IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 20161 of 2008(A) -------------------------- PETITIONER: ------------ BIJU ABRAHAM, S/O K.J.ABRAHAM, AGED 40 YEARS, KURISINKAL HOUSE, NOW WORKING AS ELECTRICIAN, KEL LTD., KASARGOD UNIT. BY ADV. SRI.PAULSON THOMAS RESPONDENTS: ----------------- 1. KERALA ELECTRIC AND ALLIED ENGINEERING CO. LTD., (GOVT OF KERALA UNDERTAKING), REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, 7TH FLOOR, HOUSING BOARD OFFICE COMPLEX, PANAMPILLY NAGAR, KOCHI 682 016. 2. GENERAL MANAGER, KERALA ELECTRIC AND ALLIED ENGINEERING CO.LTD., (A GOVT OF KERALA UNDERTAKING), KASARGOD UNIT. 3. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO INDUSTRIES, DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. STANDING COUNSEL ADV.SRI.ASOK M.CHERIYAN FOR R1&R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 20161 of 2008 -------------------------- Dated this the 4th July, 2008 J U D G M E N T Petitioner is working as Semi skilled worker (Electrician) in the Kasargod Unit of the 1st respondent. He was originally recruited as semi skilled worker (Electrician) in the Kasargod unit on 22.2.1993 and subsequently transferred to Mamala Unit at Ernakulam district with effect from 27.7.1993. He was again transferred and posted back in Kasargod Unit with effect from 12.8.1996. On his request he was permitted to join in the Kerala State Beverages Corporation on deputation on 22.8.2001. But, the appointment in the Kerala State Beverages Corporation was only on deputation and he continued as semi skilled worker in the service of the 1st respondent. The period of deputation expired and petitioner was required to join the 1st respondent Corporation. 2. Apparently, petitioner along with other semi skilled workers in the Kasargod unit had approached this W.P ( C) No. 20161 of 2008 2 Court in O.P.19722 of 1998 seeking a direction to the 1st respondent for protection of their pay and allowances notwithstanding the transfer from Kundara/Mamala Units of the 1st respondent. The said writ petition was ultimately dismissed by Exhibit- P2 judgment, though Exhibit P1 interim order was granted in the meanwhile for protection of pay and allowances given to them. Subsequently, an out of court settlement- Exhibit P3 was arrived at. The other petitioners in Exhibit P2 judgment, derived the benefit of Exhibit P3. Apparently, petitioner was not benefited essentially because when the settlement is arrived at on 15.2.2005, at that time he was working in the Beverages Corporation on deputation. Petitioner submits that when he rejoined the Kasargod Unit, he found that his pay was lower than that of other employees who have the same seniority in the same category and who had originally worked at Mamala or Kundara. Petitioner has brought this alleged anomaly to the notice of the 1st respondent by Exhibit P4 representation and has thereafter approached the Government vide Exhibit P5. The same is pending W.P ( C) No. 20161 of 2008 3 consideration. 3. I heard learned counsel for the petitioner and learned Government Pleader and learned standing counsel for the 1st respondent. 4. Petitioner’s claim may be considered by the 1st respondent in the first instance and then forwarded to the Government for approval. In the result, the writ petition is disposed of directing the 1st respondent to consider Exhibit P4 and take a decision thereon within a period of three months from the date of receipt of a copy of this judgment. Thereupon, the same shall be forwarded to the Government within one month thereafter. Government shall then take a decision on Exhibit P5 within two months from the date of receipt of remarks from the 1st respondent. Government shall hear the petitioner and 1st respondent before a decision is taken as aforementioned. (V.GIRI, JUDGE) ma W.P ( C) No. 20161 of 2008 4 W.P ( C) No. 20161 of 2008 5