Petitioners challenged non-payment of minimum salary to ex-service security personnel by agencies sponsored by the State. The Court disposed of the petition directing petitioners to submit an exhaustive representation to the first respondent within one month for inquiry and corrective action if lapses exist.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933
OP.No. 24116 of 2001(U)
-----------------------
PETITIONER:
BY ADV. MR. S.SANTHOSH KUMAR
RESPONDENTS:
R1 MR. A. JAYASANKAR R2 AND R3 MR. THOMAS ABRAHAM MR.P.Y.AHAMMED
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P. 24116 OF 2001
APPENDIX
PETITIONER'S EXHIBITS :
| EXT. P1 | : TRUE COPY OF REGISTRATION CERTIFICATE ISSUED BY DIST. REGISTRAR & REGISTRAR SOCIETIES KOLLAM |
|---|---|
| EXT. P2 | : TRUE COPY OF INSTRUCTIONS ISSUED BY THE 1ST RESPONDENT. |
| EXT. P3 | : TRUE COPY OF LETTER DATED 29.07.99 ISSUED BY THE 3RD RESPONDENT TO THE REGIONAL OFFICER OF HINDUSTAN PETROLEUM COPORATION LTD. COIMBATORE. |
| EXT. P4 | : TRUE COPY OF ACQUITTANCE ROLL OF THE 2ND RESPONDENT FOR THE MONTH OF JUNE 2001 |
| EXT. P5 | : TRUE COPY OF PAY BILL FOR THE MONTH OF MAY 2001 ISSUED BY THE 2ND RESPONDENT TO I. O.C. KOCHI |
| EXT. P5(a) | :TRUE COPY OF PAY BILL FOR THE MONTH OF JULY 2001, ISSUED BY THE 2ND RESPONDENT TO THE I. C. C. KOCHI |
| EXT. P6 | : TRUE COPY OF LAWYER NOTICE DATED 2407.2001 ISSUED TO THE 1ST RESPONDENT. |
| EXT. P7 | : TRUE COPY OF REPRESENTATION DATED 3.08.2001 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. |
/TRUE COPY/
P.A. TO JUDGE
P.R. RAMACHANDRA MENON J.
O.P No. 24116 of 2001
Dated, this the 31st May , 2011
JUDGMENT
The first petitioner is a welfare association of Ex-service men and
the second and third petitioners are the members of the said association. The grievance projected by the petitioners in this writ petition is that, the respondents 2 and 3, who are running the security services and are sponsored by the first respondent in this regard, are not paying the minimum salary to the persons like the second and third petitioners, who are ex-service personnel and are engaged in the security service as a measure of rehabilitation. It is stated that the course being pursued by second and third respondents is quite contrary to Ext. P2 guidelines issued by the first respondent. The petitioners 2 and 3 are being paid only a lesser amount than the actual amount due to them, which is stated as evident from Ext. P4 acquittance roll and Exts. P5 and P5(a) pay bills. The petitioners are stated as constrained to approach this Court as there was no response to Ext. P6 lawyer's notice, followed by Ext. P7 representation, projecting in their grievance.
O.P. No. 24116 of 2001
: 2 :
representation stated as preferred by the petitioners. The learned standing counsel further submits that, since the matter has come up for consideration, much after filing the counter affidavit in this regard, the position as on date has to be ascertained after getting necessary clarification from the 2nd and 3rd respondents, if they are still continuing as the agencies registered by the first respondent, simultaneously adding that appropriate action will be taken, if there is any lapse in complaining with the guidelines issued by the first respondent.
if still aggrieved, to approach the first respondent by filing an exhaustive representation with regard to the subsisting grievance as on date, within one month from the date of receipt of a copy of this judgment. On such event, the same shall be caused to be enquired into and appropriate corrective measures shall be taken by the first respondent, if so necessitated, in accordance with the relevant provisions law within the shortest possible time.
P. R. RAMACHANDRA MENON, JUDGE
kmd
3 issues framed by the court
Whether petitioners seeking enforcement of unrevised minimum salary guidelines issued by the first respondent were aided in their suit.
Whether the court could direct the petitioners to submit an exhaustive representation to the first respondent to ascertain current status and enforce corrective measures.
Whether the writ petition could be disposed of on the condition that appropriate action will be taken by the first respondent if there is a lapse in complying with its guidelines.
Jai Jawan Ex-Servicemen's Welfare Association
Prasanakumar P.
Joseph P.J.
Director General of Re-Settlement
Uno Security Services
Galaxy Man Power Services Pvt. Ltd
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
