IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 27073 of 2006(W) -------------------------- PETITIONER(S): --------------- 1. R.KRISHNAN, S/O.LATE P.RAMAN, AGED 62 YEARS, DIST. SECRETARY, KSEB, PCC LINE WORKERS UNION, PALAKKAD DIST. COMMITTEE, REGD. NO.01/34/89, RESIDING AT MULANTHRODE HOUSE, PARUVASSERI POST, KANNAMBRA, PALAKKAD DISTRICT. 2. K.UMESHBABU, AGED 33 YEARS, S/O.K.THUPPAN EZHUTHACHAN, KUNNATH HOUSE, MANNANUR P.O., KAVALAPPARA VIA., PALAKKAD DISTRICT. 3. K.ABDUL RAHIMAN, AGED 50 YEARS, S/O.MOIDEENKUTTY, KAKKOD HOUSE, P.O.KUMARANEELLOOR, PALAKKAD DISTRICT. 4. T.MOHAMMED, AGED 39 YEARS, S/O.KUNHU ALIS KUNHIPPA, THOPPIL HOUSE, MALA P.O. 5. K.NARAYANAN, AGED 46 YEARS, S/O.VELAYUDHAN, KOLKATTIL HOUSE, P.O.PANAYOOR, VIA.OTTAPPALAM. 6. P.UNNIKRISHNAN, AGED 32 YEARS, S/O.DAMODARAN, PALLATH HOUSE, P.O.PALAPPUARAM, VIA.OTTAPALAM. 7. T.GANGADHARAN, AGED 41 YEARS, S/O.VELU, THRAYIL HOUSE, KABLADIPATTA P.O., PATTAMBI. 8. P.N.SATHEESAN, AGED 33 YEARS, S/O.RAMACHANDRAN, KUNNATH HOUSE, THRIKADEERI P.O. 9. K.C.MANIKKAN, AGED 53 YEARS, KALANTHODY HOUSE, KARUMANMKURISSI P.O., VELLINAZHY VIA., PALAKKAD DISTRICT. WP(C).No. 27073 of 2006 10. U.S.SREENIVAS, AGED 34 YEARS, S/O.U.SREEDHARAN, UNNIYAMBATH HOUSE, MUNDAYA, P.O.GANESHGIRI, SHORNUR. BY ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDYUTHI BHAWAN, PATTOM, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, K.S.E.BOARD, PALAKKAD. 3. CHIEF ENGINEER, HRM, KSEB, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO 3 SRI.JOSE.J.MATHEIKAL, SC FOR KSEB SRI.P.SANTHALINGAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, ALONG WITH WPC NO. 25043 OF 2006, WPC NO. 29706 OF 2005 WPC NO. 18082 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU WP(C).No. 27073 of 2006 APPENDIX PETITIONERS' EXHIBITS: P1: A COPY OF THE SETTLEMENT DATED 29/6/1995. P2: A COPY OF THE CIRCULAR NO.PS (SD) 2815/93 DATED 12/2/1996 ISSUED BY THE IST RESPONDENT. P3: AN EXTRACT OF THE ORDER NO.C&P-1/90-91/89 DATED 7/10/1992. P4: A COPY OF THE P.W.D REVISED SCHEDULE OF RATES. P5: A COPY OF THE ORDER NO.B.O.(F.D) NO.101/2005 (M.G./GENERAL/2003) DATED 11/1/2005 ISSUED BY THE IST RESPONDENT REVISING THE LABOUR DATA WITH EFFECT FROM 1/12/2004 FOR IMPLEMENTATION. P6: A COPY OF THE LABOUR DATAS IMPLEMENTED IN PERUMBAVOOR DIVISION. P7: A COPY OF THE LETTER DATED 9/9/2006. P8: A COPY OF THE JUDGMENT IN WRIT PETITION NO.29706/2005 DATED 13/6/2006. RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU S.SIRI JAGAN, J ---------------------------------- W.P.(C) No.27073 of 2006 & W.P.(C) No.25043 of 2006 & W.P.(C) No.18082 of 2007 & W.P.(C) No.29706 of 2005 ------------------------------------ Dated this the 16th day of November, 2011. JUDGMENT The petitioners in these writ petitions are Kerala State Electricity Board Petty Contractors and Contract Line Workers Union and Contract Workers working for the Kerala State Electricity Board. The Kerala State Electricity Board is fixing labour rates for contract works as per the rates fixed by Public Works Department of the Government of Kerala. Public Works Department revised the rates with effect from 1/12/2004 as per Ext.P4. As per Ext.P5 order dated 11/1/2005 in W.P.(C).No.25043/2006, the Board also directed to revise the labour rates in accordance with W.P.(C) No.27073 of 2006 & C.C. 2 the Public Works Department rates. But the revised rates were not implemented in the Thrissur, Ernakulam and Palakkad Divisions and the Transmission Circle of Kerala State Electricity Board. Therefore, they seek appropriate revision in respect of the labour rates. The Senior Standing Counsel appearing for the Kerala State Electricity Board submits that the law on the question has already been settled by a decision of this Court and contract workers are entitled to payment at the rates decided by the Public Works Department and that if there is any complaint regarding non payment at Public Works Department rates, the same would be looked into by the Board appropriately. W.P.(C) No.27073 of 2006 & C.C. 3 In the above circumstances, I dispose of these writ petitions with a direction to the respondents to see that the complaint of the petitioners in these writ petitions are looked into and if any employee is not paid wages as per rates revised by the Public Works Department for any period, appropriate action shall be taken to pay the arrears to those workers. Orders in this regard shall be passed and arrears paid as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. S.SIRI JAGAN JUDGE su