IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 4233 of 2009(D) ------------------------- PETITIONER(S): --------------- G.NARAYANA PILLAI, S/O.GOPALA PILLAI, RESIDING H.NO.57, MATTUPETTY, IDUKKI DISTRICT. BY ADV. SRI.K.P.VIJAYAN SRI.V.M.SYAM KUMAR SMT.KRIPA ELIZABETH MATHEWS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE MINISTRY OF AGRICULTURE AND ANIMAL HUSBANDRY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA LIVESTOCK DEVELOPMENT BOARD, PATTOM PALACE (PO), THIRUVANANTHAPURAM - 695 004. 3. THE MANAGER, KERALA LIVESTOCK DEVELOPMENT BOARD, MATTUPETTY, IDUKKI DISTRICT. ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE FOR R2-3 SRI.MILLU DANDAPANI FOR R2-3 BY GOVT. PLEADER SRI. P.. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009 A/W. WP(c).N.9806/09 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).Nos.4233/09 & 9806/09 ------------------------ Dated this the Ist day of April, 2009. JUDGMENT Petitioner in WP(c).No.4233/09 is a workman under the Kerala Live Stock Development Board and the petitioner in WP(c).No.9806/09 is a Trade Union representing the workers in the said establishment. 2. The claim in these writ petitions is that in view of the Government Order dated 20.4.2005, the workers are entitled to Rs.250/- towards the weightage and Rs.250/- towards fitment benefit. It would appear that since these benefits have been separately shown in the Government Order referred to above, payment was being made. However by order dated 17.2.2009 issued by the Government of Kerala clarified that the fitment benefit is inclusive of weightage. WP(c).Nos.4233/09 & 9806/09 2 In effect, by virtue of the Government Order referred to above, as against Rs.500 which was being paid, henceforth the employees will be getting only Rs.250/-. While the petitioners contended that in view of the provisions contained in the Government Order dated 20.4.2005, they are entitled to Rs.250/- towards weightage, and Rs.250/- towards fitmen benefit. The management contend that the Government have also clarified the position as per order dated 17.2.2009 , that the workmen can get only Rs.250/-. In my view what calls for in this writ petition is an interpretation of the Government Order dated 20.4.2005 and this necessarily involves appreciation of various disputed question of fact. It is only appropriate that the petitioner in WP (c).No.9806/09, the Trade Union representing the workers of the Kerala Live Stock Development Board, should raise an industrial dispute concerning this issue, in accordance with the provisions of the Industrial Dispute Act. Petitioners contend that in view of the Government Publication dated WP(c).Nos.4233/09 & 9806/09 3 17.2.2009, steps are being taken for recovering the amount that was already paid. The standing counsel appearing for the Kerala Live Stock Development Bard submits that in view of the impending general election, the aforesaid demand has not been implemented, I direct that in order to enable the petitioner to prosecute their remedies before the appropriate forum, recovery if any from the petitioner be kept in abeyance for a period of six months from today. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).Nos.4233/09 & 9806/09 4