IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 14388 of 2009(P) 1. ALL KERALA TEXTILE WORKERS AND STAFF ... Petitioner 2. K. BAHULEYAN, UNSKILLED WORKERS, Vs 1. STATE OF KERALA, REP. BY SECRETARY, ... Respondent 2. DIRECTOR OF HANDLOOM AND TEXTILE 3. MANAGING DIRECTOR, 4. GENERAL MANAGER, HANTEX PROCESS For Petitioner :SRI.K.S.MADHUSOODANAN For Respondent :SRI.M.K.CHANDRA MOHANDAS The Hon'ble MR. Justice P.N.RAVINDRAN Dated :12/08/2009 O R D E R P.N.RAVINDRAN, J. --------------------------- W.P.(C) No.14388 OF 2009 -------------------------- Dated this the 12th day of August, 2009 J U D G M E N T
Heard Sri. K.S.Madhusoodanan, the learned counsel appearing for
the petitioners, Sri. P.Nandakumar, the learned Senior Government
Pleader appearing for respondents 1 and 2 and Sri. M.K.Chandra Mohan
Das, the learned Standing Counsel appearing for respondents 3 and 4.
2. The first petitioner is a registered trade union of employees of
the Kerala State Handloom Weavers Co-Operative Society Ltd. No.H.232,
Thiruvananthapuram, otherwise known as HANTEX. The second
petitioner is an unskilled worker employed in HANTEX and a member of
the first petitioner trade union. Ext.P1 produced in this writ petition is the
list of unskilled workers, twenty in number, who are members of the first
petitioner trade union.
3. The second petitioner and the other nineteen persons named in
Ext.P1 list entered service as unskilled workers in HANTEX on 1.6.1990.
During the year 1998 they were drawing salary in the scale of pay of
Rs.3050-5230/-. With effect from 1.1.1998, the scale of pay of unskilled
workers in HANTEX was revised as Rs.3350-5275/- the scale of pay of
semi-skilled workers. The revision of pay took effect from 1.1.1998. The
second petitioner and the other nineteen persons named in Ext.P1 list
were given salary in the higher scale of pay. Later, due to the
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intervention of the Government, the Director of HANTEX issued an order
dated 6.7.2000 withdrawing the pay revision benefits. Later, by order
dated 5.1.2001, the Managing Director ordered recovery of the excess
salary drawn by the unskilled workers. The petitioners herein thereupon
filed O.P.No.2425of 2001 in this Court. While the said original petition was
pending, pursuant to the decision of the Board of Directors of HANTEX, the
Managing Director of HANTEX issued an order dated 19.8.2002 restoring
the benefits that had been withdrawn by the order dated 6.7.2000. In that
view of the matter this Court disposed of O.P.No.2425 of 2001 by Ext.P2
judgment delivered on 10.7.2008 with the direction that the unskilled
workers represented by the first petitioner union, in whose favour an interim
order has been passed in the writ petition, and who were thereby getting
salary in the scale of pay of semi-skilled workers will continue to draw the
same. Though the Managing Director of HANTEX filed an application
seeking certain clarifications, that application was dismissed by Ext.P3
order passed on 2.12.2008. The second petitioner and the other unskilled
workers who are members of the first petitioner union thereby continued to
draw revised salary from 1.1.1998 in the scale of pay of semi-skilled
workers.
4. In the meanwhile, the Board of Directors of HANTEX that met on
25.7.2006 resolved to grant time bound higher grade promotion to unskilled
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workers subject to the rider that arrears on that count will be disbursed only
with effect from 1.5.2006. The Managing Director thereupon issued Ext.P5
proceedings dated 21.12.2006 incorporating the decision of the Board of
Directors. Thereafter, Ext.P4 order was passed in respect of the second
petitioner sanctioning him first time bound higher grade promotion in the
scale of pay of Rs.4000-90-4090-100-6090 with effect from 1.6.2000 (on
completion of 10 years of service) and also fixed his pay as indicated
therein. It was further directed that he will be entitled to arrears of salary
and allowances only with effect from 1.5.2006. It appears, the decision
evidenced by Ext.P5 was the subject matter of W.P.(C) No. 17189 of 2007
wherein this Court held that there is not even any consistency in the matter
of payment of salary and other service benefits in the HANTEX. This Court
in that view of the matter directed the HANTEX to take a decision on the
request made by the petitioners therein. As directed by this Court in Ext.P7
judgment, the Managing Director of HANTEX issued Ext.P8 letter to the
General Manager, HANTEX, directing him to compute the arrears of salary
and allowances to be paid to the petitioners in W.P.(C) No. 17189 of 2007
with effect from 1.12.1999, the date on which they completed 10 years of
service as unskilled workers. In this writ petition the petitioners challenge
Ext.P5 to the extend it stipulates that payment of back arrears consequent
on account of time bound grade promotion will be limited to the arrears due
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from 1.5.2006 only.
5. The third respondent has filed a statement contending that the
petitioners have not furnished the details of their entry in service and
therefore they are not in a position to furnish the exact details in the matter.
It is also contended that they were granted time bound higher grade
promotion with effect from 1.1.1998 when their pay was hiked from the
scale of pay of Rs.3050-5230 to 3350-5275. Respondents 3 and 4 contend
that the claim made by the petitioners is therefore plainly untenable.
6. I have considered the submissions made at the Bar by the
learned counsel appearing on either side. Ext.P6 produced along with the
writ petition indicates that 17 Upper Division Clerks working in the HANTEX
were sanctioned time bound higher grade promotion on completion of 8
years of service with effect from 1.12.1999 and that they were also given
arrears consequent on such grade promotion with effect from that date.
However, in the case of unskilled workers, the stand taken by the HANTEX
is that though they are entitled to grade promotion on completion of 10
years of service, payment of arrears consequent on grade promotion will
be given only with effect from 1.5.2006. The contention of the petitioners is
that they have been discriminated against. Ext.P8 produced along with the
writ petition shows that in the case of two other persons who are similarly
placed, the HANTEX has taken a decision to pay them arrears consequent
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on grade promotion with effect from the date on which they became entitled
to it, namely 1.12.1999. From the pleadings and the materials placed on
record, it is evident that as noticed by this Court in Ext.P7 judgment there is
no consistency in the matter of payment of salary and other service
benefits in the HANTEX. While many employees are granted the benefits
of grade promotion with effect from the date on which they were given
grade promotion, it has been denied in the case of the second petitioner
and the other 19 employees named in Ext.P1. They have been given the
benefits of arrears consequent on grade promotion only with effect from
1.5.2006. In my considered opinion, the stand taken by the HANTEX in
Ext.P5 and in Ext.P4 as regards payment of arrears consequent on grade
promotion which is reiterated in the statement filed by the third respondent
is arbitrary and discriminatory. The HANTEX, which is a public sector
undertaking, cannot discriminate between its employees in the matter of
payment of grade promotion benefits. Though respondents 3 and 4 have
a case that what was granted to the petitioners with effect from 1.1.1998 is
not grade promotion, from the materials placed on record and especially
having regard to the statements in Ext.P4 and Ext.P5, the said contention
cannot be accepted. Ext.P4 in categorical terms states that the second
petitioner has been given grade promotion with effect from 1.6.2000 on
completion of 10 years of service. I accordingly over rule the said
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contention.
In the result, I allow this writ petition, quash Ext.P4 and P5 to the
extend they limit payment of arrears consequent on grade promotion only
with effect from 1.5.2006. It is declared that the second petitioner and the
other persons named in Ext.P1, who have been granted grade promotion
with effect from 1.6.2000, will be entitled to payment of arrears consequent
on grade promotion with effect from that date. Respondents 3 and 4 are
directed to compute and pay arrears consequent on the grant of grade
promotion to the second petitioner and the other persons named in Ext.P1
with effect from the date on which they were given grade promotion.
Orders in that regard shall be issued and arrears disbursed within three
months from the date on which the petitioners produce a certified copy of
this judgment before the Managing Director of HANTEX. I also direct
respondents 3 and 4 to take a decision in the matter of payment of second
time bound higher grade promotion with effect from 1.6.2008 to the
persons named in Ext.P1 except Sri. K.Sivan Nair and Sri. K.Sasidharan
Nair, who have retired from service prior to that date. A decision in that
regard shall also be taken within the aforesaid period of three months.
P.N.RAVINDRAN, JUDGE
vps
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