Employment preferences for dependent sons of deceased arrack workers were affirmed over previously established rights of displaced workers.

JUDGMENT

The writ petition is preferred by persons claiming to be arrack shop workers who were displaced pursuant to the abolition of arrack shop with effect from 01.04.1996. After the abolition of the said arrack shops, the displaced persons sought re-employment under the State Government. As a result of the agitation, the Government introduced a rehabilitation package, as evidenced by Ext.P18, namely G.O.(Rt) No.01/2002/TD dated 20.02.2002, wherein the Government ordered that 25% of all future daily wage employment vacancies arising in the Kerala State Beverages Corporation shall stand reserved to be filled by Abkari workers registered with the Abkari Workers Welfare Fund Board, who were terminated from service due to the arrack ban with effect from

01.04.1996.

2. Subsequently, a batch of writ petitions was filed before this Court by claimants seeking the benefit of the said Government Order, and the same was disposed of in their favour. The State challenged the said decision before the Division Bench, however, the Division Bench also upheld the claims of the petitioners. Thereafter, the Government issued G.O.(Rt) No.567/2004/TD dated 07.08.2004, whereby the earlier conditions were modified in the following manner;

“It is ordered that 25% of all daily wage employment vacancies arising in Kerala State Beverages Corporation should be earmarked for the dependent sons of arrack workers who had perished consequent on the loss of employment due to the ban on arrack in the State and if such claimants are more than the available number of vacancies, selection will be made from among them subject to the following conditions:- 1) Only the dependent sons who has not completed

38 years of age will be eligible.

2) The consent letter of the wife of the deceased and the FIR /Death Certificate also be submitted along with the application.

A list of eligible Abkari Workers prepared on the basis of the above guideline shall be made available to the Kerala State Beverages Corporation by the Chief Welfare Fund Inspector, Kerala Abkari Workers Welfare Fund Board to fill up the vacancies. “

3. Aggrieved by the decision of the Division Bench, the Corporation as well as the State preferred Civil Appeal No.7834 of 2019 and connected matters before the Apex Court. The Apex Court held that the Government Order dated 20.02.2002 stood modified by the subsequent Government Order dated 07.08.2004. It was further clarified that the Government Order dated

07.08.2004 was not in continuation of the earlier order dated 20.02.2002 and that it had an overriding effect. Consequently, it was held that a fresh decision could be taken to provide employment only to the dependent sons of deceased Abkari workers.

In view of the above findings, the contentions raised in the writ petition cannot be sustained. Accordingly, the writ petition stands dismissed.

Sd/-