1. As both these writ petitions involve a common issue, they are taken up together for consideration and disposed by this common judgment.

2. The Kerala State Handloom Weavers Co-operative Society [Hantex] is the petitioner in W.P.(C).No.2302/2016, whereas, the General Secretary, Handloom Weavers Pensioners Welfare Association, a Trade Union representing the retired workers of the Kerala State Handloom Weavers Co-operative Society is the petitioner in W.P.(C).No.5074/2016. Both these writ petitions impugn the award dated 25.6.2017 of the Industrial Tribunal, Kollam, in I.D.No.18/1999, that was passed pursuant to the directions of this Court in the judgment dated 24.3.2014 in W.P.(C).No.31992/2004. The brief facts which led to the passing of the award are as follows:

3. At the instance of the Trade Union that had raised an industrial dispute before the Conciliation Officer, claiming regular scales of pay in respect of workmen in the category of Tailors, Helpers, Designers and Part Time Sweepers, conciliation talks were initiated by the Labour Officer. On the conciliation steps having failed, a failure report was submitted before the State Government, and the State Government thereafter referred the dispute for adjudication to the Industrial Tribunal, Kollam. The Industrial Tribunal, Kollam, considered the following issues for adjudication:

1. Whether the employees of garment unit are eligible for time scale of pay?

2. Whether the employees are eligible for enhanced rate of Rs.3/- per point against the existing rate of Rs.1.80/-?

3. Whether the employees are eligible for weight age of Rs.10/-per year after completion of 5 years of service?

4. Whether the tailors and helpers are eligible for grade in the ratio of 1:1?

5. Whether the employees of garment unit are eligible for House Rent Allowance enjoyed by employees of Hantex?

6. Whether the employees of garment unit are eligible for 20 days casual leave?

7. Whether the employees are eligible for 3 late attendances in a month?

8. Whether the employees of garment unit are eligible for Welfare Fund as implemented in Hantex?

9. Whether the employees are eligible for 1 hour interval?

4. The Tribunal, after an adjudication process, found in favour of the workers on all the nine issues, except Grade, and accordingly, directed the petitioner Society to implement the award immediately. Aggrieved by the said award of the Industrial Tribunal, the petitioner Society came up before this Court in W.P.(C).No.31922/2004, impugning the award of the Industrial Tribunal. By Ext.P10 judgment, this Court upheld the award on most of the issues, but then found that there was no clarity with regard to the scale of pay that had to be fixed in respect of the employees comprising of tailors and helpers in the garment unit of the petitioner Society. The said finding was entered in the wake of the specific finding in the industrial award, that was impugned before this Court, that the tailors and helpers of the garment unit of the petitioner Society were entitled to a scale of pay, without specifying what that scale of pay had to be. This Court, in Ext.P10 judgment, therefore, found as follows:

“9. But, for a finding that the employees of the garment unit are eligible for regular scale of pay, the Tribunal has not examined as to what would be the comparable scale of pay which should be made applicable to each categories of employees. Neither the management nor the representative unions have taken the trouble of adducing evidence, before the Tribunal, as to the different scales of pay enjoyed by the regular employees of the management and the work; such employees were carrying on, in the management society. Again, it cannot but be noticed that, despite the representative Unions having raised the specific contention with respect to the employees in the very same category having been fixed in regular scales