K.S Mohanan Nair vs Kerala State Handloom Weavers ...
2021 Latest Caselaw 471 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                       WP(C).No.27620 OF 2018(B)


PETITIONER/S:

      1         K.S MOHANAN NAIR
                ERAVILA PUTHENVEEDU, PERIKAVU P.O.,
                PEYAD, THIRUVANANTHAPURAM 695003

      2         G.SASIDHARAN
                REVATHY MANDIRAM,
                KIDARAKUZHY, VENGANOOR P.O.,
                THIRUVANANTHAPUAM - 695 523.

      3         SREEDHARAN NAIR.V.
                MAZHAVANCHERY,
                KONATHU VEEDU,
                MUTTADA P.O.,
                THIRUVANANTHAPURAM - 695 025.

      4         SULAIKHA BEEVI.S.
                HARSHAD MANZIL,
                ALUMMOODU,
                P.O.MANDALAM,
                KOCHALUMMOODU,
                KOLLAM DISTRICT.

      5         SHYLAJADEVI
                TC 16/1289, AVITTOM,
                KURKU VILAKHAM ROAD,
                KANNETTUMUKKU,
                JAGATHY, THIRUVANANTHAPURAM.

      6         RADHAMONY.G.
                VRINDAVANAM, KAIRALI NAGAR,
                C.121/1, THIRUMALA P.O.,
                THIRUVANANTHAPURAM.

      7         S.SUGANDHY
                UTHRADOM, MANAPPUAM,
                PEYATTUVILA P.O.,
                BALARAMAURAM,
                THIRUVANANTHAPUAM.

      8         K.B.SUMAM
                NEWTONE GANDHIPURAM,
 WP(C).No.27620 OF 2018(B)

                            2

           SREEKARIYAM P.O.,
           THIRUVANANTHAPURAM - 695 017.

     9     S.THULASEEDHARAN
           ANJU BHAVAN,
           VELIYEM, KOTARAKKARA,
           KOLLAM DISTRICT - 691 540.

     10    C.MOHANAN
           PATTIYARAMTHUNDUVILA,
           NEDUMGULAM P.O.,
           SOUTH PERAVOOR,
           KOLLAM.

     11    K.S.SURENDRAN NAIR
           T.C.18/1110/(1), THAJUS,
           TOGUR ROAD, THRIKKANNAPURAM,
           ARAMADA P.O.,
           THIRUVANANTHAPURAM - 695 032.

     12    MURALIDHARAN UNNITHAN
           DIVYM VADAKAVILA,
           BALARAMAPURAM,
           THIRUVANANTHAPURAM - 695 501.

     13    K.JAYADEVI THANKACHI
           UTHRUTTATHIL,
           VAEDYASALA,
           NAGAR - 9, ASRAMAM P.O.,
           KOLLAM - 691 002.

     14    B.K.SUJATHA
           POOMUGATHU THAZHUTHALA,
           KOTTIYAM P.O.,
           KOLLAM - 691 571.

     15    R.REMAMANI
           VALIYAZHIKOM, VAIDYASALA,
           NAGAR - 473, ASRAMAM P.O.,
           KOLLAM - 691 002.

     16    K.C.PRASANNAKUMAR
           KESAVA VILASOM,
           THAZHAM, CHATHANNOOR.P.O.,
           KOLLAM - 691 572.
 WP(C).No.27620 OF 2018(B)

                            3


     17    N.RAJENDRAN
           LIJIN NIVAS, KAITHAKKUZHI,
           VELICHIKKALA P.O.,
           KOLLAM - 691 573.

     18    SANKARANAN.T.M.
           KUNIYIAL, SANGEETHIKA,
           KOLARCD STREET,
           CHOMPALA POST,
           VATAKARA - 673 308,
           KOZHIKODE DISTRICT.

     19    K.REGHUNATHAN
           REVATHI, ATHIYANNOOR,
           ARALUMMOODU P.O.,
           NEYYATTINKARA,
           THIRUVANANTHAPURAM - 695 123.

     20    VILASINI.K.
           TC 14/649(1), DIYA,
           NEW TC 27/1363-NARA-203,
           ABSERVATORY LINE, VIKASBHAVAN P.O.,
           THIRUVANANTHAPURAM - 695 033.

     21    N.K.BASKARAN
           ANCHUKUDI HOUSE, TIKKODI P.O.,
           KOZHIKODE - 673 529.

     22    L.SYLET
           SREELEKSHMI,
           MUKKOLA, KOTTAPPURAM P.O.,
           THIRUVANANTHAPURAM - 695 521.

     23    S.SURENDRAN
           SHAILA NIVAS, TC 7/1960,
           SREECHITHRA NAGAR,
           PANGOU, THIRUMALA P.O.,
           THIRUVANANTHAPUAM - 695 006.

     24    T.VALSARAJ
           PUTHANPURAYIL HOUSE,
           MANIYOOR P.O.,
           (VIA) PAYYOLI, VATAKARA,
           KOZHIKODE DISTRICT - 673 523.
 WP(C).No.27620 OF 2018(B)

                                4


           BY ADVS.
           SHRI.SASTHAMANGALAM S. AJITHKUMAR
           SHYAM S.
           KARNIS N.K.
           KIRAN PETER KURIAKOSE
           VINAYKUMAR VARMA

RESPONDENT/S:

     1     KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE
           SOCIETY LIMITED
           REPRESENTED BY ITS MANAGING DIRECTOR,
           P.B.NO.64, THIRUVANANTHAPURAM.
           695001

     2     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO INDUSTRIES(C)
           DEPARTMENT, SECRETARIT, THIRUVANANTHAPUAM

     3     REIONAL PROVIDENT FUND COMMISSIONER
           REGIONAL OFFICE,
           BHAVISHYANIDHI BHAVAN,
           PATTOM P.O., P.B.NO.1016,
           THIRUVANANTHAPURAM - 695 004.

           R1   BY   ADV. N.REGHURAJ STANDING COUNSEL
           R2   BY   GOVERNMENT PLEADER
           R3   BY   ADV. SRI.N.N.SUGUNAPALAN (SR.)
           R3   BY   SRI.S.SUJIN, SC, EPFO

           SC S SUJIN., SC N REGHURAJ., GP P. HARISH KUMAR

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.27620 OF 2018(B)

                                 5




                          JUDGMENT

Dated this the 7th day of January 2021

Petitioners, 24 in number, are former employees of the

1st respondent. All are retired persons who attained

superannuation on various dates after 01.07.2004. The issue

raised relate to the fixation of pay for grant of pension apart

from arrears of salary consequent to the above referred pay re-

fixation.

2. It is pointed out that though the 1st petitioner had

filed Ext.P7 representation, only an evasive reply was given by

Ext.P8, stating that due to the financial difficulty faced by the

1st respondent, the application will be considered only at a

later stage when the financial condition improves.

3. The petitioner has produced Ext.P10 which is an WP(C).No.27620 OF 2018(B)

order dated 09.10.2019 issued by the 1st respondent pursuant to

a direction in the writ petition. According to the learned

counsel for the petitioner, Ext.P10 relates to similarly situated

persons to whom the benefits, similar to those claimed by

petitioners, were granted. Since petitioners have been

selectively discriminated upon, denial of benefits under Ext.P1

is stated to be arbitrary. Petitioners pray that identical

benefits, as granted in Ext.P10, ought to be granted to them

also.

3. Ext.P1 pay revision order was accepted as evident

from Exts.P2 and P3. It is a decision taken by the 1 st

respondent itself. Certainly, when a decision has been taken by

the 1st respondent, it is binding and they are bound to abide by

it, so contends the counsel for petitioner. As per Ext.P1, pay

revision to the employees of the 1st respondent w.e.f 01.07.2004

was ordered subject to a condition. It is alleged that inspite of

repeated demands, the benefits under Ext.P1 has not been WP(C).No.27620 OF 2018(B)

granted to petitioner. According to the petitioners, though

promises have been made to them, actual benefits due to them

under Ext.P1 have not been received.

4. The learned Standing Counsel Adv.N.Reghuraj

pointed out that the financial condition of the 1 st respondent is

pityfull, that, even regular salary to its employees were not

able to be given, and he urged this Court that taking into

consideration, the woeful financial condition of the 1 st

respondent, the directions sought for by the petitioners ought

not be granted. He also pointed out that till date, petitioners

have not even filed a proper representation.

Taking note of the aforesaid submissions, made across the

Bar, I direct the petitioners to file a proper representation

within one month from the date of receipt of a copy of this

judgment, before the 1st respondent, projecting their

grievances and their claims. If such a representation is filed,

the 1st respondent shall take a decision in accordance with law, WP(C).No.27620 OF 2018(B)

taking into reckoning Exts.P1, P2, P3 and P10 produced in this

writ petition. Such a decision shall be taken within three

months from the date of receipt of a copy of the

representation as mentioned above.

The writ petition is disposed of accordingly.

Sd/-

BECHU KURIAN THOMAS

JUDGE

JS WP(C).No.27620 OF 2018(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT BEARING NO.G.O.(MS) NO.41/2016/ID DATED 29/2/2016.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 25/6/2016.

EXHIBIT P3 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 30/10/2017.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DT.25/6/2017.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DT.3/8/2017 IN W.P.(C) NO.24027/2017.

EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 3/2/2018.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DT.2/5/2018.

EXHIBIT P8 TRUE COPY OF THE REPLY TO EXT.P7 DT.30/6/2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE INFORMATION ISSUED BY THE 1ST RESPONDEENT UNDER R.T.I.ACT DATED 21/7/2018.

EXHIBIT P10 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 09/10/2019.