High Court Kerala High Court

Kerala Co-Op. Employees Front vs State Of Kerala on 30 June, 2009

Kerala High Court
Kerala Co-Op. Employees Front vs State Of Kerala on 30 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18103 of 2009(G)


1. KERALA CO-OP. EMPLOYEES FRONT,
                      ...  Petitioner
2. K.GANGADHARAN,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE REGISTRAR OF CO-OP. SOCIETIES,

3. THE KERALA STATE CO-OP. HOUSING

4. THE MANAGING DIRECTOR,

                For Petitioner  :SRI.T.A.SHAJI

                For Respondent  :SRI.MOHAN C.MENON

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :30/06/2009

 O R D E R
                   ANTONY DOMINIC,J.
                ---------------------
                 W.P.(C).No.18103 OF 2009
             ------------------------
           Dated this the 30th day of June, 2009.

                         JUDGMENT

First petitioner is an Association of the Employees of

the 3rd respondent and the 2nd petitioner is one of its

members. Their grievance is mainly regarding Ext.P5. It is

stated that by Ext.P2, the Pay Revision Committee

submitted its report, which inter alia provided the

principles of pay fixation, where it was stated that the

arrears from 1.1.2005 is limited to 10% instead of 15% of

fitment benefit. According to the petitioners since the

receipt of Ext.P2, the employees have been receiving the

benefit on that basis. Subsequently, Ext.P3 Government

Order was issued implementing Ext.P2, but however

providing that arrears will be limited to 10% of the basic

pay. As a result of the aforesaid provision in Ext.P3, the

benefits which were already received by the workmen, were

WP(c).No.18103/09 2

in excess of what was provided therein and in order to resolve

the contradiction between Exts.P2 and Ext.P3 to the above

extent, petitioners filed Ext.P4 representation before the first

respondent. The matter is pending consideration of the first

respondent and at that stage, the 3rd respondent has issued

Ext.P5, directing recovery of the amount received by the

employees in excess of what is provided in Ext.P3. It is in

these circumstances, the writ petition has been filed.

2. When the matter was taken up for hearing, the only

prayer that is pressed before me is for a direction to the first

respondent to consider and pass orders on Ext.P4, as

expeditiously as possible and to direct that Ext.P5 and

identical communications be kept in abeyance in the

meanwhile.

3. I heard the Government Pleader on behalf of

respondents 1 and 2 and also the Standing Counsel appearing

on behalf of respondents 3 and 4. Having regard to the

grievance of the petitioners as highlighted in Ext.P4 and in

WP(c).No.18103/09 3

view of the recovery that is now proposed by Ext.P5 and other

identical communications issued in this behalf, I feel that it is

only appropriate that the first respondent shall consider

Ext.P4.

4. Therefore there will be a direction to the first

respondent to consider and pass orders on Ext.P4, as

expeditiously as possible and at any rate within 8 weeks from

the date of production of a copy of the judgment along with a

copy of this writ petition, with notice to the Ist petitioner and

the 3rd respondent. It is directed that in the meanwhile

recovery pursuant to Ext.P5 and similar other communications

issued by the 4th respondent shall be kept in abeyance.

Writ petition is disposed of as above.

(ANTONY DOMINIC)
JUDGE
vi/

WP(c).No.18103/09 4