IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 OP.No. 2425 of 2001(L) -------------------------------- PETITIONERS: ------------------- 1. ALL KERALA TEXTILE WORKERS AND STAFF FEDERATION, HANTEX PROCESS HOUSE UNIT, BALARAMAPURAM, REG. NO.423/1983, NANDANCODE, THIRUVANANTHAPURAM 3, REP.BY PRESIDENT. 2. K.BAHULEYAN, AGED 48 YEARS, S/O. V.KUTTAN PANIKER, SREE SADANAM, BALARAMAPURAM UNIT SECRETARY, HANTEX PROCESS HOUSE UNIT, ALL KERALA TEXTILE WORKERS AND STAFF FEDERATION, BALARAMAPURAM) BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.N.SURESH RESPONDENTS: ------------------------ 1. STATE OF KERALA REP.BY SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. HANDLOOM TEXTILE DIRECTOR ( REGISTRAR), GOVERNMENT OF KERALA, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. MANAGING DIRECTOR, KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD., NO.H.232, THIRUVANANTHAPURAM. 4. GENERAL MANAGER, HANTEX PROCESS HOUSE, BALARAMAPURAM, THIRUVANANTHAPURAM. OP. NO.2425/2001 ADDL. R5 TO R12 ARE IMPLEADED. 5. B.PADMANABHAN, SEMI SKILLED WORKERS, HANTEX PROCESS HOUSE, PAPPANAMCODE, THIRUVANANTHAPURAM. 6. M.ABDUL SALAM, DO. DO. 7. K.RAVEENDRAN HAIR, DO. DO. 8. K.RAMESAN, DO. DO. 9. MOHANACHANDRAN NAIR, DO. DO. 10. D.BABUCAS, DO. DO. 11. M.THABA, DO. DO. 12. K.SANKARANKUTTY NAIR, DO. DO. ADDL. R5 TO R12 ARE IMPLEADED AS PER ORDER DT. 12.3.2001 IN CMP. NO.11626/2001. ADV. SRI.M.K.CHANDRA MOHANDAS FOR R3 SRI.A.KHARIDAS FOR R5 TO 12 SRI.GOPAKUMAR R.THALIYAL FOR R5 TO 12 GOVERNMENT PLEADER SRI.C.M.KAMAPPU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.NO.2425/2001 ORDER ON CMP. NO.4025/2001 IN OP. NO.2425/2001 DISMISSED 10.07.2008 SD/- A.K.BASHEER, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE LIST OF THE SEMISKILLED WHO ARE MEMBERS OF IST PETITIONER UNION. EXT.P2:- COPY OF THE NOTICE NO.H.P.H/WORKERS/NOTICE-59-91 DT. 13.6.91. ISSUED BY THE 4TH RESPONDENT. EXT.P3:- COPY OF THE RELEVANT EXTRACT OF THE PAY REVISION ORDER, 1`998 ISSUED BY THE GENERAL MANAGER OF THE APEX SOCIETY. EXT.P4:- COPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS OF THE 2ND RESPONDENT BEARING NO.A3/PR/99 DT. 3.12.99. EXT.P5:- COPY OF THE ORDER NO.A3/PR/2000 OF THE 3RD RESPONDENT DT. 5.1.2001. EXT.P6:- COPY OF THE APPLICATION DT. 18.1.2001. EXT.P7:- COPY OF THE ORDER NO.HLC1-5435/99 OF THE 2ND RESPONDENT DT. 14.1.2000. EXT.P8:- COPY OF THE PROCEEDINGS NO.A3/PR/98 OF THE 3RD RESPONDENT DT. 10.2.2000. EXT.P9:- COPY OF THE CONFIRMATION MEMO NO.HPH/APPRENTICE WORKERS - 11/90 ISSUED TO SRI.SUKU BY THE PROJECT OFFICER DT. 27.6.1990. RESPONDENT'S EXHIBITS EXT.R3(a):- COPY OF THE PAY REVISION ORDER NO.A3/PR/99 DT. 3.12.99 OF THE 3RD RESPONDENT. EXT.R3(b):- COPY OF THE RELEVANT PAGES OF THE PAY REVISION PROPOSAL (PAGE NO.10& 11) PUBLISHED BY THE 3RD RESPONDENT. EXT.R3(c):- COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DT. 25.11.99. EXT.R3(d):- COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DT. 14.1.2000. EXT.R3(e):- COPY OF THE DECLARATION OBTAINED FROM THE 2ND PETITIONER DT. 29.2.2000. OP. NO.2425/2001 EXT.R3(f):- COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DT. 6.7.2000. EXT.R3(g):- COPY OF THE ORDER OF THE 3RD RESPONDENT DT. 5.1.2001 NO.A3/PR/2000. EXT.R3(h):- COPY OF THE LETTER OF PROTEST SUBMITTED BY THE IST PETITIONER DT. 27.6.1991. EXT.R3(i):- COPY OF THE LETTER SUBMITTED BY THE IST PETITIONER TO THE 4TH RESPONDENT DT. 25.6.91. EXT.R3 (j):- COPY OF THE FORM OF OPTION SUBMITTED BY THE 2ND PETITIONER DT. 17.6.96. EXT.R3(k):- COPY OF THE FORM OF OPTION SUBMITTED BY THE 2ND PETITIONER DT. 27.12.99. EXT.R3(l):- COPY OF THE STATEMENT OF SERVICE PARTICULARS OF THE EMPLOYEES TAKEN OVER BY THE HANTEX. EXT.R8(a):- COPY OF THE MEMORANDUM OF SETTLEMENT DT. 5.11.1989 ENTERED INTO BETSWEEN MANAGEMENT & THE UNIONS. /TRUE COPY/ P.A. TO JUDGE tss A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.No.2425 OF 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of July 2008 JUDGMENT Petitioner No.1 who is an employees' organisation claims that it represents Textile workers and staff of the Balaramapuram Unit of the Kerala State Handloom Weavers Co-operative Society. Petitioner No.2 represents 38 skilled and unskilled workers working in the above unit. 2. The primary grievance of the petitioners is that they have been denied the benefits which accrued to them under the Pay Revision Order that came into force with effect from January 1, 1998. To be specific, the main complaint is that the scale of pay of Rs.3350-80-3830-85-5275 sanctioned in the pay revision order was revoked or withdrawn by the Director of Handlooms by his proceedings dated July 6, 2000 without any valid or justifiable reasons. 3. Pursuant to the above order issued by the Director, Ext.P5 order was passed by the Managing Director of Kerala O.P.No.2425 OF 2001 2 State Handloom Weavers Co-operative Society, respondent No.3 refixing the scale of unskilled and semiskilled workers as Rs.3050-75-3950-80-5230. 4. It was in the above circumstances, the original petition was filed praying for issue of a writ of certiorari to quash Ext.P5. There was a further prayer to call for the proceedings of the Director of Handloom (Textiles) dated July 6, 2000 which preceded Ext.P5. The other prayer in the original petition is to issue a writ of mandamus or such other appropriate writ or direction to the respondents “to keep parity in pay scale as well as all service conditions for the members of the union in Ext.P1 list with that of their counterparts in Hantex Process House, Pappanamcode and disburse the difference in pay arrears to the workers in Ext.P1 with interest with effect from 1-7-1992.” 5. It is on record that the Managing Director of the society, respondent No.3, had issued Ext.P10 proceedings on 19-8-2002 rectifying certain anomalies in the pay scale of the employees of the society. Ext.P10 will show that the Board of O.P.No.2425 OF 2001 3 Directors of the society had considered the complaints and representations received from various employees and trade unions with regard to the anomalies in the pay revision order. The report of the Sub Committee of the Board of Directors was also considered. It was thereafter that Ext.P10 was issued. 6. In the said order, Sl.No.8 in the schedule refers to the pay scale of the semiskilled workers of the society. The Board of Directors had decided to restore the pay scales of 3350-80- 3830-85-5275 to that category as originally recommended in the pay revision to be effective from 1-1-1998. In other words, the primary grievance of the petitioners had been redressed by Ext.P10 order. 7. Similarly, it was further resolved by the Board of Directors that higher grades would be allowed to the employees as per the existing rules in their next promotion. However, it was ordered that no arrears what so ever will be given for the period up to 31-7-2002. Learned counsel for the petitioners submits that in view of Ext.P10 order the O.P.No.2425 OF 2001 4 grievance of the petitioners would stand redressed. 8. But still petitioners have complained that the society has not yet issued any orders regarding higher grades though they are being paid salary at the rates approved by the Board of Directors in Ext.P10. The other complaint is that Ext.P5 order issued by respondent No.3 has not yet been withdrawn. But in view of Ext.P10, subsequent order issued by respondent No.3, I do not find any merit in the above contention raised by the petitioners. It goes without saying Ext.P5 will stand annulled or withdrawn by issuance of Ext.P10 order. Ordered accordingly. 9. It is submitted by the learned Standing Counsel for the Society that the delay had occurred only because of the uncertainty that had arisen in view of the ban order issued by the Government on March 24, 2001. But in the order dated October 17, 2005 in R.P.202/04 in O.P.34265/02 which related to some dispute with regard to the officers and employees of the society, this court had directed the society to issue appropriate orders restoring the benefits to the O.P.No.2425 OF 2001 5 employees which they were enjoying prior to the issuance of the above Government Order, if such benefits were being enjoyed by them in terms of the pay revision order which came into force on 1-1-98. Admittedly the employees had been enjoying the said benefit. Therefore, I do not find any reason that the society should have any reservation about the implementation of the benefits given to the employees in terms of the pay revision orders as well as Ext.P10 referred to above. The learned Standing Counsel for the Society submits that appropriate orders with regard to Grade Promotions will be issued by the society without any further delay, at any rate, within three months from today. Original Petition is disposed of recording the above submission. (A.K.BASHEER, JUDGE) jes O.P.No.2425 OF 2001 6 A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - O.P.No.2425 OF 2001 - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT Dated 10th July 2008