THRESIAMMA JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was a part-time contingent employee doing the work of sweeping in the 5th respondent Bank. The petitioner in the above writ petition seeks compliance of Exts.P5 and P6 orders of the Registrar by which the petitioner was granted wages and a pay scale as respectively prescribed in Ext.R5(a) and R5(b). While the petitioner claims that she has been employed from the year 1976, it is disputed by the Bank. But, even according to the counter affidavit of the Bank, the petitioner's mother-in-law was employed as a part- time sweeper before the petitioner and on her death, the petitioner herself was employed as a part-time sweeper since 1993 at a monthly wage of Rs.225.00. It is also stated in the counter affidavit that her wages were raised to Rs.750.00 during the period of 1996-2000 and in 2001-2003 it was raised to Rs.850.00. During 2004 it was again raised to Rs.950.00 and then in 2008-09 it was raised to Rs.1150.00. Further revision was granted in 2009-11 to Rs.1500.00 and from 1.4.2011 till the time she left the service on 9.7.2012 she was paid Rs.2000.00 per month. The 5th respondent Bank, hence, has admitted the service of the petitioner from 1993 onwards continuously and without any break and has also detailed the various revisions in wages given to the petitioner. The claim of the petitioner is only prospective to Ext.R5(a) i.e., the year 2000.

(2.) THE petitioner in the above writ petition seeks for wages as decided by the Government in Ext.R5(a) and R5(b). The learned counsel would point out that such authority is conferred on the Government by Section 80(3) and 80(6) of The Co-operative Societies Act,1969. Ext.R5(a) was a circular by which the Government directed the revision of wages to part-time employees in the Co-operative Societies. However, such revision was left to the discretion of the individual Co- operative Society. As per paragraph 2 it was stipulated that the revisions notified by Ext.R5(a) need be implemented in the individual society only after taking a decision on the financial capacity of the society. As per Ext.R5(a), the wages fixed for the part-time sweeper or cleaner in a society having more than 100 Sq. meters, but less than 400 meters was Rs. 1250.00.

(3.) WHILE Ext.R5(a) granted discretion to the individual society, the Government in the year 2005 brought out Ext.R5 (b) with retrospective effect from 1.4.2004. By paragraph 6 of the said order, the part-time contingent employees were given the pay scale of 2000-40/2-2080-55/2-2190-75/5-2565(9). By Clause 14, it was stipulated that the said order will have effect from 1.4.2004. Clause 20 further stipulated that in the event of any of the managing committees of the individual society being of the opinion that the financial condition of the Society is not conducive enough to implement the said order, then such societies were entitled to apply to the Registrar of Co- operative Societies for waiver. The Registrar before whom such an application made was conferred with the authority and power to consider the same and for reasons to be stated, grant the waiver with specific stipulation as to the period for which such waiver would be effective. The Bank does not have a case that they have approached the Registrar with any request for waiver from the implementation of Ext.R5(b). In the counter affidavit, it is stated that the Bank was suffering from a loss and that even with respect to the existing employees the pay scale was not made applicable with effect from 1.4.2004 and was made applicable only with effect from 1.4.2006. But that alone cannot dis-entitle the petitioner since the respondent Bank has not obtained any orders from the Registrar as stipulated in Ext.R5(b).