Jayaraj vs Secretary Go Government
2022 Latest Caselaw 8978 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

          THURSDAY, THE 14TH DAY OF JULY 2022 / 23RD ASHADHA, 1944

                             WP(C) NO. 1623 OF 2016

PETITIONERS:

     1         JAYARAJ
               S/O.NARAYANAN, KARIPADATH HOUSE, PERIMBADARI.P.O., MANNARKKAD,
               WORKING AT TRIVENI STORE, NISSAM PLAZA BUILDING, NEAR K.S.E.B
               THACHAMPARAM, MANNARKKAD.

     2         SUNIL.K.K.
               S/O.K.V.KURIAKOSE, KUNJIMATTOM PUTHENPURAYIL, VATTAMANNAPURAM,
               ALANALLOOR (VIA), EDATHANATTUKARA, WORKING AT TRIVENI STORE,
               KAPPUMGAL BUILDING, VATTAMANNAPURAM, EDATHANATTUKARA, PALAKKAD
               DISTRICT.

     3         SUNDARI.K.
               D/O.SANKARAN PILLA, KALLINGAL KALLUVAZHI.P.O., THIRUVAZHIYOD,
               PALAKKAD - 679 514, WORKING AT TRIVENI GODOWN, NAMBOOTHIRI
               ARCHADE, NEAR S.B.T., MANNARKKAD, PALAKKAD.

     4         MANIKANDAN.M.
               S/O.GOVINDAN NAIR, MANAMKATTIL, KALLUVAZHI.P.O., THIRUVAZHIYOD,
               PALAKKAD - 679 514, WORKING AT TRIVENI SUPER STORE, SAROVARAM
               BUILDING, OPPOSITE SBI, MELE PATTAMBI.

     5         SHEEJA.N.
               D/O.JANARDHANAN, KAVUNGAL HOUSE, NAYADIPARA, ARIYOOR, PALAKKAD,
               WORKING AT TRIVENI SUPER STORE, NAMBOOTHIRI ARCHADE, NEAR SBT
               MANNARKKAD.

     6         SOUMINI.A.
               W/O.DEVIDAS, APPATT HOUSE, KANJIRASSERI, IRUNILAMKODE,
               MULLOORKARA, PIN - 680 583, WORKING AT TRIVENI STORE,
               ARYAVYDHYODAYAM BUILDING, CHERPULASSERY ROAD, OTTAPPALAM.

     7         VIJIMOL.R.
               D/O.RAMAN, KALARIKKAL HOUSE, KALKANDI, CHEMMANNOOR, MANNARKKAD,
               WORKING AT TRIVENI STORE, BLOCK PANCHAYATH BUILDING,
               AGALI.P.O., PALAKKAD.

     8         RAMESH.K.P.
               S/O.MANIKANDAN.K.P., KALLANPARAMBIL HOUSE, THEKKUMURI,
               KARALMANNA, PALAKKAD, WORKING AT FOREIGN LIQUOR SHOP, FL.1-175
               (9018), OPP JRJ COMPLEX, MAIN ROAD, OTTAPALAM.

     9         NARAYANAN KUTTI
               KANNERI HOUSE, ARAYANKODE, THENKKARA, MANNARKKAD, PALAKKAD,
               WORKING AT FOREIGN LIQUOR SHOP, FL-1.1007, KORAGODE, MALAPPURAM
 WP(C) NO. 1623 OF 2016

                                        2



               DISTRICT.

     10        RAJANI PACHERI
               D/O.VASUDEVAN, MANKUZHI HOUSE, VADAKKEKARA, MANNARKKAD,
               PALAKKAD, WORKING AT TRIVENI SUPER STORE, NAMBOOTHIRI ARCHADE,
               NEAR SBT, MANNARKKAD, PALAKKAD.

     11        RANJITH.M.R.
               S/O.RAJKUMAR, MUTHIKKAD HOUSE, NOCHUPPULLI, MUNDOOR, PALAKKAD,
               WORKING AT FOREIGN LIQUOR SHOP, FL.1-175 (9018),
               OPP.J.R.J.COMPLEX MAIN ROAD, OTTAPALAM.

     12        MANIKANDAN.N.
               S/O.NARAYANAN, NAMBIYARTHODI HOUSE, MANGALAM, LAKKIDI, PALAKKAD
               - 679 301, WORKING AT FOREIGN LIQUORS SHOP, FL.1-01190 (172)
               D.P.O.ROAD, PALAKKAD.

     13        MUHAMMED BASHEER.P.A.
               S/O.P.A.ABU, PATHAYATHINGAL, VENGASSERI.P.O., OTTAPPALAM,
               PALAKKAD, WORKING AT TRIVENI STORE, ARYA VYDHYODAYAM BUILDING,
               CHERPULLASSERI ROAD, OTTAPPALAM, PALAKKAD.

     14        SIJIMOL.P.P
               D/O.PAPPACHAN, BEZHATHARA, AGALI, PALAKKAD, WORKING AT TRIVENI
               STORE, BLOCK PANCHAYATH BUILDING, AGALI, PALAKKAD.

     15        MUHAMMED ASHARAF
               S/O.SULAIMAN, EDARATH HOUSE, PERIMBADARI.P.O., MANNARKKAD,
               PALAKKAD, WORKING AT NEETHI DISTRIBUTION CENTER, NOORANI,
               SHORNOOR ROAD, PALAKKAD.

     16        SUNILKUMAR.C.T.
               S/O.KRISHNAN, CHANTHAITODI, KODAKKAD, MANNARKKAD, PALAKKAD,
               WORKING AT NANMA STORE, ALANANATTOOR PANCHAYATH BUILDING,
               ALANATOOR, MANNARKKAD, PALAKKAD.

               BY ADV SMT.R.LEELA



RESPONDENTS:

     1         SECRETARY GO GOVERNMENT
               CO-OPERATIVE DEPARTMENT, SCRETARIAT, TRIVANDRUM - 695 001.

     2         THE REGISTRAR OF CO-OPERATIVE SOCIETY GENERAL
               OFFICE OF THE REGISTRAR CO-OPERATIVE SOCIETY, TRIVANDRUM - 695
               001.
 WP(C) NO. 1623 OF 2016

                                     3



     3      THE MANAGING DIRECTOR
            CONSUMER FED., STATE CO-OPERATIVE CONSUMER FEDERATION, GANDHI
            NAGAR, ERNAKULAM, COCHIN - 682 020.

     4      THE LABOUR COMMISSIONER
            THOZHIL BHAVAN, PMG JUNCTION, TRIVANDRUM - 695 001.

            BY ADVS.
            SRI.M.SASINDRAN,
            SRI.P.P.JACOB
            SRI.RAJU JOSEPH SR.
            SRI.K.T.PAULOSE,

            SRI.JOSHY - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.07.2022,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1623 OF 2016

                                           4




                                 JUDGMENT

The petitioners say that they were regularized in the services of

the Kerala State Co-operative Consumer Federation Limited

(CONSUMERFED) through Ext.P4, but that they have been

discriminated in computation of salary and allowances, being granted

to much lesser persons who are similarly situated, who had been

recruited directly or through promotion.

2. Smt.Leela R - learned counsel for the petitioners, argued

that the disparity shown in the pay scale with respect to her clients,

offends the cardinal principle of "equal pay for equal work", as also

the statutory provisions under the Minimum Wages Act; and

therefore, that they are entitled to be granted reliefs, as have been

sought for in this writ petition. She thus prayed that this writ petition

be allowed.

3. Sri.M.Sasindran - learned Standing Counsel for the

CONSUMERFED, on the other hand, submitted that, petitioners have

approached this Court on certain apprehensions, but without

approaching the competent Authority of the CONSUMERFED, He

submitted that had they done so, said Authority could have certainly

considered their claims and to have made appropriate provisions

taking note of all relevant aspects, including the applicable Statutes WP(C) NO. 1623 OF 2016

and Regulations.

4. I must say that there is some force in the afore submissions

of Sri.M.Sasindran because, unless the petitioners inform the

CONSUMERFED their grievances through an appropriate

representation, it would not be possible for this Court to grant them

reliefs through this writ petition at the first instance.

5. This is more so because, this Court is acting under Article

226 of the Constitution of India and cannot normally enter into

disputations of facts.

6. At this time, Smt.R.Leela intervened to say that her clients

have, in fact, approached the competent Authority of the

CONSUMERFED through Ext.P8. She submitted that, therefore, their

intransigence in considering the same can only be construed to be

illegal.

7. In response to this, Sri.M.Sasindran submitted that Ext.P8

has been preferred only by one among the petitioners and that it is

better that all of them prefer separate or joint applications for any

reliefs that they require now.

In the afore circumstances, I allow this writ petition, leaving

liberty to the petitioners to approach the 3 rd respondent with an

appropriate representation/s seeking reliefs as has been sought for in

this writ petition; and if this is done within a period of two weeks from WP(C) NO. 1623 OF 2016

the date of a receipt of a copy of this judgment, same shall be

considered by the said Authority, after affording them an opportunity

of being heard, thus culminating in an appropriate order and

necessary action thereon, as expeditiously as is possible but not later

than thee months from the date on which such representations are

received.

Needless to say, depending upon the decision to be taken by the

Managing Director on the afore lines, all eligible benefits to the

petitioners, including arrears of salary, shall be computed and

disbursed to them within a period of two months thereafter.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 1623 OF 2016

APPENDIX OF WP(C) 1623/2016

PETITIONER EXHIBITS

EXT.P1: THE TRUE COPY OF THE ORDER REGULARIZING THE 1ST PETITIONER AS PROCEEDINGS NO.AD(2)SP/2005- 06/1/DATED 28/2/2011.

EXT.P2: THE TRUE COPY OF THE ORDER REGULARIZING THE 2ND PETITIONER AS PROCEEDINGS NO.AD(2)SP/2005- 06/1/DATED 28/2/2011.

EXT.P3: THE TRUE COPY OF THE ORDER REGULARIZING THE 3RD PETITIONER AS PROCEEDINGS NO.AD(2)SP/2005- 06/1/DATED 28/2/2011.

EXT.P4: THE TRUE COPY OF THE ORDER NO.CS(1)430/11 DATED 25/2/2011 ALONG WITH ENGLISH TRANSLATED COPY OF EXHIBIT P4.

EXT.P5: THE TRUE COPY OF THE PAY RULE STATEMENT OF MARCH 2015 OF TRIVENI GODOWN, PERNINTHALMANNA UNIT UNDER THE 3RD RESPONDENT.

EXT.P6: THE TRUE COPY OF THE PAY RULE STATEMENT OF SEPTEMBER 2015 OF THE 4TH PETITIONER.

EXT.P7: THE TRUE COPY OF THE DETAILS ISSUED BY THE 3RD RESPONDENT SHOWING THE DETAILS OF THE TOTAL NUMBER OF EMPLOYEES AND THEIR PAY SCALE.

EXT.P8: THE TRUE COPY OF THE REPRESENTATIONS FILED BY THE 4TH PETITIONER DATED 20/11/2015 ALONG WITH THE ENGLISH TRANSLATED COPY OF EXHIBIT P8.

EXT.P9: COPY OF THE RELEVANT PAGES OF THE GOVERNMENT ORDER NO.(MS).NO.100/2009/LBR, DATED 23/7/2009.