High Court Kerala High Court

Thiruvananthapuram Regional … vs Subhash Chandra Babu on 17 October, 2008

Kerala High Court
Thiruvananthapuram Regional … vs Subhash Chandra Babu on 17 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2453 of 2005()


1. THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE
                      ...  Petitioner

                        Vs



1. SUBHASH CHANDRA BABU, ASST. MANAGER,
                       ...       Respondent

2. THE DIRECTOR OF DAIRY DEVELOPMENT,

3. STATE OF KERALA - REPRESENTED BY

                For Petitioner  :SRI.B.S.KRISHNAN (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :17/10/2008

 O R D E R

J.B. Koshy & K.P.Balachandran, JJ.

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W.A. No. 2453 of 2005

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Dated this the 17th day of October, 2008

Judgment

Koshy,J.

First respondent was working in the erstwhile Kottayam

Central Products Dairy under the Kottayam District Co-operative

Milk Supplies Union Limited as a Shift Operator with effect from

1.12.1976 in the scale of pay of Rs.450-785. The Kottayam District

Co-operative Milk Supplies Union Limited was taken over by the

appellant Union along with the employees and first respondent was

redeployed with effect from 1.3.1985 as Chemist in the same scale

of pay. A settlement was arrived at on 6.2.1986 wherein an

employee is entitled to get grade promotion after eight years of

service as on 30.6.1988. It is also noticed that the managing

director of the Ernakulam Regional Co-operative Milk Producers’

Union has reported that he is eligible for higher grade as per the

agreement. First respondent claimed those benefits. As per Ext.P8

proceedings of the Director of Dairy Development, it was found that

he was eligible for grade promotion. The appeal filed by the

W.A.No.2453/2005 2

appellant was dismissed by the Government. The learned Judge

also dismissed the petition.

2. It was contended before the appellate authority by

the appellant that the settlement was arrived at after a strike and

first respondent did not join the strike and, therefore, the benefit

cannot be granted to the first respondent. But, merely by not

joining the strike, one will not be disentitled to get the benefit of a

settlement which was entered with the Union after the strike.

Secondly, it was contended that the claim was placed after 11

years, but, it is a continuing claim and it has effect even on his

retiral dues. On that ground alone, it cannot be denied especially

having been allowed by the statutory authorities. In the writ

petition filed, it was also contended that considering the salary

scale, he is in the officer grade. An officer is not entitled to the

benefit of such settlement and settlements are applicable only to

workman category irrespective of the fact whether he comes under

the category of workman as defined under the Industrial Disputes

Act. In other words, officers have got separate promotion and wage

revision policy. Considering the wages, first respondent is an officer

and he will get only the benefits granted to officer category and not

as a workman as per the settlement and he is getting all the

W.A.No.2453/2005 3

benefits of officer category, but, unfortunately, such a contention

was not raised before the statutory authorities and it cannot be

raised in the writ petition for the first time. We make it clear that

the benefit is confined to the first respondent alone and if any claim

is raised by similarly placed persons, appellant is free to contest the

same as this question was not raised and considered by the

authorities at all.

With that observation, this writ appeal is disposed of.

J.B.Koshy
Judge

K.P.Balachandran
Judge

vaa

W.A.No.2453/2005 4

J.B. KOSHY
AND
K.P.Balachandran,JJ.

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W.A. No.2453/2005

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Judgment

Date:17th October,2008