SHAJI P.CHALY,JJ. - (1.)Aggrieved by the order dated 22.10.2018 (Exhibit-P7) passed by Kerala State Human Rights Commission, Thiruvananthapuram (respondent No.1) in H.R.M.P. Nos.6759/2018 & 6977/2018, by which the Commission denied the grant of ex-gratia allowance to the petitioner herein, in lieu of the bonus given to the employees as per the Payment of Bonus Act , 1965, which has been ordered to be paid by Government vide its order dated 23.08.1977 (Exhibit- P1), instant writ petition is filed for the following reliefs.
(a) Call for the records leading to Exhibit-P7 order dated 22.10.2018 of the Kerala State Human Rights Commission, Thiruvananthapuram and to quash the same by issuing a writ of certiorari or any other appropriate writ.

(b) To declare that petitioner is entitled to the benefit of Exhibit- P1 order granting ex-gratia at the rate of 8.33% in lieu of bonus and issue consequential direction to the District Treasury Officer, Alappuzha to disburse ex-gratia at the rate of 8.33% by releasing the withheld portion of the ex-gratia of 2017 to 2019 within such time as this Court may fix as reasonable and just.

(2.)Short facts leading to the filing of the writ petition are as under: Petitioner is engaged as a SLR skilled worker in Dry Dock Workshop, under the Executive Engineer, Irrigation (Mechanical Division), Alappuzha, (respondent No.2), for the past several years. Though his services were regularised, no pensionary benefits were conferred. However, he was paid ex-gratia payment in lieu of the bonus given to the employees as per the Payment of Bonus Act , 1965. The Act was amended and the minimum bonus was fixed as 8.33%. Subsequently, the Irrigation Department vide Exhibit-P1 order dated 23.08.1977, enhanced the rate of ex-gratia at 8.33% to the workers of Dry Dock Workshop as per the provisions of the Factories Act . Meanwhile, the District Treasury Officer, Alappuzha, (respondent No.4), has objected to the payment of ex-gratia at the rate of 8.33% to the petitioner. Hence, he filed Exhibit-P4 complaint before Kerala State Human Rights Commission, against the action of respondent No.4.
(3.)The Commission vide Exhibit-P7 order dated 22.10.2018 dismissed the complaint based on Exhibit-P6 report submitted by the Executive Engineer, Mechanical Division, Alappuzha, inter alia, stating that the petitioners in Exhibit-P4 complaint are entitled to get ex-gratia at the rate of 8 1/3 and that payment now made at the rate of 4% is only due to the objection of the District Treasury Officer, Alappuzha.