L. Nageswara Rao, J. - (1.) Leave granted. Rehabilitation of Abkari workers is the core issue that arises in the Appeals above. Displaced workers who lost employment due to the ban of arrack in the State of Kerala, were successful in the Writ Petition filed by them. The Appeals filed by the State of Kerala and the Kerala State Beverages Corporation Limited (for short, 'the Corporation') were dismissed by a Division Bench of the Kerala High Court. Thus, the above Appeals.
(2.) Retail outlets for sale of arrack were started by the Corporation in the year 1995, in view of the decision taken by the Government of Kerala to abolish arrack shops which were hitherto run by private parties. Thereafter, on 01.04.1996, arrack was banned in the State of Kerala. Consequentially, 12,500 arrack workers were deprived of their livelihood. Since it was not possible to provide re-employment to the displaced arrack workers, the State Government paid compensation of Rs. 30,000/- each to the arrack workers in lieu of rehabilitation. In addition, an ex gratia of Rs.2000/- was also disbursed by the Government, apart from the provident fund pension and DCRG. Dissatisfied with the decision of the Government in not providing re-employment, the arrack workers launched an agitation demanding rehabilitation. Pursuant to an agreement between the arrack workers and the Government, G.O.(Rt) No.81/2002/TD dated 20.02.2002 was issued. The Government ordered that 25% of all daily wage employment vacancies which would arise in the Corporation in future shall stand reserved to be filled up by displaced workers who were members of the Abkari Workers Welfare Fund Board and whose services were terminated due to the ban of arrack.
(3.) The criteria for rehabilitation of arrack workers was altered by G.O.(Rt) No. 567/2004/TD dated 07.08.2004. Vide this Order, 25% of all daily wage employment vacancies likely to arise in the Corporation, were directed to be earmarked for the dependent sons of arrack workers who had perished consequent to the loss of employment, due to the ban on arrack in the State. In case the claimants exceeded the number of available vacancies, employment would be provided after a selection. The eligibility for seeking reemployment was that the dependent sons of deceased arrack workers should not have completed 38 years of age.;