IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 36863 of 2004(L) ----------------------------------------- PETITIONER(S): ------------------------- T.LEELAMMA, BIJU BHAVAN, THRIKKADAVU, PERINAD P.O., KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT(S): --------------------------- 1. THE QUILON DISTRICT WHOLESALE CO-OPERATIVE CONSUMERS STORES LTD. NO.(Q) 291, CHAMAKKADA, KOLLAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE LABOUR COURT, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36863/2004 L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ORDER DTD. 24/06/2003 IN C.P.NO.87/99. EXT.P2: COPY OF G.O.(P) 1142/98/FIN. DTD. 25/03/1998. EXT.P3: COPY OF G.O.(P) 2386/98/FIN. DTD. 7/10/1998. EXT.P4: COPY OF G.O.(P) 1450/99/FIN. DTD. 9/06/1999. EXT.P5: COPY OF C.P.NO.94/02 FILED BEFORE THE LABOUR COURT, KOLLAM. EXT.P6: COPY OF ORDER DTD. 26/10/2004 IN C.P.NO.94/02. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 36863 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2009 JUDGMENT The writ petition is filed seeking a writ of certiorari or any other appropriate writ or order to quash Ext.P6 order passed by the Labour Court, Kollam. 2. The petitioner is the applicant in a petition filed under Section 33-C(2) of the Industrial Dispute Act, 1947. It is the petitioner's case that she was an employee of the respondent Society from 17.10.96 onwards as saleswoman and retired on superannuation on 30.06.02. According to her, the employees of the Society are entitled to Dearness Allowance and the petitioner is also entitled to such Dearness Allowance notified by the Government. The Society, party respondent, did not appear nor objected the application submitted by the petitioner. The Labour Court considered the question and passed Ext.P6 order finding that the petition is not maintainable. The reasons stated by the Labour Court is that there is no decision taken by the Board of Directors of the Society to implement the Government Order granting Dearness Allowance to W.P.(C)No. 36863 OF 2004 -:2:- the Government servants and therefore the petitioner or similarly placed persons have no right to claim Dearness Allowance. It is also stated in Ext.P6 order that the Government notification conferring the right to claim Dearness Allowance applied only to Government employees, staff of aided schools, private colleges etc. The Labour Court also observed that so far as no industrial dispute is raised by the worker for her eligibility for the amount, there is no occasion to consider the matter on merits. According to the Tribunal, the application is devoid of any merit and not maintainable. 3. The learned counsel for the petitioner invited my attention to the judgment of this Court dated 16.05.05 in OP No.11770 of 1995. The petitioner therein is the respondent Society and respondents 1 to 4 are the employees under the Society. Before this Court the respondent Society contended that the claim of respondents 1 to 4 claiming Dearness Allowance cannot be dealt with under Section 33 C(2) by the Labour Court, in so far as their entitlement to the claim has not been admitted or found in their favour in any award or settlement. This Court held in paragraph 4 of the order that the claims raised in the claim petitions are arrears of Dearness W.P.(C)No. 36863 OF 2004 -:3:- Allowance as per the Government Orders, monetary benefits of higher grade granted by Government Order, medical benefits and bonus and held that those are dues which have already crystallized in terms of money and as such the same falls perfectly within the purview of Section 33 C(2) of the Act. For that reason this Court held that the claim petition is maintainable. 4. Learned counsel for the petitioner brought to my attention Rule 189(3) of the Co-operative Societies Rules 1969, which is extracted as follows: “189. Remuneration and allowances:- xx xx xx xx (3) All employees of societies shall be eligible for Dearness Allowance at the rates allowed by the Government to their employees.” 5. In the light of the statutory provision and decision of this Court in OP No.11770/95, I direct the 2nd respondent/Labour Court, Kollam to consider the claim petition on merits and pass orders in accordance with law. Therefore, Ext.P6 order is quashed. Orders shall be passed by the 2nd respondent within a period of four months W.P.(C)No. 36863 OF 2004 -:4:- from the date of receipt of a copy of his judgment. Writ Petition is disposed of as above. (HARUN-UL-RASHID, JUDGE) ttb