The main legal point established is that the Kerala State Human Rights Commission lacks jurisdiction in service matters as per its regulations and statutory provisions.

JUDGMENT :

S. Manikumar, J.

Though Ms. Meeraja Grace, the 2nd respondent, has been served, there is no appearance. Therefore, this Court is inclined to consider the writ petition on its own merits.

2. Before the Kerala State Human Rights Commission, the 2nd respondent herein has filed HRMP No.7107/2018/KNR seeking revision of pay of guest lecturers of IHRD College.

3. Considering the averments and the prayers sought for, Human Rights Commission has passed an interim order dated 30.11.2018, directing the Director, IHRD, the petitioner herein, to take steps to grant the revised salary notified by the Government as per the recommendation of the 10th Pay Commission urgently to the IHRD workers and Guest Lecturers.

4. Challenging the correctness of the said order, Director, IHRD, has filed the instant writ petition on the grounds inter alia that clause (f) of Regulation 17 of the Kerala State Human Rights Commission (Procedure) Regulations, 2001, clearly specifies that issues related to civil dispute, service matter, labour or industrial disputes are not maintainable before the Kerala State Human Rights Commission. Therefore, the Commission ought not to have considered the complaint preferred by the 2nd respondent, as the Regulation clearly specifies to dismiss such complaints in the in limine itself.

5. Petitioner has contended that as per Regulation 38 of the Kerala State Human Rights Commission (Procedure) Regulations, 2001, the Commission has the power to summons. The Commission, before passing an order based on the compliant, has the power to summon the person, who should be heard for appropriate disposal of the matter. The impugned order has been passed by the Commission without hearing the petitioner or any other concerned authority, and therefore, it is liable to be quashed.

6. Petitioner has further contended that the petitioner's institution was served with no notice or summons before passing the impugned order. The direction of the Human Rights Commission to implement the 10th pay commission, without analyzing the facts and circumstances and granting an opportunity for hearing, is against the natural justice, and liable to be interfered by this Court.

7. Petitioner has also contended that the Commission, while passing the impugned order, also failed to understand the fact that the benefits under the 10th Pay Commission cannot be granted to the employees and guest lectures of the petitioner's institutions with immediate effect, as the Government of Kerala has not even taken a decision for implementation of the benefits under the 10th Pay Commission in the petitioner's institutions. Moreover, the benefits under the 9th Pay Revision has also not yet completely implemented in the petitioner’s institution due to lack of funds. These aspects were not considered by the Human Rights Commission.

8. On the above grounds, Mr. Deepu Thankan, learned counsel for the petitioner, made submissions.

9. On the aspect of jurisdiction of the Kerala State Human Rights Commission in entertaining a complaint regarding service matter, a Hon’ble Division Bench of this Court in Malabar Cements Ltd. (M/s.) v. K. Baburajan and Others, 2019 (4) KHC 131, after considering clause (f) of Regulation 17 of the Kerala State Human Rights Commission (Procedure) Regulations, 2001, has held thus:-

“18. At this juncture, we may take note of Regulation 17 of the Kerala State Human Rights Commission (Procedure) Regulations, 2001 which deals with maintainability of complaints before the Commission. Regulation 17 states that, the Commission may dismiss in limine complaints of the nature enumerated in clauses (a) to (l). Clause (f) of Regulation 17 provides that, the Commission may dismiss in limine, complaints wherein the issue raised relates to civil disputes, service matters, labour or industrial dispute. Clause (i) of Regulation 17 provides that, the Commission may dismiss in limine complaints, if the matter is covered by a judicial verdict/decision of the National Commis