IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 OP.No. 24194 of 2002(E) ------------------------------ PETITIONER(S): ------------------- N.MADHAVAN PILLAI, S/O.NARAYANA PILLAI, "CHANDRODAYAM", MANAPPURAM P.O., CHERTHALA, ALAPPUZHA. BY ADVS. SRI.JOSE ABRAHAM SRI.ANIL THOMAS (MELEMALAYIL) RESPONDENT(S): --------------------- 1. THE MANAGING DIRECTOR, KERALA STATE DRUGS & PHARMACUTICALS LTD., KALAVOOR, ALAPUZHA. 2. THE PERSONNEL MANAGER, KERALA STATE DRUGS & PHARMACUTICALS LTD., KALAVOOR, ALAPPUZHA. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, INDUSTRIES DEPARTMENT, THIRUVANNTHAPURAM . 4. THE REGIONAL JOINT LABOUR COMMISSIONER, (CONCILIATION OFFICER) KOLLAM. R1 & R2 BY ADV. SRI.B.SAJEEV KUMAR,SC,DRUGS & PHARMACEU R3 & R4 BY GOVT. PLEADER SRI. V. VIJULAL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P. NO. 24194/2002 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER NO.KSDP/VIT.A/PRS ¼ 2/90 DATED 06/03/1990. P2: COPY OF THE CONFIRMATION LETTER DATED 03/04/1991 NO.K.S.D.P./VIT.A/2/91 ISSUED BY THE 2ND RESPONDEDNT BY THE PETITIONER. P3: COPY OF THE COMMUNICATION NO.KSDP/VIT.A ¼ PRS/334/2002 DATED 07/05/2002 ISSUED BY THE 2ND RESPONDEDNT. P4: COPY OF THE COMMUNICATION NO.KSDP/VIT.A/PRS/334/2002 DATED 29/06/2002. P5: COPY OF THE MEMORANDUM OF UNDERSTANDING NO.O.493/96 DATED 15/03/1996. P6: COPY OF THE SAID REPRESENTATION DATED 10/06/2002 SUBMITTED BY THE PETITIONER . RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.24194/2002-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 28 th day of June, 2011 J U D G M E N T This petition is one filed by the petitioner seeking for payment of Dearness Allowance applicable to the employees of the Kerala State Drugs and Pharmaceuticals Limited (Formulation Division). 2. According to the petitioner, he was an employee of the Kerala State Drugs and Pharmaceuticals Limited, Kalavoor in Alappuzha District and he was appointed as Security Guard in the Vitamin-A plant on 16/03/1990 as per Ext.P1 appointment order. Initially, he was paid only a monthly consolidated salary of Rs.650/-. Confirmation order was issued as per Ext.P2 and the scale of pay was fixed at the rate of Rs.650/- per month in addition to variable D.A at the rate of 32 paise for every point of above 1706 points of cost of living index for Alappuzha (old series). He was moving the authorities for getting higher emoluments. He retired from service in the year 2002. Petitioner is O.P No.24194/2002 -:2:- relying upon Exts.P3 and P4 in support of the said plea. 3. On behalf of the Company, the Manager (P&A) has filed a counter affidavit. It is pointed out that the Vitamin-A Division and Formulation Division are two distinct divisions in the first respondent company. The service conditions of the employees in the two divisions are distinct and separate. There are separate settlements in respect of the employees of the two different units. Accordingly, it is contended that the petitioner has no legal right to claim D.A and other allowances as applicable to the employees of the Formulation Division of the company and he is governed by the settlement in respect of Vitamin-A Division of the Company. 4. It is further pointed out that there was a claim for and on behalf of the employees who are engaged in working arrangement in the Formulation Division for granting DA and other allowances as applicable to the employees of the Formulation Division and it was decided to grant DA and other allowances and benefits to the petitioner with similarly placed O.P No.24194/2002 -:3:- employees from December 2001. Accordingly, the petitioner was also getting DA and other allowances as applicable to the employees of the Formulation Division from December 2001 till his retirement. 5. It is also submitted that Ext.P5 settlement relating to the workmen in the Formulation Division does not apply to the petitioner. Apart from that it is submitted by the learned Standing Counsel that the Company is already a relief undertaking. 6. Evidently, therefore, the two divisions are distinct and separate, and separate service conditions were there and there have been separate settlements in respect of the employees of the two different units. In the light of the fact that the petitioner was getting D.A from December 2001 till his retirement, no further reliefs can be granted in this writ petition especially since, the settlement relied upon will not be applicable to the petitioner. Therefore, the writ petition is dismissed. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms O.P No.24194/2002 -:4:- T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.24194/2002-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T 28 th day of June, 2011