M.K. Kumar vs State of Kerala and Others

A.V. Ramakrishna Pillai, J.

Challenging Ext. P13 by which the first respondent has rejected the petitioner''s claim for time bound higher grade, the petitioner has come up before this Court.

The petitioner entered service as First Grade Operator in M/s. Trivandrum Rubber Works Limited on 20.7.1981. Owing to the acquisition of the property of the said company, the production activities of the said company were stopped with effect from 26.11.2005. Consequently, the Government issued Ext. P1 order implementing a special package scheme for the employees of the company. As per Ext. P1 Government Order, the employees who opted for special package have been paid compensation. Eleven employees who have not opted special package have been provided employment either in Plantation Corporation of Kerala Limited or in State Farming Corporation of Kerala Limited.

Pursuant to Ext. P2 order of sanction issued by the Government, the petitioner was absorbed in the Plantation Corporation of Kerala Limited and as per Ext. P3 appointment order, the petitioner was appointed as Assistant Factory Mechanic and his service has been regularised in the Plantation Corporation of Kerala Limited. Similarly situated employees like the petitioner who have been absorbed in the State Farming Corporation of Kerala Limited have been granted time bound higher grade as per Ext. P4 order; it is alleged.

While absorbing the petitioner and similarly situated persons in the service of the Plantation Corporation of Kerala Limited/State Farming Corporation, it was specifically stated in Ext. P2 that the regular service of these employees under the Trivandrum Rubber Works would be counted for pay, leave and other service benefits as if they were the employees of the Plantation Corporation of Kerala Limited/State Farming Corporation. Hence, the petitioner is also entitled to get time bound higher grades considering his previous service in the Trivandrum Rubber Works Limited, as was given in the case of other similarly situated persons as per Ext. P4. In the light of Ext. P4, the petitioner was granted time bound higher grade vide Ext. P11. Now, the first respondent has reviewed Ext. P11 and passed Ext. P13 rejecting the claim of the petitioner for time bound higher grades. It is with this background, the petitioner has come up before this Court.

In the counter affidavit filed by the second respondent, they have admitted that the petitioner is now working as Assistant Factory Manager in the second respondent Corporation and he had worked as Operator in Trivandrum Rubber Works Limited which was a worker grade category in Trivandrum Rubber Works and that he was absorbed in the service of Plantation Corporation on 8.9.2008.

The main contention raised by them is that even after 25 years of service in Trivandrum Rubber Works, no higher grade was sanctioned to the petitioner and he is demanding three higher grades, i.e. 8 years, 16 years and 23 years scale from the respondent Corporation. They would further contend that the sanctioning of higher grade applicable to staff category to the petitioner reckoning his past service in the worker grade category of Trivandrum Rubber Works would naturally lead to similar claims from those who promoted from the worker category in the respondent Corporation.

Arguments have been heard.

According to the learned counsel for the petitioner, similarly situated persons who have been absorbed in the State Farming Corporation of Kerala Limited have been granted time bound higher grade as could be seen from Ext. P4. Therefore, under such a situation, the petitioner ought to have been granted the same benefit and the discrimination shown to the petitioner is arbitrary and illegal; so submitted the learned counsel for the petitioner. The reason stated in Ext. P13 for non-granting the time bound higher grade to the petitioner is that reckoning the past service of the petitioner in the worker category of Trivandrum Rubber Works would lead to similar claims from those who promoted from worker category in the Plantation Corporation of Kerala Limited. In this context, the learned counsel for the petitioner pointed out that the persons in the worker category in the Plantation Corporation of Kerala Limited cannot be equated with the persons in the worker category in Trivandrum Rubber Works. It was pointed out that the employees in the worker category of Plantation Corporation of Kerala Limited are daily permanent workers and they have no scale of pay and other benefits. They are being paid wages on daily rate basis. The law applicable in the case of those workers are Plantation Labour Act. On the other hand, the workers in the erstwhile Trivandrum Rubber Works are industrial workers and they have scale of pay and other benefits. The scale of pay of staff and workers in the Trivandrum Rubber Works are one and the same. This fact is not at all denied.

While absorbing the petitioner and similarly situated persons in the service of the Plantation Corporation of Kerala Limited and State Farming Corporation, it was specifically mentioned in Ext. P2 that regular service of these employees under the Trivandrum Rubber Works would be counted for pay, leave and other benefits as if they were the employees of the Plantation Corporation of Kerala Limited. Therefore, the petitioner ought to have been given time bound higher grade considering his previous service in the Trivandrum Rubber Works Limited, as was given in the case of other similarly situated persons as per Ext. P4. The petitioner was absorbed as Assistant Factory Mechanic in the Plantation Corporation of Kerala which is a post in the staff category. It is an admitted fact that in the Plantation Corporation of Kerala Limited, the appointment to the post of Tapping Supervisor/Field Supervisor, Pump Operator, Vehicle Operator etc. are filled through promotion from the worker category. However, their service in the worker category is reckoned only for calculating gratuity and not for other benefits like grade promotion, seniority etc. Therefore, the argument of the first respondent that if higher grade is sanctioned to the petitioner reckoning his past service in the worker grade category, similar claims from those who promoted from the worker category in the Plantation Corporation of Kerala will not stand the test of reasons, because it is specifically stated in Ext. P2 absorption order that the previous service of those employees in the erstwhile Trivandrum Rubber Works would be counted for pay and other benefits. Once the first respondent has granted a time bound higher grade to the petitioner vide Ext. P11 which was perfectly legal and justifiable. However, without any valid reason, Ext. P11 was altered by Ext. P13.

On a consideration of the entire materials now placed on record, this Court is of the definite view that the petitioner is entitled to succeed.

In the result, Ext. P13 is quashed. The respondents are directed to grant time bound higher grade to the petitioner in the post of Assistant Factory Mechanic in the Plantation Corporation of Kerala Limited reckoning his past service in the Trivandrum Rubber Works Limited as has been granted to similarly situated employees who have been absorbed in the State Farming Corporation of Kerala Limited. Formal orders to this effect shall be issued within a period of two months from the date of receipt of a copy of this judgment.