IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 20757 of 2003(U) --------------------------------------- PETITIONER(S): ---------------------- 1. TRAVANCORE SUGARS AND CHEMICALS, EMPLOYEES UNION (INTUC), VALANJAVATTOM, THIRUVALLA, REP.BY THE JOINT SECRETARY. 2. P.R.F. WORKERS UNION (CITU), VALANJAVATTOM, THIRUVALLA, REP.BY THE GENERAL SECRETARY. 3. P.R.F. LABOUR UNION(KTUCM), VALANJAVATTOM, THIRUVALLA REP.BY THE GENERAL SECRETARY. BY ADVS. SRI.E.M.JOSEPH SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SMT.PRIYA MAHESH SMT.PRIYA MANJOORAN RESPONDENT(S): -------------------------- 1. TRAVANCORE SUGARS AND CHEMICALS LTD., VALANJAVATTOM, THIRUVALLA REP.BY THE DIRECTOR AND GENERAL MANAGER. 2. STATE OF KERALA, INDUSTRIES (F) DEPARTMENT, THIRUVANANTHAPURAM, REP.BY THE SECRETARY. R2 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ORDER ON IA. NO.7659/2003 IN W.P.(C) NO.20757/2003 DISMISSED 07/06/2011 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.G.O.(M.S) 111/2001/ID DTD. 28.6.2001 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE ORDER NO.G.O.(MS) 119/2001/ID DTD. 1.8.2001 ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE REPRESENTATION DTD. 6.11.2002 SUBMTITED BY THE PETITIONERS BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 20757 of 2003-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of June, 2011. JUDGMENT This writ petition is filed by the Union representing the workers of the first respondent Company. The grievance raised in the writ petition is regarding the non payment of arrears of emoluments as far as the category of workers are concerned, as provided in Ext.P1 order passed by the Government. The petitioner has got a case that with regard to the officers of the Company, a similar order was passed as per Ext.P2 by the Government and benefits have been granted to them. 2. The first respondent has filed a counter affidavit wherein, in para 4 it is stated that as regards the employees in the workmen category are concerned, their pay and allowances were revised with effect from 1.1.1988 and thereafter the second respondent by order dated 28.6.2001 sanctioned revision of pay and allowances by 18% with effect from 1.1.1998 for 5 years with monetary benefits from 1.4.2001. Although the payment of arrears was to be made only when the financial conditions of the company improves, the arrears have in fact been paid to the workmen on 24.8.2001. 3. In the reply affidavit, the above contention has been disputed in wpc 20757/2003 2 para 4. It is stated that what was paid by the first respondent was only the difference in wage revision from the date of cabinet decision on 28.3.2001 to the date of Government Order on 28.6.2001, concerning employees and that too was not paid in full, but was adjusted in a lump towards the festival advance and a paltry sum of Rs.300/- was paid to the employees and it cannot be said that Ext.P1 has been implemented in full. 4. What is provided in Ext.P1 with regard to the payment of arrears , is that it will be paid as and when the financial condition of the Company improves. Learned counsel for the petitioner submitted that even though proceedings were there before the B.I.F.R., the same has been withdrawn and the Company has been making a profit for a number of years. 5. I am not finally pronouncing on the said dispute. The petitioners have already filed representation Ext.P3. The first respondent will consider the same in the light of Ext.P1 Govt. Order and pass appropriate orders within a period of three months from the date of receipt of a copy of this judgment and the amount, if any due, will be disbursed in accordance with the decision thus taken. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/ wpc 20757/2003 3 T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 20757 of 2003-U - - - - -- - - - - - - - - - - - - - - - - - - - - x JUDGMENT 7th June, 2011.