Point of Law: Industrial dispute - If the employer is an instrumentality of the State, as per Article 12 of the Constitution of India, then they are bound to conform fully to the rigour discipline of the mandate contained in Part III of the Constitution of India, more particularly Articles 14 and 16 thereof.

JUDGMENT :

ALEXANDER THOMAS, J.

1. The unsuccessful writ petitioners in the above writ proceedings have initiated the aforecaptioned intra court appeals under Section 5(1) of the Kerala High Court Act, for impugning the common judgment dated 16.3.2021 rendered by the learned Single Judge dismissing W.P. (C) Nos. 5641 and 5069 and 5391 of 2021.

2. Heard Sri. P. Ramakrishnan, learned counsel appearing for the appellants in W.A. No. 786/2021, Sri. R. Rajesh Nair, learned counsel appearing for the appellants in W.A. No. 718/2021, Sri. C.S. Ajith Prakash, learned counsel appearing for the appellants in W.A. No. 750/2021, Sri. J. Cama, learned Senior Counsel, instructed by Sri. P. Benny Thomas, learned Standing Counsel for the Bharath Petroleum Corporation Ltd. (BPCL) appearing for the respondent BPCL authorities in these appeals and Sri. S. Biju, learned Central Government Counsel appearing for the respondent Union Government in W.A. No. 786/2021, Sri. S. Manu, learned Assistant Solicitor General appearing for the respondent Union Government in W.A. No. 718/2021 and Sri. N.J. Ashwin, learned Central Government Counsel appearing for the respondent Union Government in W.A. No. 750/2021.

3. As these cases raise common issues, these appeals are disposed on the basis of this common judgment.

4. W.A. No. 786/2021 [Arising out of W.P. (C) No. 5641/2021] is taken as the lead case for the purpose of convenience and the documents referred to in this judgment will be with reference to the documents as produced in the said W.P. (C) No. 5641/2021 unless otherwise indicated.

5. OM No. W-02/0039/2017/DPE(WC)-GL-XVI/21 dated 19.11.2020 issued by the respondent Union Government in the Department of Public Enterprises, Ministry of Heavy Industries and Public Enterprises, has been produced as Ext.P-1 in the lead case, i.e. W.P. (C) No. 5641/2021 and the same has been produced as Ext.P-3 in the other two Writ Petitions. OM No. W-02/0045/2020/DPE(WC) dated 8.1.2021, issued by the respondent Union Government in the Department of Public Enterprises, Ministry of Heavy Industries and Public Enterprises, has been produced as Ext.P-2 in the lead case, W.P. (C) No. 5641/2021 and the same has been produced as Ext.P-4 in the other two Writ Petitions. Counter affidavit dated 9.3.2021 has been filed by the respondent BPCL authorities only in W.P. (C) No. 5069/2021 [which has led to W.A. No. 718/2021] and memo has been filed in the lead W.P. (C) No. 5641/2021 and the other W.P. (C), viz. W.P. (C) No. 5391/2021 to adopt the said counter affidavit in those W.P. (C) as well. Since the said counter affidavit has been filed only in W.P. (C) No. 5069/2021, the document referred to as Ext.P-3 in the said counter affidavit is Ext.P-1 in the lead W.P. (C) No. 5641/2021, the abovesaid OM dated 19.11.2020. However, the said former OM dated 19.11.2020 will be referred to as Ext.P-1 in this judgment for the sake of convenience.

6. The prayers in W.P. (C) No. 5641/2021 [which has led to W.A. No. 786/2021] are as follows:

“(i) A writ of mandamus or any other appropriate writ or order directing the respondents 2 and 3 to disburse Industrial Dearness Allowance for the quarter October-December 2020 payable to the workmen employees of the 2nd respondent establishment forthwith.

(ii) Hold that Exhibit P1 office memorandum which provides for freezing of Dearness allowance to employees of Central Public Sector Enterprises at current rates is not applicable to workmen category of employees in the 2nd respondent's establishment.

(iii) A writ of mandamus or any other appropriate writ or order directing the 3rd respondent to take up and dispose of Exhibit P5 representation forthwith.”

The prayers W.P. (C) No. 5069/2021 [which has led to W.A. No. 718/ 2021] are as follows:

“(i) Call for the records leading to Exhibit P3 and set aside the same by the issue of a writ of certiorari or such other appropriate writ, direction or order; or in the alternative.

(ii) Declare that Exhibit P3 shall be confined to E