IN THE HIGH COURT OF KERALA AT ERNAKULAM
ASHOK BHUSHAN & A.M.SHAFFIQUE, JJ.
MANAGING DIRECTOR, KERALA STATE BEVERAGES CORPORATION, (MANUFACTURING & NMARKETING) AND ORS. – Appellant
Vs.
P.B.GOPI AND ORS. – Respondents
W.A. Nos. 650, 648, 649, 656, 657, 659, 664, 695, 704, 705, 706, 723, 785, 799, 911, 987, 1015, 1020, 1064, 1066, 1075, 1041, 1114, 1119, 1130, 1141 and 1172 OF 2015
Decided On : 26.06.2015
Kerala State Beverages (Manufacturing and Marketing) Corporation Limited Employees Service Rules, 1986 - Rules 43, 75, 76 - Employees - Classification of - Age of Retirement - Findings of - Held, According to clause 2(m) and clause 35 of Scheme, 1990 abkari workers were entitled to continue till the age of 60 years and thus their age of superannuation was statutorily fixed as 60 years - Judgment of Single Judge cannot be sustained and deserves to be set aside - Court arrives at conclusion that classification between regular employees of Corporation and abkari workers in so far as age of retirement is concerned, is a valid classification which has a rationale nexus to object sought to be achieved
Ashok Bhushan, J.
These writ appeals have been filed against a common judgment dated 11.02.2015 passed in W.P.(C) No. 14524 of 2014 and connected writ petitions (except W.A. Nos. 785, 799, 911 & 1172 of 2015). All the writ appeals can be grouped into three sets. First set of writ appeals being W.A. No.650 of 2015 and others, filed by the Kerala State Beverages (Manufacturing and Marketing) Corporation Limited. Second set of appeals are the appeals being W.A. No.987 of 2015 and others filed by the State of Kerala against the same judgment dated 11.02.2015. The third group consists of four appeals being W.A. Nos.785, 799, 911 & 1172 of 2015 of which first three petitions have been filed against judgment dated 30.03.2015 and last one is against judgment dated 01.06.2015 passed by a learned Single Judge, by which judgment the learned Single Judge has disposed of the writ petitions following the common judgment dated 11.02.2015 in W.P.(C) No.25634 of 2012. W.A. No.650 of 2015 arising out of W.P.(C) No. 14524 of 2014 is being treated as the leading writ appeal. It shall be sufficient to refer to the pleadings in W.P.(C) No. 14524 of 2014 as well as in W.A. No.650 of 2015 to decide all the appeals. The background facts of the case giving rise to various writ petitions and writ appeals are:
The Kerala State Beverages (Manufacturing and Marketing) Corporation Limited (hereinafter referred to as "Corporation") is a Government company controlled by State of Kerala. Rules have been framed for regulating the service conditions of regular employees of the Corporation, namely the Kerala State Beverages (Manufacturing and Marketing) Corporation Limited Employees Service Rules, 1986 (hereinafter referred to as 'Rules, 1986'). There is one more legislation relevant to be noted is the Kerala Abkari Workers Welfare Fund Board Act, 1989. A Scheme, namely "the Kerala Abkari Workers Welfare Fund Board Scheme, 1990" (hereinafter referred to as 'Scheme, 1990') has been framed under the 1989 Act.
2. With effect from 1st April, 1996 the State Government banned the sale of arrack in the State. About 12500 abkari workers who were working in different arrack shops lost their jobs. The Government Order dated 20.02.2002 was issued providing that 25% of all daily wage employment vacancies in the Corporation be filled up by the abkari workers. The State Government issued Government Orders, G.O.(Rt) No.212/2001/TD dated 11.04.2001 and G.O.(Rt) No. 313/2001/TD dated 26.03.2003 allotting 185 Foreign Liquor Retail Shops to the Corporation. It was further decided by the Government that Abkari workers of the contractors working in the Foreign Liquor shops shall be absorbed in the Corporation. Before 01.04.1980 about 1,073 workers were registered with the Kerala Abkari Welfare Board (hereinafter referred to as "Board"). Another Government Order was issued on 07.08.2004 by which 25% of the daily wage vacancies in the Corporation were reserved for the dependent sons of the arrack workers who committed suicide due to loss of employment after the sale of arrack was banned. A settlement dated 28.10.2002 was entered between the Corporation and different Unions of Abkari workers agreeing on various conditions. Several daily wage workers of the Corporation who were covered by EPF Scheme were permitted to register with the Board by Government Order, GO (MS) No.24/2006/TD dated 01.03.2006. A Government Order dated 6.8.2005 was issued by the State Government limiting the age of retirement of abkari workers as well as Corporation workers as 55 years. Another Government order dated 22.03.2008 was issued, by which the retirement age of abkari workers was stated to be 60 years. By further Government Order dated 18.11.2009 Government directed that the Government Order dated 22.03.2008 shall have retrospective effect from 06.08.2005. The abkari workers were provided annual
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