Allowed

Dinu S.L v. State of Kerala

Kerala HC2 Dec 2016WP(C)/8205/2010

Case brief

AI extract

What is this about?

The High Court allowed writ petitions filed by last grade employees of Sree Narayana Trust seeking unpaid salary for 2002-2005. The Court revoked the impugned Labour Court Award and directed payment of dues based on Government Order No.649/2013.

What did the court decide?

Revocation of Labour Court Order dated 16.05.2013. Direction to pay dues based on G.O. No.649/2013 within two months of judgment receipt.

Dinu S.L Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 2ND DAY OF DECEMBER 2016/11TH AGRAHAYANA, 1938

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WP(C).No. 8205 of 2010 (A)

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PETITIONER(S):

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1. DINU S.L. WATCHMAN, SREE NARAYANA COLLEGE, SIVAGIRI, VARKALA.

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2. V.JAYADAS, PEON, SREE NARAYANA COLLEGE, SIVAGIRI, VARKALA.

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3. C.VASANTHAKUMAR, PEON, SREE NARAYANA COLLEGE, SIVAGIRI, VARKALA.

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4. N.PRAMOD, PEON, SREE NARAYANA COLLEGE, SIVAGIRI, VARKALA.

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5. N.SUNIL, PEON,SREE NARAYNAN COLLEGE, SIVAGIRI, VARKALA.

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6. S.BABY THANKOM, SWEEPER, SREE NARAYANA COLLEGE, SIVAGIRI, VARKALA.

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7. D.SHEELA,SANITATION WORKER,SREENARAYANA COLLEGE,SIVAGIRI,VARKALA. BY ADV. SRI.P.C.SASIDHARAN

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RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION, DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM.

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3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DEPUTY DIRECTOR, OF COLLEGIATE EDUCATION, KOLLAM.

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4. THE MANAGER, SREE NARAYANA TRUST, OFFICE OF THE SREE NARAYANA TRUST,KOLLAM.

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WPC 8205 OF 2010:

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-2-

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5. THE PRINCIPAL, SREE NARAYANA COLLEGE, SIVAGIRI, VARKALA.

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R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI BIJOY CHANDRAN R4 BY ADV. SRI.P.GOPALAKRISHNAN (MVA) R4 BY ADV. RI.A.N.RAJAN BABU

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-12-2016,ALONG WITH WPC 12221/2010 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WPC NO 8205 OF 2010:

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APPENDIX

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PETITIONERS EXHIBITS:

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P1: COPY OF NOTIFICATION ISSUED BY THE S.N. MANAGEMENT DATED 26.3.1996.

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P2: COPY OF RELEVANT EXTRACT OF THE PROCEEDINGS OF THE MANAGER APPOINTING THE PETITIONERS 1 TO 5 DATED 28.9.1998.

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P3: COPY OF RELEVANT EXTRACT OF THE PROCEEDINGS OF THE MANAGER IN RESPECT OF THE PETITIONERS 6 AND 7 DATED 6.10.1998.

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P4: COPY OF THE APPROVAL ORDER ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION DATED 23.7.2001.

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P4(A): COPY OF THE APPROVAL ORDER ISSUED IN RESPECT OF THE THIRD PETITIONER DATED 31.5.2001.

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P5: COPY OF RROCEEDINGS ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION DATED 5.9.2005.

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P6: COPY OF THE ORDER DATED 28.7.2005.

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P7: COPY OF THE JUDGMENT IN WP(C) NO 31965/2009 DATED 19.11.2009.

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P8: COPY OF THE ORDER ISSUED BY THE GOVERNMENT DATED 25.1.2010.

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P9: COPY OF THE ORDER NO G.O.(MS) NO 649/2013/H.EDN DATED 22/10/2013.

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RESPONDENTS EXHIBITS:

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R2(A) COPY OF THE GOVERNMENT LETTER NO 13885/D3/14/H.EDN DATED 31.01.2015.

/TRUE COPY/

P.A.TO JUDGE

K.V.

ANU SIVARAMAN, J.

---------------------------------------W.P.(C) Nos.8205, 12221, 22457 of 2010 & 26091 of 2014

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Dated this the 2^nd day of December, 2016

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JUDGMENT

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The first three of these writ petitions are filed by

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Last Grade employees of Institutions run by Sree Narayana Trust, seeking payment of salary due to them for the period from 2002 -2005. It is submitted that they were appointed on contract basis, on various dates during 1998-99. Due to ban on appointments consequent on the delinking of Pre-degree course, their appointments were permitted to be made only on contract basis. Salary was also paid to them till 2012. Later, in 2005, the Government decided to regularize the services of last grade employees, engaged on contract basis, during the said period. However, it is contended that the petitioners pay and allowances for the period from 2002-2005 were not paid to them. 111 persons had approached the Labour Court, Kozhikode and an order was issued on 16.05.2013, which is

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W.P.(C) Nos.8205, 12221, 22457 of 2010 & 26091 of 2014 -2-

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under challenge in W.P.(C)No.26091/2014, at the instance of the Director of Collegiate Education. By Ext.P3 order payment of various amounts as claimed by the 111 last Grade employees was directed to be paid to them.

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It is submitted that after Ext.P3 order was passed and after these writ petitions are filed, the Government had taken a decision by G.O.(Ms)No.649/2013/H.Edn. dated 22.10.2013, according sanction to disburse the wages of the Last Grade Servants in the colleges under S.N.Trust Management (who worked on contract basis up to 2002 on payment and whose services were regularised prospectively with effect from 28.07.2005) for the period from 2002 to 27.07.2005, at the rates applicable to contract employees during that period. In view of the decision, it is submitted by the counsel appearing for all parties that nothing survives for consideration in these writ petitions. However, it is stated that the Government had, because of the pendency of of W.P.(C)

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W.P.(C) Nos.8205, 12221, 22457 of 2010 & 26091 of 2014 -3-

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No.26091/2014, as against Ext.P3 award dated 16.03.2013, taken a decision keeping in abeyance the payment of amounts pursuant to Government Order dated 22.10.2013. It is submitted by the learned counsel appearing for the petitioners in the first three writ petitions that the petitioners are satisfied if the Government Order dated 22.10.2013 is implemented.

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In the above view of the matter, writ petition 26091/14 is allowed. Ext.P3 order dated 16.05.2013 is set aside. It is directed that the petitioners in W.P.(C)Nos.8205, 12221 and 22457 of 2010 as well as the other persons covered by Ext.P3 award will be entitled to be paid all amounts due to them, on the basis of the Government order dated 22.10.2013. Amounts as found due under the said Government Order shall be released to the petitioners as well as to all the workmen involved in Ext.P3 order, with in a period of two months from the date of receipt of a copy of this judgment. The Educational Authority as well as the Principals

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W.P.(C) Nos.8205, 12221, 22457 of 2010 & 26091 of 2014 -4-

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of the respective colleges are directed to forward all necessary documents, if not already forwarded, to the Director of Collegiate Education, for enabling such payment within the time limit as directed above.

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Writ petition is disposed of as above.

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Sd/ANU SIVARAMAN, JUDGE

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Dinu S.L v. State of Kerala

Case brief

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Dinu S.L v. State of Kerala

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