IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND SEPTEMBER, 2009 / 31ST BHADRA, 1931 WA.No. 640 of 2007 (AGAINST THE JUDGEMENT IN OP.37567/2002 Dated 10/07/2006) .................... APPELLANT/PETITIONER: ------------------------------------ THE TRICHUR WHOLE SALE CO-OPERATIVE CONSUMER STORES LIMITED NO.R.239, THRISSUR-680 001, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS/RESPONDENTS 1 & 2 AND ADDL. RESPONDENTS: -------------------------------------------------------------------------------------------- 1. THE LABOUR COURT, ERNAKULAM. 2. P.K.ITTIYACHAN, C/O.TWCCS LIMITED NO.239, THRISSUR 680 001 AND 63 OTHER REPTD. BY SRI. K.V.K.PANICKER, PRESIDENT, WHOLE SALE CO-OPERATIVE CONSUMER STORES EMPLOYEES ASSOCIATION, RICE BAZAR, THRISSUR-680 001. 3. THE WHOLE SALE CO-OPERATIVE CONSUMER STORES EMPLOYEES ASSOCIATION, RICE BAZAR, THRISSUR-680 001, REPRESENTED BY ITS PRESIDENT, SRI. K.V.K.PANICKER. BY ADV. SRI.V.G.ARUN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- W.A.No. 640 of 2007 --------------------------------------------- Dated this the 22nd day of September, 2009 J U D G M E N T Ramachandran Nair,J: Heard counsel for the appellant. 2. This is a second round litigation in the very same matter pertaining to the claim of arrears of wages by the employees of a Co- operative Society. The amount claimed is towards the D.A.arrears payable from 1989-1993. Even though counsel for the appellant contended that Ext.R2(a) Government Order does not apply to the employees of the appellant-Co-operative Society, we find that this issue is settled by virtue of Ext.P3 judgment rendered by this Court in the first round wherein this Court, by referring to Rule 189(3) of the Kerala Co-operative Societies Rules,1969, held that the employees of W.A. NO.640 of 2007 :-2-: Co-operative Societies are entitled to get dearness allowance at the same rate granted by the State Government to its employees. In fact, respondents produced Ext.R2(a), the Government Order issued by the Government fixing the rate of D.A. applicable to the Government servants. The learned single Judge found that arrears are computed in accordance with the latest Government Orders. So much so, we find no ground to interfere with the order of the Labour Court, confirmed by the learned Single Judge and consequently, the writ appeal is dismissed. C.N.Ramachandran Nair, Judge. V.K.Mohanan, Judge. MBS/ W.A. NO.640 of 2007 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------------- I.T.A.NO. OF 200 -------------------------------------- ------ W.A. NO.640 of 2007 :-4-: J U D G M E N T DATED: -9-2009 W.A. NO.640 of 2007 :-5-: