IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 2525 of 2001(A) ---------------------- PETITIONER: --------------- 1. A.C. VARGHESE, AGED 56, S/O. CHACKO, KIRIKKAL HOUSE (20/702), PALLURUTHY, KOCHI -6. 2. SANKARAN THANKAMMA, AGED 56, W/O. SANKARAN, PATTATHIL PARAMBU, HOUSE NO.20/903, PALLURUTHY, KOCHI -6. 3. LONAN OUSEPH, AGED 52, S/O. LONAN, PULIMOOTIL PARAMBU, PANAYAPPILLY, KOCHI – 2. 4. K.A. VINCENT, AGED 44, S/O. JOSEPH, PATTATIL PARAMBU, PALLURUTHY, KOCHI -6. 5. K.T. RAVI, AGED 49, S/O. THANKAPPAN, KIZHAKKAMURI PARAMBU, H. NO.1303/XII, PALLURUTHY, KOCHI -6. 6. P.C. RAMAKRISHNAN, AGED 54, S/O. CHANDIRI, PADANNAYIL H.NO. 11/124-A) KADEBHAGAM, PALLURUTHY, KOCHI-6. 7. P.M. SAINUDDIN, AGED 46, S/O. MUHAMMED, PULIPPARAMBIL HOUSE, 21/1879, PALLURUTHY, KOCHI -6. 8. T.J. CHANDRASENAN, AGED 40, S/O. T.P. JEEVAN, THAIPPARAMBIL HOUSE, S.D.P.Y. ROAD, PALLURUTHY, KOCHI-6. 9. C.N. YASODA, AGED 53, W/O. N.K. SHANMUGHAM, NIKARTHIL HOUSE, (20/1712) PALLURUTHY, KONAM, KOCHI -6. 10. V.S. KUNJAPPAN, AGED 47, S/O. SANKU, VALAYAMKANDTHIL HOUE, PALLURUTHY P.O., NAMIAPURAM, KOCHI -6. BY ADV. SRI.K.S.MADHUSOODANAN OP.No. 2525 of 2001 RESPONDENTS: ------------------ 1. STATE OF KERALA TO BE REP. BY SECRETARY, LOCAL ADMINISTRATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. SECRETARY, COCHIN CORPORATION, ERNAKULAM. 4. DEPUTY EXAMINER, LOCAL FUND AUDIT, ERNAKULAM. BY ADV. SRI. M.V. JOSEPH SC FOR COCHIN CORPORATION GOVERNMENT PLEADER SRI. T.T. MAHMOOD. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.2525/2001. ORDER ON C.M.P.NOS.4265/01, 4266/01 IN O.P.NO.2525/2001 DISMISSED 18.1.2008 SD/- S. SIRI JAGAN, JUDGE. APPENDIX EXT.P1: COPY OF THE SCHEDULE OF THE SERVICE PARTICULARS OF THE PETITIONERS. EXT.P2: COPY OF THE MINUTES DATED 5.11.2000. EXT.P3: COPY OF THE MEMO OF THE 3RD RESPONDENT DTD 20.12.2000. EXT.P4: COPY OF THE PAY REVISION ORDER NO.G.O.(MS) 127/2000/LAD DATED 4.5.2000 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE PAY FIXATION STATEMENT OF THE PETITIONER NOS..1,3,8,9,10 AND OTHERS. RESPONDENT'S EXHIBITS EXT.R3(A): TRUE COPY OF THE MINUTES OF THE MEETING DATED 19.12.2000. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.2525 OF 2001 ---------------------------------------- Dated this the 18th day of January, 2008 JUDGMENT The petitioners in this original petition are employees of the Cochin Corporation. They have filed this original petition, for direction to the Corporation to disburse 50% of 1994 wage board arrears and arrears from 1.5.2000 of the 1999 wage board recommendation in cash with interest, to deposit the arrears from 1.4.99 to 30.4.2000 in the respective P.F. Account of the petitioners, to direct the Corporation to place the service records of the petitioners for fixation of pay before the 4th respondent and for a direction to the 4th respondent to refix the same in accordance with Ext.P4. 2. A counter affidavit has been filed by the Corporation. The counter affidavit is dated 23.2.2001. In paragraphs 3 to 5 of the counter affidavit, it is stated as follows: “3. Petitioners are contingent employees in the Western Zonal Office of this respondent. The contingent employees of this respondent are represented by the Trade Unions. It is evidenced O.P.NO.2525/2001 2 by Ext.P2. It can be seen from Ext.P2 that a decision has been taken in the meeting with the Worshipful Mayor in the Chair on 15-11-2000 that before December 2000 steps will be taken to complete the work regarding the fixation of pay of contingent employees as to 1994 Wage Board recommendation as well as 1999. Thereafter another meeting took place on 19-12-2000 with the Worshipful Mayor in the Chair. The true copy of the Minutes of the meeting is produced herewith and marked as Ext.R3(a). It can be seen from Ext.R3(a) that 50% of the arrear Bill to be deposited in the P.F. Account are not traceable in the account Section and the concerned Health Inspectors have to prepare and submit fresh bills to the concerned section within 20 days. 4. 50% of the amount as per 1994 Wage Board recommendation has been p aid and the balance 50% has to be remitted in the P.F. Account. The reason is some bills are lost in the local audit fund Section of the 4 th respondent. The delay has thus occurred to carry out the decision evidenced by Ext.P2 and Ext.R3(a). All efforts in this regard are being done and some two months' time more is needed in the matter. 5. The O.P. is filed by the 10 contingent employees to redress their grievances, but there are innumerable contingent employees in the Corporation of Kochi similarly placed like the petitioners. The Corporation has to redress the grievances of all the contingent employees including the petitioners in the O.P. The trade union leaders representing the contingent employees are co-operating with this respondent in redressing the grievances of the petitioners as O.P.NO.2525/2001 3 well as similarly placed employees like the petitioners and will be redressed with utmost speed.” In view of the above categoric statement, I dispose of this writ petition with a direction to the Corporation to take and complete the action as undertaken in the counter affidavit, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment, if not already completed. The original petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd O.P.NO.2525/2001 4