Kerala High Court
The Kerala Khadi Board Employees Union ... vs The State Of Kerala on 21 January, 2021
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
WP(C).No.1594 OF 2021(Y)
PETITIONER:
THE KERALA KHADI BOARD EMPLOYEES UNION REG.NO.23/2001
REPRESENTED BY THE GENERAL SECRETARY, B.S RAJEEV,
SENIOR CLERK, DISTRICT OFFICE, KK AND VI BOARD,
THIRUVANANTHAPURAM 695 501
BY ADVS.
SRI.R.RAJASEKHARAN PILLAI
SMT.SABINA JAYAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES
DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD,
REPRESENTED BY ITS SECRETARY, KHADI BHAVAN,
VANCHIYOOR, THIRUVANANTHAPURAM 695 035
3 THE PRINCIPAL SECRETARY,
FINANCE DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM 695 001
4 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM
PALACE P.O, THIRUVANANTHAPURAM 695 004
SRI. BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1594 OF 2021(Y)
2
JUDGMENT
Dated this the 21st day of January 2021 This writ petition is filed seeking the following reliefs:
"i) Issue a writ of mandamus or other appropriate writ order or direction commanding the respondents 1 to 3 to not to regularize or absorb daily rated or contract employees as stated in Ext.P2.
ii) Declare that the entire exercise to regularize contract employees and daily rated employees undertaken by the respondents is abinitio void and is an affront to the constitutional provisions and also the law relating to the service conditions."
2. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the 2 nd respondent as well as the learned Standing Counsel for the 4th respondent.
3. It is submitted by the learned counsel for the petitioner that against the proposal to regularize 54 daily rated employees, the petitioner has preferred Ext.P3 representation before the 3 rd respondent.
4. The learned counsel appearing for the Khadi Board submits that the representation and the writ petition are based on surmises WP(C).No.1594 OF 2021(Y) 3 and contentious and that there is no factual basis for the contention raised.
5. In view of the fact that the petitioner has approached the 3 rd respondent with Ext.P3 representation, I am of the opinion that it is for the 3rd respondent to take an appropriate decision thereon, with notice to the petitioner as well as respondents 2 and 4.
There will, accordingly, be a direction to the 3 rd respondent to take up, consider and pass orders on Ext.P3 representation preferred by the petitioner, after notice to the petitioner and after hearing an authorized representative and respondents 2 and 4 and to pass orders thereon within a period of one month from the date of receipt of a copy of this judgment. It is made clear that the hearing can be conducted through any appropriate means including by video conferencing.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SVP WP(C).No.1594 OF 2021(Y) 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER OF THE KERALA LOK AYUKTA DATED 31-12-2010 EXHIBIT P2 TRUE COPY OF THE REPLY OF THE 2ND RESPONDENT DATED 17-11-2020 TO THE QUERY OF THE PETITIONER UNDER THE RTI ACT ALONG WITH THE LETTER TO THE PRIVATE SECRETARY OF THE MINISTER ENCLOSING THE LIST OF PERSONS TO BE REGULARIZED.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 16-1-2021 TO THE FINANCE MINISTER.