G. SASIDHARAN Vs. STATE OF KERALA TO BE

JUDGEMENT

(1.) Captioned writ petitions are filed by the petitioners, who are employees of the 3rd respondent, Kerala State Handloom Weavers Co-operative Society Ltd, No.H.232. The facts and circumstances involved in the writ petitions are having common features. Therefore, I heard them together and propose to pass a common judgment. Separate narration of facts in the writ petitions are not at all required. Facts discernible from W.P.(C) No.12542/2016 is recited to dispose of all the writ petitions.

(2.) The subject issue is with respect to the pay revision and its implementation to the employees of the Handloom Weavers' Co-operative Society. The last pay revision among the workers in the society is on 1.1.1998. On 14.1.2011, the Director Board of Handloom resolved to approach the 1st respondent for sanctioning wage revision and seeking interim relief in the meanwhile. On 1.3.2011 as per Ext.P1, 1st respondent sanctioned 10% of the Basic Pay and Dearness Allowance as interim relief w.e.f. 1.2.2011 to be adjusted from the benefits of wage revision as and when the wage revision is implemented. All the petitioners enjoyed the said interim measure granted. While matters being so, the Union of the Handloom Society and another approached this court by filing W.P.(C) No.27598/2012 and secured Ext.P5 judgment dated 10.7.2013, whereby this court directed the 1st respondent to consider the wage revision within six months from the date of receipt of a copy of the judgment. On 4.11.2014, 3rd respondent as per Ext.P7 resolution sought sanction of the 1st respondent for 2004 and 2009 wage revisions without any cut off date towards arrears. However, the 1st respondent as per Ext.P6 order dated 29.2.2016 confined wage revision to 1.7.2004 and omitted wage revision from 1.1.2009 and limited the arrears w.e.f. 1.2.2011 for the 2004 wage revision thereby denying arrears to the petitioners although they all retired after 1.2.2011. Therefore, according to the petitioners, interference is warranted to Ext.P6 Government Order dated 29.2.2016 limiting the arrears from 1.2.2011, thus declining benefits to the petitioners.

(3.) A detailed counter affidavit is filed by the 1st and 2nd respondents denying the claims and demands raised by the petitioners and also disputing the allegations and statements contained in the writ petition. Among other contentions it is stated that, a meeting of the Kerala State Handloom Weavers Co-operative Society Governing Body dated 14.1.2011 had resolved to sanction interim relief to the employees of Handloom after getting approval from Government. Accordingly, as per Government Order dated 1.3.2011, accorded sanction for the release of interim relief to the employees of Handloom at 10% of Basic Pay including Dearness Allowance w.e.f. 1.2.2011. It was also ordered that, the amount sanctioned will be adjusted against the benefits of pay revision to be implemented in Handloom. As per G.O. dated 24.6.2014, Government have issued order to rectify the anomalies of pay revision 1998 to the employees of the Handloom. Resolution No.2 of the meeting of Handloom Governing Body dated 4.11.2014 resolved to accord pay revision to the employees of Handloom and accordingly a proposal was forwarded to the Director of Handloom and Textiles. A High Power Committee conducted a study on the pay revision proposal and submitted a detailed proposal for the revision of pay. Accordingly, order revising pay was issued with the approval of the Council of Ministers. This revision was at par with revision of pay sanctioned to the Government employees during 2004. While conducting a detailed study, the High Power Committee considered the economic strength of the organization as prime criteria for sanctioning pay revision. However, the financial health was not sound to provide pay revision simultaneously. It is further submitted that, based on the pay revision of Handloom, Government accorded sanction to release 10% of the Basic Pay plus D.A. as interim relief. During that time financial position was not sound. The society had huge loan with State Co-operative Bank and it is depending on Government of Kerala for its capital up gradation. Though pay revision was implemented for State Government employees in 2004 and 2009, the same has not been implemented in Handloom. Since the Handloom was in financial difficulty, only an interim relief was granted at 10% of the Basic inclusive of D.A. w.e.f. 1.2.2011.