Central Administrative Tribunal - Ernakulam
Bathisha U.C vs The Administrator on 26 September, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. NO. 300 OF 2011
Monday, this the 26th day of September, 2011
CORAM:
HON'BLE Dr.K.B.S RAJAN, JUDICIAL MEMBER
HON'BLE Ms. K. NOORJEHAN, ADMINISTRATIVE MEMBER
1. Bathisha U.C
DTP Operator,
Government Printing Press Kadamath
Residing at Ukkayachetta House
Kadmath Island, Union Territory of
Lakshadweep, Pin - 682 556
2. Ukkas K.C
Machine Man, Government Printing Press,
Kadamath, Residing at Kariche Chetta House
Kadamath Island, Union Territory of
Lakshadweep, Pin - 682 556 - Applicants
(By Advocate Mr.Thampan Thomas)
Versus
1. The Administrator
Union Territory of Lakshadweep
Kavaratti
2. The Director
Department of Printing & Stationery
Union Territory of Lakshadweep,
Kavaratti - 682 555
3. Office-in-Charge
Government press
Kadmath Island, Union Territory of
Lakshadweep, Pin - 682 556
4. Shajahan A.M
Ajmeer Manzil, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
5. Shabudeen M.K
Mukriyammakada, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
6. T.P Abdul Hayath
Thiruvathapura
Kadmath Island
U.T of Lakshadweep, Pin - 682 556
7. Rafeek M
Mudakiyoda, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
8. M.K Niyamathulla
Mukriyammakada, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
9. Mohammed Haneefa M.P
Melilapura, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
10. Sainul Abid C.N
Cheriyam Nalla,
Kadmath Island
U.T of Lakshadweep, Pin - 682 556
11. Nusaiba Beegam M.S
Melesurambi, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
12. Slaeem T
Therakkal, Kadamath Island
U.T of Lakshadweep, Pin - 682 556
13. Jaffer Sha K
Ummaimath Nagar, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
14. Akbarali.C.N
Cheriyan Nallala, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
15. Sarfrasil Nishad P.C
Perkai Chetta Kadmath Island
U.T of Lakshadweep, Pin - 682 556
16. M.C Abdullakoya
Mullechetta, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
17. Anwer Hussain P.C
Puthiyerachetta, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
18. Noorulla A.K
Ayshabiyakudi, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
19. Mulheemath M.C
Kadmath Island
U.T of Lakshadweep, Pin - 682 556
20. Sainul Abid C.N
Cheriyam Nallala, Kadmth Island
U.T of Lakshadweep, Pin - 682 556
21. Abdul Jabbar G.N
Cheriyan Nallala, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
22. Mohammed Koya P.P
Puthiya Pura, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
23. Anwer Khan D.S
Darussalam, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
24. Shajahan S.M
Shajahan Anzil, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
25. Buser Jamher
Hameedath Manzil, Kadmath Island
U.T of Lakshadweep, Pin - 682 556
26. Ashik B
Bammadam, Kadmath Island
U.T of Lakshadweep, Pin - 682 556 - Respondents
(By Advocate - Mr.S Radhakrishanan for R 1-3
- Mr.M.V Thampan for R 4,5 & 7)
The application having been heard on 26.09.2011, the Tribunal on the
same day delivered the following:
O R D E R
HON'BLE Dr.K.B.S RAJAN, JUDICIAL MEMBER
1. Order dated 12-04-2011 in this OA reads as under:-
" The first applicant was working as Desk Top Publishing Operator and the second applicant was working as Machine Man under the Lakshadweep Government Printing Press, Kadamath with effect from 17.01.2011. They were engaged vide Annexure A-8 letter dated 10.01.2011 initially for a period of 89 days. However, they have been continuing in the same capacity from time to time. Thereafter the respondents have prepared a list of candidates who possessed the required qualification in engaging as skilled labourer on daily wages in LGP Unit Kadamath. In the category of Machine Man there are four peoples and in the category of DTP Operator there are 8 persons. According to the said O.M itself the respondents are planning to rotate the people after every 89 days so that every one in the list can get a chance.
The learned counsel for the applicant has argued that since the applicants have been working since 17.01.11 they should not be replaced by persons with lesser service/no service. He has also submitted that some of the persons included in the list are not at all qualified. He also submitted that he is facing a threat of disengagement in order to accommodate some of the other persons included in the list. When the matter came up for hearing initially on 08.04.2011, we have directed the applicant's counsel to make the other selected persons affected by the continuance of the applicant in service shall be made as parties. The learned counsel for the applicant today submitted that he has already moved an application to that effect. He submitted that he has already filed an M.A impleading two persons from each category of Machine Man and DTP Operator respectively. The learned counsel for the respondents have also submitted that he has received a copy of it. It is not on record. But the directions of this Tribunal was that all the affected persons should be included. Accordingly the applicant shall file a fresh M.A for inclusion of all the affected persons in the Annexure A-7 list within three days and the same shall be listed before the vacation bench on 27.04.2011.
In the meanwhile, the official respondents may file the reply statement within four weeks from today and there after two weeks time is granted to the applicant to file rejoinder, if any.
In the meanwhile the respondents shall maintain status- quo with regard to the engagement of the applicant.
A copy of the order be communicated to the learned counsel for the parties. "
2. Subsequently M.A. No. 304 of 2011 was filed for inclusion of certain private respondents which had also been allowed by order dated 27-04-2011.
3. While the interim order vide order dated 12-04-2011 mandated the respondents to maintain status quo with regard to the engagement of the applicant, the same was, axiomatically subject to availability of work.
4. It has been submitted by the counsel for the applicant that the respondents have closed all the presses in the Island and as such, as on date there is no work available. Under these circumstances, the counsel prayed for closure of the OA with liberty to agitate as and when (if at all) necessity arises in future.
5. We record the submission of the counsel for the applicant and close this O.A. granting the liberty as prayed for.
6. No orders as to cost.
(Dated, this the 26th day of September, 2011.) K. NOORJEHAN DR.K.B.S RAJAN ADMINISTRATIVE MEMBER JUDICIAL MEMBER sv