IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946
WP(C) NO. 11948 OF 2014
PETITIONER :
KERALA STATE CENTRE FOR ADVANCED
PRINTING & TRAINING
(EARLIER KERALA STATE AUDIO VISUAL AND
REPROGRAPHIC CENTRE), HEAD OFFICE COMPLEX,
VATTIYOORKAVU, THIRUVANANTHAPURAM
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.
SRI.K.ANAND (SR.)
SMT.LATHA KRISHNAN
RESPONDENTS:
1 RAJESH D NAIR (FORMER ACCOUNTS ASSISTANT),
KERALA STATE AUDIO VISUAL AND
REPROGRAPHIC CENTRE (KSAVRC),
'GIRIRAJ', VAZHOTTUKONAM,
KODUNGANOOR P.O., VATTIYOORKAVU,
THIRUVANANTHAPURAM,
NOW RESIDING AT T.C.7/803(1),
"GOKULAM", VKRA-50,
VAZHOTTUKONAM, VATTIYOORKAVU,
THIRUVANANTHAPURAM.
2 K.SHYAMKUMAR (FORMER LD CLERK, (KSAVRC)
'SOUPARNIKA', T.C.42/1 SREEVARAHAM,
MANACAUD P.O.,
THIRUVANANTHAPURAM-695009.
3 ANJANA G.S.
(FORMER LD CLERK (KSAVRC),
BHAKTHIVILASAM POLICE QUARTERS,
NO.87, JAGATHI, THYCAUD P.O.,
THIRUVANANTHAPURAM,
NOW RESIDING AT T.C.10/852(2), 'GOKULAM', SRA NO.198-B,
IDIKKULAM LANE, PEROORKADA P.O.,
THIRUVANANTHAPURAM-5.
1
2
4 SREEKALA R.
(FORMER LD CLERK, (KSAVRC),
T.C.NO.14/1045, RAJEEV NAGAR,
VAZHUTHACAUD, THIRUVANANTHAPURAM,
NOW RESIDING AT T.C., T.C.14/1041(1),
"AAYILYAM", RNRA-9, RAJEEV NAGAR,
VAZHUTHAKAUD,
THIRUVANANTHAPURAM-695014.
5 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
6 KERALA STATE HUMAN RIGHTS COMMISSION
TURBO PLUS TOWER, PMG JUNCTION,
VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695033.
BY ADVS.
SRI.ANEESH JOSEPH
A.DINESH RAO
SMT.DENNIS VARGHESE
SRI.M.R.HARIRAJ
SMT.M.A.JINSA MOL
SRI.P.A.KUMARAN
SRI.NIRMAL V NAIR
SRI.M.RAMESH CHANDER SR.
SRI.SEBASTIAN DAVIS
SMT.VINEETHA B.
K.P.HARISH, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 15.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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J U D G M E N T
A.Muhamed Mustaque, Acg.C.J.
This writ petition was filed by a public sector organization challenging an order of the Kerala State Human Rights Commission.
2. The matter relates to the non-payment of salary. It is now reported that the entire arrears of salary have been paid. However, there is a direction to pay 9% interest on the arrears.
3. We, at the outset, must say that such an application for arrears of salary is not maintainable before the Human Rights Commission, which is constituted to protect human rights and pass orders recommending the Government for the action to be initiated.
4. We note non payment of arrears of salary is arised out of special relationship between the employee and employer. Under Regulation 17(f) of the Kerala State Human Rights Commission (Procedure) Regulations, 2001, issues raised relates to civil disputes, service matters, labour or industrial
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dispute is not ordinarily maintainable before the commission. It is only in exceptional case the Human Rights Commission can entertain a complaint where commission forms an opinion that there is a gross human rights violation towards such employee. As seen from the impugned order itself, this is purely a private dispute based on relationship rather espoused in a cause of human rights. Therefore, we are of the view that the complaint itself was not maintainable before the Human Rights Commission. The learned counsel for the respondents made an attempt to justify the order relying on the judgment of the Apex Court in Kapila Hingorani Vs. State of Bihar; [(2003) 6 SCC 1]. We find that the above judgment has no application, as the complaint itself was not maintainable before the Tribunal, in the light of the fact that this present dispute arose out of special relationship, not based on human rights violation.
5. Anyway, taking note of the fact that the entire arrears of salary has been discharged, we find no scope for interference in this matter, except to the direction in the impugned order granting 9% interest to the applicant before the Human Rights Commission. If the applicant is entitled to interest, the applicant is free to agitate in an appropriate
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manner. Accordingly, the impugned order is set aside to the extent ordering payment of 9% interest.
This writ petition is disposed of as above. Sd/-
A.MUHAMED MUSTAQUE,
ACTING CHIEF JUSTICE
Sd/-
S.MANU,
JUDGE
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