MANAGING DIRECTOR, KERALA STATE BEVERAGES CORPORATION (MANUFACTURING & MARKETING) AND ORS. Vs. P.B. GOPI AND ORS.

JUDGEMENT

(1.) These writ appeals have been filed against a common judgment dated 11.02.2015 passed in W.P.(C) No. 14524 of 2014 and connected writ petitions (except W.A. Nos. 785, 799, 911 & 1172 of 2015). All the writ appeals can be grouped into three sets. First set of writ appeals being W.A. No. 650 of 2015 and others, filed by the Kerala State Beverages (Manufacturing and Marketing) Corporation Limited. Second set of appeals are the appeals being W.A. No. 987 of 2015 and others filed by the State of Kerala against the same judgment dated 11.02.2015. The third group consists of four appeals being W.A. Nos. 785, 799, 911 & 1172 of 2015 of which first three petitions have been filed against judgment dated 30.03.2015 and last one is against judgment dated 01.06.2015 passed by a learned Single Judge, by which judgment the learned Single Judge has disposed of the writ petitions following the common judgment dated 11.02.2015 in W.P.(C) No. 25634 of 2012. W.A. No. 650 of 2015 arising out of W.P.(C) No. 14524 of 2014 is being treated as the leading writ appeal. It shall be sufficient to refer to the pleadings in W.P.(C) No. 14524 of 2014 as well as in W.A. No. 650 of 2015 to decide all the appeals. The background facts of the case giving rise to various writ petitions and writ appeals are:

(2.) With effect from 1st April, 1996 the State Government banned the sale of arrack in the State. About 12500 abkari workers who were working in different arrack shops lost their jobs. The Government Order dated 20.02.2002 was issued providing that 25% of all daily wage employment vacancies in the Corporation be filled up by the abkari workers. The State Government issued Government Orders, G.O.(Rt) No. 212/2001/TD dated 11.04.2001 and G.O.(Rt) No. 313/2001/TD dated 26.03.2003 allotting 185 Foreign Liquor Retail Shops to the Corporation. It was further decided by the Government that Abkari workers of the contractors working in the Foreign Liquor shops shall be absorbed in the Corporation. Before 01.04.1980 about 1,073 workers were registered with the Kerala Abkari Welfare Board (hereinafter referred to as "Board"). Another Government Order was issued on 07.08.2004 by which 25% of the daily wage vacancies in the Corporation were reserved for the dependent sons of the arrack workers who committed suicide due to loss of employment after the sale of arrack was banned. A settlement dated 28.10.2002 was entered between the Corporation and different Unions of Abkari workers agreeing on various conditions. Several daily wage workers of the Corporation who were covered by EPF Scheme were permitted to register with the Board by Government Order, GO (MS) No. 24/2006/TD dated 01.03.2006. A Government Order dated 6.8.2005 was issued by the State Government limiting the age of retirement of abkari workers as well as Corporation workers as 55 years. Another Government order dated 22.03.2008 was issued, by which the retirement age of abkari workers was stated to be 60 years. By further Government Order dated 18.11.2009 Government directed that the Government Order dated 22.03.2008 shall have retrospective effect from 06.08.2005. The abkari workers were provided annual benefit of leave, medical leave and some other benefits.

(3.) The Corporation sent recommendation to the State Government for increasing the retirement age of workers of the Corporation as 58 years. The recommendation of the Corporation was not accepted by the State Government. Various writ petitions were filed by the employees of the Corporation which were allowed vide common judgment dated 19.03.2007 reported in Kavirajan v. K.S.B.C. Ltd., 2007 2 KerLT 917. This Court directed that the Corporation employees shall also be allowed to continue till 58 years as decided by the Board of the Corporation. The State filed SLP against the said judgment which was dismissed. The State Government issued Government Order No. 33/2011/TD dated 22.02.2011 fixing the age of retirement of the 'Corporation employees' as 58 years. The State Government has issued Government Order No. 36/2011/TD dated 24.02.2011 granting equal scale to three groups of abkari workers who were absorbed by the Corporation further mentioning that their age of retirement is 60 years.