High CourtsSingle Bench(2021) 06 KL CK 0078

Kerala Health Research And Welfare Society Employees Welfare Union (Intuc) vs Kerala Health Research And Welfare Society, Represented By Managing Director, General Hospital Campus, Vanchiyoor P. O., Thiruvananthapuram

High Court Of Kerala · Decided on 7 June 2021

HON’BLE JUDGES
C. S. Dias, J
CASE NUMBER
Writ Petition (C) No. 10275 Of 2021

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Judgment

23 paragraphs · 444 words

C.S.Dias, J

1.

The 1st petitioner is a registered Trade Union representing the employees of Kerala Health Research and Welfare Society. The petitioners 2 to 4

are the former employees of the 1st respondent-society and the members of the 1st petitioner union.

2.

The case of the petitioners is that, the s1t respondent â€" society used to adopt the pay revision orders issued by the

Government from time to time and implement the same with the sanction of the Government. The Government implemented the recommendations of

the 9th and 10th Pay Revision Commissions to Government employees. In the 129th Governing Body Meeting of the 1st respondent society, the

Governing Body approved the implementation of the 10th Pay Revision Commission as per Ext.P3 decision. As there was inordinate delay in

implementing the 10th Pay Revision Commission to the employees of the 1st respondent society, the petitioners 2 to 4 and 21 others filed W.P (C)

No.22894/2019 before this Court, inter alia, to direct the the 3rd respondent to consider the pay revision proposal and accord sanction without delay.

This Court by Ext.P6 judgment disposed of the said writ petition. Despite the receipt of all the details, the Government has not

passed the pay revision proposal as directed by this Court. Thereafter, contempt proceedings were initiated. The 3rd respondent then issued Ext.P15

order according sanction to implement the 10th Pay Revision commission to the employees of the society with effect from 1.7.2014 in line with Ext.P4

order and subject to certain conditions. In condition No.7 in Ext.P15, it is stated that payment of arrears will be decided by the Governing Body

depending upon the financial position of the institution. The petitioners are highly aggrieved by the said condition. In the said circumstances, the 1st

petitioner has preferred Ext.P17 representation before the 3rd respondent requesting to review condition No.7 in Ext.P15 order and give necessary

directions to the 2nd respondent to release the entire arrears within a time frame. However, the 3rd respondent has not taken any action on Ext.P17

representation. Hence the writ petition.

3.

Heard the learned counsel appearing for the petitioners, the learned Standing Counsel appearing for the respondents 1 and 2 and the learned

Government Pleader appearing for the 3rd respondent.

4.

Considering the fact that Ext.P17 representation is pending before the 3rd respondent since 28.2.2021 and that no action has been taken on the

same, without expressing anything on merits of the matter, I direct the 3rd respondent to consider and dispose of Ext.P17 representation, in

accordance with law, within a period of three months from the date of receipt of a copy of this judgment.

The writ petition is ordered accordingly.