C.M.ANCE Vs. KMJ PUBLIC SCHOOL

JUDGEMENT

(1.) The above captioned Writ Petition is filed challenging the order dated 20.2.2019 of the Labour Court, Ernakulam, by which the claim petition filed by the petitioner herein was dismissed finding that the application filed by them under Section aseeking payment of salary at par with the salary paid to employees of their respective class was not maintainable.

(2.) Before venturing to decide on the questions raised, it would be profitable to state the relevant facts. The 1st respondent is the K.M.J Public School, represented by its Manager. The 2nd respondent is the Principal of the said school. The petitioners 1 and 2 have been working as drivers for the past 14 and 9 years respectively in the said school whereas the petitioners 3 and 4 have been working as sweepers in the same institution for the past 8 years. They contended that they have been receiving wages at less than the minimum wages prescribed by the State Government by various notifications and also as per the directions issued by this Court in State of Kerala vs Mythri Vidya Bhavan English Medium School and another, [2013 (1) K.L.T short note 36]. They contended that a person junior to them, who was a Class-IV grade employee, was drawing a much higher wage as compared to the petitioners. According to them, they are entitled to higher amounts toward salary from 1.7.2013 onwards.

(3.) The respondents filed a counter contending that the petitioners 1 and 2 are part-time drivers and the petitioners 3 and 4 are part-time sweepers of the 1st respondent institution. The salary and other benefits paid to the petitioners are commensurate to the work rendered by them. It was also stated that in addition to the monthly salary, the petitioners are provided with Provident Fund, ESI benefits, Festival and other service benefits etc. It was further contended that the pay scale directed to be paid by this Court was for full-time employees and the petitioners, being part-time employees, are not entitled to the benefits of the judgment.