Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY ,THE 18TH DAY OF FEBRUARY 2019 / 29TH MAGHA, 1940 WP(C).No. 4694 of 2019 PETITIONER/S: 1 N.KRISHNAN,AGED 69 YEARS, S/O.N APPU, WORKER, COTTON PROCESSING UNIT ETTUKUDUKKA, RESIDING AT ETTUKUDUKKA, P.O.ETTUKUDUKKA, KARIVELLUR, KANNUR-670521. 2 SASIMOHANAN K,AGED 50 YEARS S/O.KRISHNAN KENOTH, WORKER COTTON PROCESSING UNIT ETTUKUDUKKA RESIDING AT KUNNUMMEL HOUSE, ETTUKUDUKKA P.O.ETTUKUDUKKA, KARIVELLUR, KANNUR-670521. 3 K K RAMESHAN,AGED 55 YEARS S/O.M NARAYANAN ADIYODI, WORKER, COTTON PROCESSING UNIT ETTUKUDUKKA, RESIDING AT KANA KAIPRATH HOUSE, P.O.KANDANKALI, PAYYANUR, KANNUR-670307. 4 P PADMINI,AGED 57 YEARS,D/O.K KRISHNAN WORKER COTTON PROCESSING UNIT ETTUKUDUKKA RESIDING AT PILANKU VEEDU, MAMBALAM P.O. PAYYANUR, KANNUR-670307. 5 P V YASODA,AGED 68 YEARS,D/O.KUNHAPPAN P V. WORKER, COTTON PROCESSING UNIT ETTUKUDUKKA RESIDING AT KALLOLINI, P.O.MATHIL, PAYYANUR KANNUR-670307. 6 K BHAVANI,AGED 63 YEARS D/O.P V KORAN, WORKER, COTTON PROCESSING UNIT ETTUKUDUKKA, RESIDING AT KOTHIRI VALAPPIL, P.O.MATHIL, PAYYANUR, KANNUR- 670307. 7 USHA K V,AGED 49 YEARS,WIDOW OF T V SREENIVASAN RESIDING AT KADAM VEETTIL, PACHENI THIRUVATTOOR.P.O., PARIYARAM, KANNUR- 670521. BY ADV. SRI.MAHESH V RAMAKRISHNAN WP(C).No. 4694 of 2019 2 RESPONDENT/S: 1 PROJECT MANAGER, COTTON PROCESSING UNIT, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, ETTUKUDUKKA.P.O., PAYYANUR-670521. 2 KERALA KHADI AND VILLAGE INDUSTRIES BOARD, REPRESENTED BY ITS SECRETARY, VANCHIYOOR, THIRUVANANTHAPURAM-695001. 3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, INDUSTRIES (K) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. SC SRI. RAJAGOPALAN NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4694 of 2019 3
JUDGMENT
The petitioners working under the Khadi Board seek the following reliefs:
“i) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to fix the pay and allowances of the petitioners as ordered in Ext.P1 award and to calculate and disburse the entire arrears of pay and allowances to the petitioners in the light of ExtS.P5 & P8 judgments and Ext.P6 Government order, and as granted in Ext.P7 order, within a time frame that may be fixed by this Hon'ble Court. ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to pay interest at the rate of 12% per annum, on such arrears of pay and allowances, from the date of Ext.P1 Award till realization. iii) Award cost of these proceedings to the petitioners; and iv) pass such other or further orders as this Court may deem fit and proper in the circumstances of the case.”
2. Both the counsel agree that the issue stands squarely
WP(C).No. 4694 of 2019 4 covered in favour of the petitioners by judgment dated 16.11.2016 in WPC No.12269 of 2011 and Ext.P6 consequential order- G.O. (Rt) No.963/ 2017/ID/ TVM dated 6.7.2017. I, therefore, dispose of the writ petition applying the ratio of the judgment and the Government order referred to above. Sd/- DAMA SESHADRI NAIDU JUDGE WP(C).No. 4694 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORDER DATED 2.1.2003 OF THE INDUSTRIAL TRIBUNAL KOZHIKODE IN I.D.NO.3/98. EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER G.O.NO.59/06/ID DATED 22.5.2006. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 22.7.09 OF THIS HON'BLE COURT IN WPC.NO.38267 OF 2003. EXHIBIT P4 TRUE COPY OF THE MASS PETITION DATED 14.1.2011 SUBMITTED BY THE PETITIONER AND OTHERS BEFORE THE HON'BLE CHIEF MINISTER OF KERALA. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 16.11.2016 IN WPC.NO.12269 OF 2011. EXHIBIT P6 TRUE COPY OF G.O.(RT)NO.963/2017/ID DATED 6.7.2017. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 12.7.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 7.11.2018 IN WPC.NO.32611 OF 2018. sd