IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 1322 of 2009(G) -------------------------------------- PETITIONER(S): ------------------------ 1. GOPAKUMAR,ASSISTANT (ON DAILY WAGES), KERALA STATE BEVERAGES CORPORATION, THIRUVANANTHAPURAM. 2. L.BABY,TYPIST (ON DAILY WAGES),KERALA STATE BEVERAGES CORPORATION ,THIRUVANANTHAPURAM. 3. SUCHEENDRA BALAN,DRIVER (ON DAILY WAGES) KERALA STATE BEVERAGES CORPORATION, THIRUVANANTHAPURAM. 4. K.BINDU, PEON(ON DAILY WAGES),KERALA STATE BEVERAGES CORPORATION,THIRUVANANTHAPURAM. 5. SYED ALI,PEON(ON DAILY WAGES),KERALA STATE BEVERAGES CORPORATION,THIRUVANANTHAPURAM. 6. B.MADHU, ASSISTANT(ON DAILY WAGES), KERALA STATE BEVERAGES CORPORATION, THIRUVANANTHAPURAM. 7. S.SHYLAJA,ASSISTANT (ON DAILY WAGES), KERALAL STATE BEVERAGES CORPORATION, THIRUVANANTHAPURAM. 8. D.SOBHANA, ASSISTANT (ON DAILY WAGES), KERALA STATE BEVERAGES CORPORATION, THIRUVANANTHAPURAM. 9. T.K.RAJU, PEON(ON DAILY WAGES), KERALA STATE BEVERAGES CORPORATION, THIRUVANANTHAPURAM. 10. K.VENUGOPALAN,PEON(ON DAILY WAGES), KERALA STATE BEVERAGES CORPORATION, THIRUVANANTHAPURAM. BY ADV. MR.JACOB P.ALEX W.P.(C) NO.1322/2009 RESPONDENT(S): -------------------------- 1. KERALA STATE BEVERAGES CORPORATION, REP. BY ITS MANAGING DIRECTOR,SASTA KRIPA OFFICE COMPLEX,SASTHAMANGALAM.P.O,THIRUVANANTHAPURAM. 2. KERALA ABKARI WORKERS WELFARE FUND BOARD REP. BY ITS CHIEF WELFARE FUND INSPECTOR,HEAD OFFICE,POWER HOUSE ROAD,THIRUVANANTHAPURAM. 3. STATE OF KERALA,REP.BY ITS SECRETARY, TAXES DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. ADV. MR.P.J.ELVIN PETER,SC,BEVERAGES CORPN. FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 1322 of 2009 --------------------------------------------------- Dated this the 12th day of February, 2009 JUDGMENT All the petitioners are employees of first respondent Bewerages Corporation, who are working on daily wages. The 1st petitioner joined service in the year March, 1998, 2nd petitioner in June, 1997, 3rd petitioner in April, 1998, 4th petitioner in December, 1999, 5th petitioner in June, 1998, 6th petitioner in March, 1998, 7th petitioner in March, 1998, 8th petitioner in July, 1998, 9th petitioner in December, 1988 and the 10th petitioner in September, 1999. 2. Ext.P1 is an order by which the Government granted certain benefits which were declared as per Excise Policy 2001-02. It is submitted that as per Ext.P1, all employees working with the first respondent who were working before 31.3.2000 were regularised in service by the first respondent and all of them except the petitioners were getting the benefits flowing from Ext.P1. The Abkari Workers are allowed to be registered with the Abkari Welfare Fund and hence various benefits were conferred to them also. The question is whether the petitioners come within the parameters of Ext.P1. By Ext.P2, the first respondent has forwarded the details of 48 temporary workers including that of the petitioners. According to the petitioners, therein the dates of joining relating to them have been shown in wrongly ie. wpc:1322 of 2009 2 in the year 2002-2003. 3. The case of the petitioners is that the same does not reflect the correct dates. The petitioners rely upon Ext.P3, the reply given by the Public Information Officer of the first respondent under the Right to Information act. The same will disclose that all the petitioners are engaged prior to 1.4.2000. Therefore, the petitioners seek for appropriate direction to the first respondent to forward the details which are reflected in Ext.P3 in modification of Ext.P2 which was forwarded to the Welfare Fund authorities. 4. The Division Bench of this Court in W.A.No.2031 of 2008, considered various aspects concerning similarly placed employees. Mainly, the question was considered whether the order passed by the Government specifically in G.O.(MS) No.137 of 2006 dated 06.11.2006 withdrawing the scheme under Ext.P1 is justified or not. The right of the workers for enrolment as per Ext.P1 was upheld by the said judgment. Finally, further directions have been issued to the Welfare Fund Board. The Division Bench therein held that: “there cannot be any dispute that the temporary workers now working under the Kerala State Beverages Corporation are covered under the definition of 'Abkari Workers'. The principle condition for enrollment under wpc:1322 of 2009 3 the scheme is only three months’ continuous service. According to the temporary workers, all of them are qualified to be enrolled under the scheme. Be that as it may it is a matter of factual verification, by the welfare fund inspector under the scheme, since enrolment is permissible only if the 'Abkari workers' satisfy the conditions under the scheme.” 5. The said direction is binding on the first respondent. Therefore, the first respondent will forward the details reflected in Ext.P3 to the Welfare Fund Inspector, second respondent. The Welfare Fund Inspector will conduct appropriate verification for giving enrolment. The due benefits to the petitioners under Ext.P1 scheme will be extended thereafter. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps