Kerala High Court
Satheesh Babu C vs The State Of Kerala on 30 May, 2001
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 8TH DAY OF AUGUST 2017/17TH SRAVANA, 1939
WP(C).No. 20309 of 2012 (K)
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PETITIONER(S):
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1. SATHEESH BABU C.,
S/O MANTHAN, AGED 56,
FOLDING MACHINE WORKER,
HAND WEAVE PROCESSING HOUSE,
CHIRAKKAL, KANNUR,
KADAVATHUPURAYIL HOUSE,
ELAMPILAN PARA,
ALAVI P.O., KANNUR.
2. SANTHOSH C.,
S/O NARAYANAN, AGED 37,
JIGGER WINCH MACHINE WORKER,
HAND WEAVE PROCESSING HOUSE,
CHIRAKKAL, KANNUR,
MANIKOTH VADAKKE VALAPPIL HOUSE,
KACHERI PARA, AZHEEKODE, KANNUR.
3. GOPALAKRISHNAN P.O.,
S/O KORAN MASTER P.P., AGED 44,
UNSKILLED WORKER,
HAND WEAVE PROCESSING HOUSE,
CHIRAKKAL KANNUR,
PADINCHARE PURAYIL HOUSE,
KANNPURAM EAST P.O.,
MOTTAMMAL, KANNUR.
4. LALITHA C.,
W/O RAVEENDRAN, AGED 50,
YARN DYING WORKER,
HAND WEAVE PROCESSING HOUSE,
CHIRAKKAL, KANNUR,
CHETHAMALA HOUSE, PATTUVATHERU,
VALAPATTANAM P.O., KANNUR.
WP(C).No. 20309 of 2012 (K)
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5. GEETHA C.,
W/O CHANDRAN K., AGED 41,
FOLD SECTION WORKER,
HAND WEAVE PROCESSING HOUSE,
CHIRAKKAL, KANNUR,
CHALIL HOUSE, PALLIPOIL,
MOWANCHERY P.O., KANNUR.
6. GEETHA M.T.,
W/O DHANRAJ A., AGED 44 YEARS,
YARN DYING WORKER,
HAND WEAVE PROCESSING HOUSE,
CHIRAKKAL,
KANNUR, THOTHEN HOUSE,
P.O. KOTTALI, KANNUR.
7. NISHA E.O.K.,
W/O M. SACHIDANANNDAN, AGED 41,
EZHUTHANI HOUSE, ELAMPILAN HOUSE,
ALAVIL P.O., KANNUR.
8. GOURI M.,
AGED 41, YARN DYING WORKER,
MINNADAN HOUSE,
PAPPINISSERI P.O. WEST,
MUNDAYATH BAGAVATHI TEMPLE.
9. SATHYAN K.V.,
S/O RAMAN, AGED 40,
PUTHIYAVEETIL HOUSE, CHIRAKKAL P.O.,
HIGH WAY JUNCTION, PATTUVATHERU.
BY ADV. DR.V.N.SANKARJEE
RESPONDENT(S):
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1. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
INDUSTRIES (C) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPRUAM - 695 001.
2. THE DIRECTOR,
HANDLOOM AND TEXTILES,
THIRUVANANTHAPURAM - 695 001.
WP(C).No. 20309 of 2012 (K)
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3. THE MANAGING DIRECTOR,
KERALA STATE HANDLOOM DEVELOPMENT
CORPORATION LTD.,
PM-32/249, THILLERI ROAD,
CANNANORE-670001.
R1-R2 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER
R3 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.P.BENNY THOMAS
SRI.K.JOHN MATHAI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 08-08-2017, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
EL
WP(C).No. 20309 of 2012 (K)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1- TRUE COPY OF THE APPOINTMENT ORDER ISSUED
TO THE 4TH PETITIONER.
EXHIBIT P2- TRUE COPY OF THE COMMUNICATION DATED
30/05/2001 ISSUED BY THE PRODUCTION
MANAGER OF THE 3RD RESPONDENT.
EXHIBIT P3- TRUE COPY OF THE COMMUNICATION DATED
23/02/2011 ISSUED BY THE PUBLIC
INFORMATION OFFICER OF THE 2ND RESPONDENT
TO THE PETITIONER.
EXHIBIT P3(A)- TRUE COPY OF THE APPLICATION DATED
28/01/2011 OF THE 2ND PETITIONER.
EXHIBIT P4- TRUE COPY OF THE ORDER DATED 07/03/1995
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5- TRUE COPY OF THE ORDER DATED 01/01/1996
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P6- TRUE COPY OF THE ORDER DATED 31/05/1995
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P7- TRUE COPY OF THE ORDER DATED 19/02/1996
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P8- TRUE COPY OF THE ORDER DATED 01/07/1996
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P9- TRUE COPY OF THE ORDER DATED 21/10/1995 OF
THE 3RD RESPONDENT.
WP(C).No. 20309 of 2012 (K)
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EXHIBIT P10- TRUE COPY OF THE LETTER DATED 18/08/2005
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P10(A)-TRUE COPY OF THE RESOLUTION NO.6319 DATED
09/08/2005 OF THE IST RESPONDENT.
EXHIBIT P11- TRUE COPY OF THE LETTER DATED 04/11/2005
ISSUED TO THE IST RESPONDENT.
EXHIBIT P12- TRUE COPY OF THE GOVERNMENT ORDER DATED
25/11/2006
EXHIBIT P13- TRUE COPY OF THE ORDER DATED 20/01/2007 OF
THE 3RD RESPONDENT.
EXHIBIT P14- TRUE COPY OF THE ORDER DATED 05/01/2008
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P15- TRUE COPY OF THE GOVERNMENT ORDER DATED
06/07/2009
EXHIBIT P16- TRUE COPY OF THE LETTER DATED 06/08/2009
ADDRESSED BY THE 3RD RESPONDENT TO THE IST
RESPONDENT
RESPONDENT(S)' EXHIBITS
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NIL
TRUE COPY
P.S. TO JUDGE
EL
A. MUHAMED MUSTAQUE, J.
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W.P. (C) No.20309 of 2012
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Dated this the 8th day of August, 2017
J U D G M E N T
The petitioners except the 3rd petitioner joined in the service of the Kerala State Handloom Development Corporation on 23.11.2000. The 3rd petitioner joined duty on 27.11.2000. Kerala State Handloom Development Corporation is a Kerala State Government undertaking. It appears that the Government imposed a ban on recruitment as part of the economic measures. The Government, by taking note of the request of the Managing Director of the Corporation, vide Ext.P12 dated 25.11.2006, ordered regularisation of the service of the petitioners with effect from the date of the order. This order is under challenge in the writ petition filed in the year 2012.
2. Learned counsel for the petitioners explained the delay in approaching the Court. According to the learned counsel, the petitioners belonged to the poor strata of the society and they were making requests before the Managing Director to take up W.P.(C) No.20309/2012 2 the matter with the Government for regularisation with effect from their date of appointment. The petitioners highlight Ext.P16, a communication addressed by the Managing Director to the Government. In that communication, the Managing Director requested the Government to order regularisation with effect from six months from their joining date in the Corporation. The petitioners also pointed out the appointments of other employees in the Corporation. With reference to Exts.P3 to P9, it is submitted that several employees were regularised with effect from the date of completion of their probation.
3. It is to be noted that there is considerable delay on the part of the petitioners in approaching this Court. At the same time, this Court noted that the petitioners are working from the date of joining service in the Corporation. If such a long period is deprived from counting their benefits, it would be too iniquitous to the petitioners who are workers with the Corporation. The Government in fact decided to regularise the petitioners without any monitory obligation for the past service. The petitioners' past service were treated on daily wages.
W.P.(C) No.20309/2012 3
In the above circumstances, this Court is of the view that the petitioners be regularised with effect from their date of appointment as they were appointed to sanctioned posts. However, the petitioners should not be given any monetary benefits for the above period. The date of joining shall be notionally fixed for service benefits alone. The scale of pay of the petitioners should therefore be refixed. The impugned order is interfered to the extent as above.
This writ petition is disposed of.
Sd/-
A. MUHAMED MUSTAQUE JUDGE smp