Kerala High Court
M.Dinesh Babu vs Kerala State Road Transport ... on 22 May, 2012
Author: C.K. Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
MONDAY,THE 16TH DAY OF DECEMBER 2013/25TH AGRAHAYANA, 1935
WP(C).No. 28910 of 2013 (K)
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PETITIONER(S):
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1. M.DINESH BABU, AGED 38 YEARS,
S/O.SIVARAMAN NAIR,
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
MANNARKAD DEPOT.
2. S.D.JOSHY, AGED 39 YEARS,
S/O.T.K.DHARMAN,
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
NORTH PARAVOOR DEPOT, ERNAKULAM.
3. K.SELVAN, AGED 30 YEARS,
S/O.V.KALIDAHSAN,
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION, ALUVA DEPOT.
4. ALIYAR P.P., AGED 45 YEARS,
S/O.P.A.PAREETH,
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
PERUMBAVOOR DEPOT, ERNAKULAM.
5. P.JAYAPRAKASH, AGED 41 YEARS,
S/O.N.SIVADASAN,
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
PALAKKAD DEPOT.
6. A.NINACHAN, AGED 41 YEARS,
S/O.ATNONY, PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
THOTTILPALAM DEPOT.
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WP(C).No. 28910 of 2013 (K)
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7. A.M.LIJEESH, AGED 36 YEARS,
S/O.KRISHNAN A.M.,
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
THOTTILPALAM DEPOT.
8. P.N.NARAYANAN, AGED 42 YEARS,
S/O.NEELAKANDAN NAIR,
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
PERUMBAVOOR DEPOT, ERNAKULAM.
9. KRISHNAKUMAR V.K., AGED 35 YEARS,
S/O.KRISHNAN V.
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
GURUVAYOOR DEPOT, THRISSUR.
10.T.K.FIJIMON, AGED 42 YEARS,
S/O.T.A.KUTTAPPAN,
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
PARAVOOR DEPOT, ERNAKULAM.
11.T.K.ANILKUMAR, AGED 43 YEARS,
S/O.KRISHNAN KUTTY,
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
KODUNGALLUR DEPOT, ERNAKULAM.
12. V.E.NISHAD, AGED 34 YEARS,
S/O.V.P.IBRAHIM,
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
MOOVATTUPUZHA DEPOT.
13. RAJENDRAN M.R., AGED 36 YEARS,
S/O.M.A.RAMANATHAN CHETTIYAR,
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
PALA DEPOT., KOTTAYAM.
14. M.VISWANATHAN, AGED 40 YEARS,
S/O.K.MUTHU NAIR,
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
KASARAGOD DEPOT.
WP(C).No. 28910 of 2013 (K)
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15. A.T.SUDHEESH, AGED 46 YEARS,
S/O.NEELAKANDAN NAIR,
PRESENTLY WORKING AS EMPANELLED CONDUCTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
ERNAKULAM DEPOT., ERNAKULAM.
BY ADVS.SRI.B.S.SWATHY KUMAR
SRI.REMYA MURALI
SRI.ASHISH MOHAN
RESPONDENT :
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KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM-695 003.
REPRESENTED BY ITE MANAGING DIRECTOR.
BY SRI.BABU JOSEPH KURUVATHAZHA, S.C,KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16-12-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 28910 of 2013 (K)
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APPENDIX
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PETITIONER(S)' EXHIBITS
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EXHIBIT P1. TRUE COPY OF THE RELEVANT EXTRACT OF THE SERVICE WAGE
CONTRACT OF 2012 DATED 22/5/2012.
EXHIBIT P2. TRUE COPY OF THE JUDGMENT IN WPC NO.17114/2013
DATED 15/7/2013.
RESPONDENT EXHIBIT : NIL
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// TRUE COPY //
P.S. TO JUDGE
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C.K. ABDUL REHIM, J.
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W.P.(c) No. 28910 OF 2013-K
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DATED THIS THE 16th DAY OF DECEMBER, 2013.
J U D G M E N T
Petitioners are seeking declaration from this court to the effect that they are legally entitled to be regularised as Conductors in the respondent Corporation. Regularisation of provisional employees working in the Corporation is a matter which is coming within the policy decision of the Corporation as well as the State Government. This court cannot make any declaration regarding entitlement of such provisional employees. The petitioners relies upon Ext.P2 judgment. Therein this court had directed the Corporation to consider regularisation of certain employees who have crossed the upper age limit for seeking regular appointment through Public Service Commission. In Ext.P2 this court has not declared any entitlement of the petitioners for being regularised in the service of the respondent Corporation.
2. Petitioners point out a clause in Ext.P1 agreement, which is Bipartite settlement entered into W.P.(c) No.28910/2013 -2- between the Corporation and its employees through trade unions representing them, which contains a clause that the demand for regularisation of those empanelled workers who have completed 5 years will be discussed and an appropriate decision will be taken within a period of one year. Petitioners seek direction compelling the respondent Corporation to take a decision in accordance with the said terms and conditions of the Bipartite agreement. This court is of the considered opinion that enforcement of the terms and conditions in the Bipartite agreement, which is coming within the purview of the Industrial Disputes Act, cannot be sought for in this writ petition, which is filed under Article 226 of the Constitution of India.
3. However, the petitioners will be at liberty to approach the respondent Corporation seeking for enforcement of the terms and conditions in the Bipartite settlement and requesting for taking a decision on the issue of regularisation of empanelled workers who have completed 5 years service.
W.P.(c) No.28910/2013 -3-
4. Needless to observe that if any such request is received it is for the respondent Corporation to consider the same and to take an appropriate decision. The writ petition is therefore disposed of, subject to observations contained as above.
Sd/-
C.K. ABDUL REHIM, JUDGE.
AMG True copy P.A to Judge