THE MANAGING DIRECTOR, KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY (HANTEX) Vs. LABOUR COURT AND ORS.

JUDGEMENT

(1.) The petitioner is the Management, who is aggrieved with Ext.P3 Order of the Labour Court. The dispute raised and the reference made on 23.06.2008, is with respect to the demand raised by the Union regarding enhancement of the pay scales of Lower Division (L.D.) Typists.

(2.) The brief facts to be noticed are that the L.D. Typists of the Management, were granted a Higher Grade on completion of ten years and were also granted pay scales of the Upper Division (U.D.) Typists; which was the next promotion post of the L.D. Typists. The practice is said to have been followed by the management on the basis of the State Government norms. However, the grant of such higher pay scale was said to be subject to the approval of the Director of Handlooms and Textiles, who is the Registrar of the Management - Society under the Co-operative Societies Act, 1969 of Kerala. The said authority had, by an order dated 1.1.1998, issued in pursuance to a recommendation for grant of higher grade to certain L.D. Typists, directed that the L.D. Typists may be granted a higher grade, but however, given a pay scale which is lower to that of the U.D. Typists. Hence, a new pay scale was indicated, which alone would be the entitlement of the L.D. Typists on grant of Higher Grade.

(3.) The issue relates to the year 1998 and the individual employees had made some representations, which having not been responded to, the Union had taken up the matter with the District Labour Officer, Thiruvananthapuram, as is indicated in the Award, by Ext.P7 dated 28.3.2000. The reference was made by the appropriate Government, which was answered by the Labour Court.