IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WP(C).No. 20868 of 2010(G) -------------------------- PETITIONER(S): --------------- 1. MADYA VIDESHAMADYA VYAVASAYA THOZHILALI FEDERATION (INTUC), INTUC OFFICE, SANTHI NAGAR JUNCTION, PRESS ROAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL SECRETARY, SHRI. BABU GEORGE. 2. R.SURYA PRAKASHAN, ABKARI WORKER, FL-1 SHOP NO.09025, KSBC, ALATHUR, PALAKKAD. BY ADV. SRI.DEEPU THANKAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, TAXES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE BEVERAGES (M & M) CORPORATION LTD., SASTHAMANGALAM, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. ADV. SRI.ELVIN PETER P.J. FOR R2 MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2010, ALONG WITH WP(C) NO.20915/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.20868 (G) & 20915 (L) of 2010 --------------------------------- Dated, this the 6th day of July, 2010 J U D G M E N T In these writ petitions, the claim is for equal pay. 2. The 1st petitioner in WP(C) No.20868/2010 is a Trade Union and the 2nd petitioner is an Abkari Worker. Insofar as WP(C) No.20915/2010 is concerned, the 1st petitioner is a Trade Union and petitioners 2, 3 & 4 are Abkari Workers. 3. According to the petitioners, their engagement has been styled as Daily Waged, and that persons similarly situated, who have been appointed on regular basis, are being paid salary and other allowances and at the same time, the employees like them who are engaged on daily wages are only paid Rs.180/- per day. According to them, having regard to the similarity of the duties discharged by them, they are entitled to be paid wages on a par with the regular employees, who are discharging duties as Abkari Workers. It is on this premise, these writ petitions have been filed. 4. The claim raised in these writ petitions is that daily WP(C) Nos.20868 & 20915/2010 -2- waged employees should be paid salary and allowances, which are being paid to regular employees working in the category of Abkari Workers. From the nature of the engagement of the petitioners, it is undisputed that they are not regular employees. Only regular employees can claim salary and allowances, which are allowed to that category. Since the petitioners do not belong to that category, and as the engagement of the petitioners is on daily wage basis, the petitioners cannot claim equality with the regular employees of the Corporation, even if they are working in the category of Abkari Worker. Therefore, I do not find any substance in the claim raised in these writ petitions. The writ petitions fail and are accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg