex does not have the financial resources to implement Ext.P2 order, later permission was granted by Ext.P4 Government order dated 1.3.2011 to implement Ext.P2 and that thereupon the Managing Director of Hantex resolved to implement Ext.P2 order with the permission of the Government. It is stated that such permission was sought by Ext.P6 letter dated 27.8.2011 and having regard to the fact that payment of grade promotion benefits has been withheld for the past more than a decade, the Government may be directed to take an expeditious decision in the matter. 3. Sri.T.M.Raman Kartha, learned standing counsel W.P.(C) No.26379/2011 2 appearing for the Hantex submitted that Ext.P6 is a request made by the Managing Director of Hantex to the Government and the petitioners cannot seek expeditious disposal thereof. 4. What the Managing Director has sought in Ext.P6 is permission to implement a decision of the Board of the Directors which is favourable to the employees. I accordingly over rule the objection raised by the learned standing counsel for Hantex and dispose of the writ petition with a direction to the State of Kerala to take a final decision on the request contained in Ext.P6 expeditiously and in any event within one month from the date on which the petitioners produce a certified copy of this judgment before the Secretary to Government, Industries Department. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.26379 of 2011 JUDGMENT Dated:- 4th October, 2011 --------------------------------------