B.RANJITHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who had worked as Industrial Tribunals in the State of Kerala have approached this Court seeking directions to the respondents to grant all perks including pensionary benefits provided in Exts.P4 to P6 orders with effect from the dates from which those benefits have been granted to Judicial Officers. A further prayer sought for to modify Ext.P7 order by granting revised scales of pay to Industrial Tribunal with effect from 01.01.1996 with monetary benefits from 01.07.1996 and to grant consequential financial benefits to the petitioners. Ext.P12 order, in so far as it limits Selection Grade only to 25% of Industrial Tribunals is also under challenge. There is a further prayer sought for a consideration of Ext.P14 representation submitted before the Government.

(2.) Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents.

(3.) It is submitted by the learned counsel for the petitioners that, the appointments of the petitioners was made in accordance with the Provisions of Section 7 A of the Industrial Disputes Act, 1947. It is stated that, advocates qualified for appointment as Judges of the High Court are appointed as Industrial Tribunals in terms of Section 7 A. It is contended that, Industrial Tribunals were placed in the pay scale applicable to District Judges and in all state Pay Revisions they were granted the revised scales of pay of District Judges. However, in the pay revision order effective from 01.03.1998, the pay scales of District Judges and Industrial Tribunals were not revised, awaiting the report of the 1st National Judicial Commission. Though, 35% interim relief was granted to Judicial Officers the said benefit was not granted to Industrial Tribunals. The Industrial Tribunals approached this Court and by judgment dated 25-11-1999, this Court directed the payment of interim relief to Industrial Tribunals as well. By Ext.P1 order dated 12.12.2001, the recommendations of the 1st National Judicial Pay Commission was implemented by the Government of Kerala and Industrial Tribunals also became entitled to be placed in the revised pay scales as ordered in Ext.P1. By Ext.P2 order, the scale of pay of Industrial Tribunals was also revised. However, since parity with the pay scale of District Judges was denied, petitioners 1 to 3 approached this Court filing OP.No.8947 of 2003 and by judgment dated 05.12.2003 the above writ petition was allowed. The petitioners were directed to be treated on par with District Judges in the matter of time scale as well as Selection Grade.