The judgment clarifies that individuals in similar circumstances as outlined in administrative orders are entitled to relief unless legally contested by relevant authorities.

JUDGMENT

The petitioners seek a direction to respondents to implement Ext.P2 order and they rely upon the judgment of this Court in WP(C)No.22693/2016 – a copy of which has been produced on record as Ext.P5.

2. Sri.P.C.Sasidharan – learned counsel for the petitioners, submitted that the petitioners are identically situated as the ones in the aforementioned judgment and therefore, entitled to the same reliefs as ordered therein.

3. However, Sri.P.P.Jacob – learned counsel for the Society, vehemently argued that Ext.P2 order is not applicable to the petitioners since they were never engaged on substantive basis, but only for daily wages. He explained that when the ration shops conducted by the Society were stopped, an option was given to the petitioners to run it - not as employees but in the manner of a contract - and therefore, that the benefits under Ext.P2 can never be claimed by them. He concluded his submissions saying that, in any event, his client intends to challenge Ext.P2, for which purpose, he sought liberty.

4. Even when I hear Sri.P.P.Jacob on the afore lines, the fact remains that Ext.P2, prima facie, appears to deal with the case of the petitioners also and their names have been included in the list of persons found eligible to the benefits ordered therein. Obviously, therefore, if the Society has a case that Ext.P2 will not apply to the petitioners, it is for them to take up the matter appropriately with the Assistant Registrar and to obtain necessary clarification, rather than take a stand before this Court that it is not so.

5. When I say as afore, I am fully cognizant of the further submissions of Sri.P.P.Jacob, that the Assistant Registrar has no jurisdiction to issue Ext.P2. However, as long as there is no challenge mounted against it by the Society, they cannot impel such a contention, nor can it be countenanced by this Court.

6. That said, I notice from Ext.P2 that the Assistant Registrar had directed the Society to place an Action Taken Report before him within the time frame fixed therein. Since the petitioners say that no action has been taken in their case by the Society until now, it is certainly for the Assistant Registrar to initiate apposite action in terms of law.

Resultantly, I order this Writ Petition and direct the 4th respondent - Assistant Registrar of Co-operative Societies to hear the petitioners, as also the Society and conclude further proceedings pursuant to Ext.P2 as per law and in terms of the various statutory provisions of the Kerala Co-operative Societies Act and Rules.

The afore exercise shall be completed not later than three months from the date of receipt of a copy of this judgment.

Sd/- RR DEVAN RAMACHANDRAN JUDGE APPENDIX OF WP(C) 31333/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RESOLUTION.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 04.5.2016. EXHIBIT P3 TRUE COPY OF THE ENTITLEMENT OF THE 1ST PETITIONER IN TERMS OF THE PAY REVISION ORDER.

EXHIBIT P3(A) TRUE COPY OF THE ENTITLEMENT OF THE 2ND PETITIONERIN TERMS OF THE PAY REIVISION ORDER.

EXHIBIT P3(B) TRUE COPY OF THE ENTITLEMENT OF THE 3RD PETITIONER IN TERMS OF THE PAY REVISION ORDER.

EXHIBIT P3(C) TRUE COPY OF THE ENTITLEMENT OF THE 4TH PETITIONER IN TERMS OF THE PAY REVISION ORDER.

EXHIBIT P3(D) TRUE COPY OF THE ENTITLEMENT OF THE 5TH PETITIONER IN TERMS OF THE PAY REVISION ORDER.

EXHIBIT P3(E) TRUE COPY FO THE ENTITLEMENT OF THE 6TH PETITIONER IN TERMS OF THE PAY REVISION ORDER.

EXHIBIT P4 TRUE COPY OF THE CALCULATION STATMENT OF THE FIXATION OF PAY IN TERMS OF THE PAY REVISION ORDER PREPARED BY THE 1ST PETITIONER.

EXHIBIT P4(A) TRUE COPY OF THE CALCULATION STATMENT OF THE FIXATION OF PAY IN TERMS OF THE PAY REVISION ORDER PREPARED BY THE 2ND PETITIONER.

EXHIBIT P4(B) TRUE COPY OF THE CALCULATION STATMENT OF THE FIXATION OF PAY IN TERMS OF THE PAY REVISION ORDER PREPARED BY THE 3RD PETITIONER.

EXHIBIT P4(C) TRUE COPY OF THE CALCULATION STATMENT OF THE FIXATION OF PAY IN TERMS OF THE PAY REVISION ORDER PREPARED BY THE 4TH PETITIONE