Kerala High Court
M.N.Sunil Kumar vs State Of Kerala on 17 February, 2014
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 17TH DAY OF FEBRUARY 2014/28TH MAGHA, 1935
WP(C).No. 20854 of 2010 (F)
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PETITIONER(S):
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M.N.SUNIL KUMAR,AGED 41 YEARS,
S/O.K.R.NARAYANAN NAIR, MOOTHADETH HOUSE, AYROOR
PADAM.P.O, KOTHAMANGALAM, NOW WORKING AS MECHANIC,
MATSYAFED, ICE & FREEZING PLANT,CHULLICKAL,
KOCHI.
BY ADVS.SRI.A.X.VARGHESE
SRI.A.V.JOJO
RESPONDENT(S):
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1. STATE OF KERALA,REP.BY SECRETARY,
FISHERIES & PORT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2. THE MANAGING DIRECTOR,MATSYAFED,
MATSYABHAVAN, KAMALESWARAM, MANACAUD.P.O,
THIRUVANANTHAPURAM, PIN-695 009.
3. THE REGISTRAR OF FISHERIES CO-OPERATIVES/
DIRECTOR OF FISHERIES, FISHERIES DEPARTMENT,
VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM, PIN-695 033.
4. THE MANAGER,MATSYAFED,ICE & FREEZING PLANT,
CHULLICKAL, KOCHANGADI, KOCHI-5.
R1 & R3 BY SR.GOVERNMENT PLEADER SRI.LIJU V.STEPHEN
R2 & R4 BY ADVS. SRI.P.K.VIJAYA MOHANAN, SC, MATSYAFED
SRI.GEORGE POONTHOTTAM, SC,MATSYAFED
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17-02-2014 ALONG WITH WPC.NO. 27245/2009 AND
WPC.NO. 37735/2008, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Kss
WPC.NO.20854/2010 (F)
APPENDIX
PETITIONER'S EXHIBITS:
P1: COPY OF THE CERTIFICATE ISSUED BY THE THEN FLEET MANAGER
DTD. 31/10/1997.
P2: COPY OF THE REFERENCE LETTER ISSUED BY THE THEN PLANT
MANAGER DTD. 22/02/2007.
P3: COPY OF THE G.O.(MS) NO.13/2007/F&PD DTD. 29/03/2007.
P4: COPY OF THE JUDGMENT DTD. 30/3/2007 IN CON.CASE(C)NO.1089/2006
OF THE HON'BLE HIGH COURT.
P5: COPY OF THE ORDER DTD. 25/05/2007.
P6: COPY OF THE JUDGMENT DTD. 26/08/2009 IN WPC.NO.25984/2007
OF THE HON'BLE HIGH COURT.
P7: COPY OF THE JUDGMENT DTD.20/01/2010 IN W.A.NO.2915/2009 OF
THE HON'BLE HIGH COURT.
P8: COPY OF THE JUDGMENT DTD. 9/08/2005 IN WPC.NO.23636/2005
OF THE HON'BLE HIGH COURT.
P9: COPY OF THE PROCEEDINGS OF KERALA LEGISLATIVE ASSEMBLY
DTD. 8/07/2008.
P10: COPY OF THE REPRESENTATION DTD. 6/08/2008.
P11: COPY OF THE G.O.(MS) NO.33/2012/F&PD DTD. 2/05/2012.
RESPONDENT'S EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
A.M.SHAFFIQUE, J
* * * * * * * * * * * * * * * *
W.P.C.NOS.20854 OF 2010,
27245 OF 2009 & 37735 OF 2008
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Dated this the 17th day of February 2014
J U D G M E N T
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W.P.C.Nos.20854 of 2010 and 27245 of 2009 have been filed seeking regularisation of daily wage employees (casual) appointed in different capacities in the Matsyafed. W.P.C.No.37735 of 2008 has been filed by certain other persons complaining of the attempt made by Matsyafed to regularise certain casual employees.
2. It is not in dispute that the appointments on causal basis were not made by following the procedure prescribed under law. In the meanwhile, Matsyafed had given a recommendation to the Government to regularise such workers. The learned counsel appearing for Matsyafed submits that during the pendency of the writ petition, the request of Matsyafed has been considered and rejected by the Government. Once the Government had rejected such request for regularising the appointments of the said persons, I do not think that this Court can exercise the jurisdiction under W.P.C.NOS.20854 OF 2010, 27245 OF 2009 & 37735 OF 2008 2 Article 226 of the Consitution of India to direct the Government to regularise the said employees especially in view of the judgment of the Hon'ble Supreme Court in State of Karnataka v Umadevi [(2006) 4 SCC 1]. Since the Government had already rejected the request for regularising the said employees no further orders are required to be passed in W.P. (C)No.37735 of 2008.
In the result, W.P.C.Nos.20854 of 2010, 27245 of 2009 and 37735 of 2008 are dismissed.
A.M.SHAFFIQUE, JUDGE R.AV