Kerala High Court
Kerala Health Research And ... vs Kerala Health Research And ... on 7 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 7TH DAY OF JUNE 2021 / 17TH JYAISHTA, 1943
WP(C) NO. 10275 OF 2021
PETITIONER/S:
1 KERALA HEALTH RESEARCH AND WELFARE SOCIETY EMPLOYEES WELFARE
UNION (INTUC),
T.C.16/923, QUARTERS NO.D11, MEDICAL COLLEGE HOSPITAL CAMPUS,
THIRUVANANTHAPURAM, REPRESENTED BY STATE SECRETARY, MANNARA
RAJAN, RESIDING AT ANIL BHAVAN, KAVUVILA, POTHENCODE P. O.,
THIRUVANANTHAPURAM - 695584.
GEORGE K.CHACKO
S/O. CHACKO, KAKKAMVEETTIL, PUTHENCRUZ P. O., ERNAKULAM -
6822308.
3 REGHUKUMAR K.
S/O. KUTTANPILLAI K., PANCHAKSHARI, INJAVILA P. O., ASHTAMUDI,
KOLLAM - 691603.
4 K. S. GOPALAKRISHNAN NAIR
JOY HOUSE, VNRA 124, VIKAS NAGAR, SREEKARYAM P. O.,
THIRUVANANTHAPURAM - 695017.
BY ADV M.SREEKUMAR
RESPONDENTS:
1 KERALA HEALTH RESEARCH AND WELFARE SOCIETY,
REPRESENTED BY MANAGING DIRECTOR, GENERAL HOSPITAL CAMPUS,
VANCHIYOOR P. O., THIRUVANANTHAPURAM - 695 035.
2 MANAGING DIRECTOR
KERALA HEALTH RESEARCH AND WELFARE SOCIETY, GENERAL HOSPITAL
CAMPUS, VANCHIYOOR P. O., THIRUVANANTHAPURAM - 695 035.
3 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
SRI.M.AJAY, SC FOR R1 & R2
SRI.PAUL ABRAHAM VAKKANAL, GOVT. PLEADER FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10275 OF 2021
2
JUDGMENT
The 1st petitioner is a registered Trade Union
representing the employees of Kerala Health Research and
Welfare Society. The petitioners 2 to 4 are the former
employees of the 1st respondent-society and the members of
the 1st petitioner union.
2. The case of the petitioners is that, the 1 st
respondent - society used to adopt the pay revision orders
issued by the Government from time to time and implement
the same with the sanction of the Government. The
Government implemented the recommendations of the 9 th
and 10th Pay Revision Commissions to Government
employees. In the 129th Governing Body Meeting of the 1st
respondent society, the Governing Body approved the
WP(C) NO. 10275 OF 2021
implementation of the 10th Pay Revision Commission as per
Ext.P3 decision. As there was inordinate delay in
implementing the 10th Pay Revision Commission to the
employees of the 1st respondent society, the petitioners 2 to
4 and 21 others filed W.P (C) No.22894/2019 before this
Court, inter alia, to direct the the 3rd respondent to consider
the pay revision proposal and accord sanction without delay.
This Court by Ext.P6 judgment disposed of the said writ
petition. Despite the receipt of all the details, the
Government has not passed the pay revision proposal as
directed by this Court. Thereafter, contempt proceedings
were initiated. The 3rd respondent then issued Ext.P15
order according sanction to implement the 10 th Pay
Revision commission to the employees of the society with
effect from 1.7.2014 in line with Ext.P4 order and subject to
certain conditions. In condition No.7 in Ext.P15, it is stated
that payment of arrears will be decided by the Governing
Body depending upon the financial position of the
WP(C) NO. 10275 OF 2021
institution. The petitioners are highly aggrieved by the said
condition. In the said circumstances, the 1 st petitioner has
preferred Ext.P17 representation before the 3 rd respondent
requesting to review condition No.7 in Ext.P15 order and
give necessary directions to the 2nd respondent to release the
entire arrears within a time frame. However, the 3 rd
respondent has not taken any action on Ext.P17
representation. Hence the writ petition.
3. Heard the learned counsel appearing for the
petitioners, the learned Standing Counsel appearing for the
respondents 1 and 2 and the learned Government Pleader
appearing for the 3rd respondent.
4. Considering the fact that Ext.P17 representation is
pending before the 3rd respondent since 28.2.2021 and that
no action has been taken on the same, without expressing
anything on merits of the matter, I direct the 3 rd respondent
to consider and dispose of Ext.P17 representation, in
WP(C) NO. 10275 OF 2021
accordance with law, within a period of three months from
the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS
ma/7.6.2021 JUDGE
/True copy/
WP(C) NO. 10275 OF 2021
APPENDIX OF WP(C) 10275/2021
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE
DATED 22.08.16 ISSUED BY THE ADDITIONAL
REGISTRAR OF TRADE UNIONS (KERALA STATE).
EXHIBIT P2 TRUE COPY OF ORDER G.O.(P) NO.7/16/FIN.
DATED 20.01.16 OF THE 3RD RESPONDENT WITHOUT
ANNEXURES.
EXHIBIT P3 TRUE COPY OF MINUTES OF THE 129TH GOVERNING
BODY MEETING OF 1ST RESPONDENT SOCIETY.
EXHIBIT P4 TRUE COPY OF THE AGENDA OF ITEM NO.15 OF THE
129TH GOVERNING BODY MEETING OF THE 1ST
RESPONDENT.
EXHIBIT P5 TRUE COPY OF LETTER NO.A6-138/19/KHRWS DATED
25.05.19 SUBMITTED BY THE 2ND RESPONDENT TO
THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 22.08.2019 IN
WP(C) NO.22894/2019 OF THIS HON'BLE COURT.
EXHIBIT P7 TRUE COPY OF AFFIDAVIT FILED BY THE 3RD
RESPONDENT IN CONT. CASE (C) NO.432/2020
DATED 21.05.2020.
EXHIBIT P8 TRUE COPY OF LETTER NO.G1/15/2020/H AND FWD
DATED 29.02.2020.
EXHIBIT P9 TRUE COPY OF LETTER NO.A6.138/2019/KHRWS
DATED 20.03.2020 FROM THE 2ND RESPONDENT TO
THE 3RD RESPONDENT.
EXHIBIT P10 TRUE COPY OF CHECKLIST INDEX.
EXHIBIT P11 TRUE COPY OF LETTER NO.G1/15/2020/H AND FWD
DATED 8.9.2020 ISSUED TO THE 2ND RESPONDENT.
WP(C) NO. 10275 OF 2021
EXHIBIT P12 TRUE COPY OF LETTER NO.A6.138/2019/KHRWS
DATED 9.9.2020 FROM THE 2ND RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGE OF THE DIARY
PUBLISHED BY KHRWS FOR THE YEAR 2019.
EXHIBIT P14 TRUE COPY OF ORDER G.O.NO.956/2020/DMO DATED
02.12.2020.
EXHIBIT P15 TRUE COPY OF ORDER G.O.(MS)NO.70/2021/H AND
FWD DATED 26.02.2021.
EXHIBIT P16 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT
IN CONT. CASE (C) NO.432/2020 DATED
04.03.2021.
EXHIBIT P17 TRUE COPY OF THE REPRESENTATION FILED BY 1ST
PETITIONER BEFORE THE 3RD RESPONDENT DATED
28.02.2021.
