Kerala High Court
Shaji.S vs Regional Labour Commissioner ... on 10 April, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) NO. 14884 OF 2025 : 1 :
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
WP(C) NO. 14884 OF 2025
PETITIONERS:
1 SHAJI.S, AGED 55 YEARS
S/O SUNDARESAN NAIR N, VAISHAKAM, ELAMPA P.O.,
ATTINGAL, THIRUVANANTHAPURAM, PIN - 695103
2 SREEKANDAN NAIR.K., AGED 58 YEARS
S/O KUTTAN PILLAI, CHIPPY, EDATHARA,
ANANDESWARAM, CHEMPAZHANTHI P.O.,
THIRUVANANTHAPURAM, PIN - 695587
3 PRADEEP, AGED 53 YEARS
S/O CHANDRASEKHARA NAIR, PRANAVAM, ETRA 84,
EANIKKARA, KARAKULAM P.O.,
THIRUVANANTHAPURAM, PIN - 695564
4 STANLEY.A., AGED 57 YEARS
S/O AROGYAM, SHIMILY SADANAM,
CHAMPANADA HOUSE, PULLUVILA P.O.,
THIRUVANANTHAPURAM, PIN - 695526
5 BINU KUMAR.B., AGED 57 YEARS
S/O BALAKRISHNAN, NEERAZHY LANE, PSC NAGAR,
ULLOOR, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM, PIN - 695011
6 SATHEESH KUMAR.B., AGED 56 YEARS
S/O R.BALAKRISHNAN PILLAI, KUNDAYATHUKONATH
VEEDU, CHERIYAKONNI P.O.,
THIRUVANANTHAPURAM, PIN - 695013
7 SATHEESH KUMAR.R, AGED 56 YEARS
S/O RAVEENDRAN NAIR, PAINGALI VEEDU,
BHAGAVATHY NADA P.O., BALARAMAPURAM,
THIRUVANANTHAPURAM, PIN - 695501
WP(C) NO. 14884 OF 2025 : 2 :
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8 RAVIKUMAR.T, AGED 56 YEARS
S/O R.THANKKAPPAN PILLAI, AISHWARYA,
VAYYANAM P.O., AYOOR,
KOLLAM DISTRICT, PIN - 691533
9 SREEKUMARAN NAIR.S., AGED 59 YEARS
S/O SIVARAMAN PILLAI, AYYAPPA NILAYAM,
VALAMCODE, PALLICHAL P.O.,
THIRUVANANTHAPURAM, PIN - 695020
0 S.NATESH KUMAR,AGED 58 YEARS
S/O SANKARA PILLAI, THANKAM, KULASEKHARAM,
KODUNGANOOR P.O.,
THIRUVANANTHAPURAM, PIN - 695013
11 BABU.C, AGED 58 YEARS
S/O CHAKRAPANI, ROHINI, VADAKARA NAGAR,
ARAYALLOOR, THIRUMALA P.O.,
THIRUVANANTHAPURAM, PIN - 695006
12 MURALEEDHARAN NAIR.M, AGED 57 YEARS
, S/O MADHAVAN NAIR, TC 64/608(1),
THIRUVATHIRA, THOTTATHU VILLA, KARUMAM P.O.,
THIRUVANANTHAPURAM, PIN - 695002
13 SURENDRAN.G, AGED 53 YEARS
S/O GEORGE, PLANKALA VILLA HOUSE,
VADOORKONAM, AYRA P.O., PARASSALA,
THIRUVANANTHAPURAM, PIN - 695502
14 RAMACHANDRAN NAIR.N.,
AGED 57 YEARS
S/O NARAYANAN NAIR, MELEKAIPPILLIL VEEDU,
MUNDELA P.O., VELLANAD,
THIRUVANANTHAPURAM, PIN - 695543
15 UNNIKRISHNAN NAIR.A.,AGED 53 YEARS
S/O APPUKUTTAN NAIR, SINDHOORAM,
KIDANGUMAL, VELIYANNOOR P.O., VELLANAD,
THIRUVANANTHAPURAM, PIN - 695543
16 JOY.C.PILLAI, AGED 54 YEARS
S/O S.CHANDRASEKHARAN PILLAI,
VISHNU VILASOM, PAKALKURI P.O., PALLICHAL,
THIRUVANANTHAPURAM, PIN - 695604
17 P.ANILKUMAR,AGED 56 YEARS
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M/O KRISHKUMARI, KRISHNAVENI,
SAPTHAPURAM, PERAYAM P.O.,
THIRUVANANTHAPURAM, PIN - 695562
18 S.RAJAN, AGED 56 YEARS
S/O SUKUMARAN, SINDHU BHAVAN, VATTAVILA,
KALLIYOOR P.O.,
THIRUVANANTHAPURAM, PIN - 695042
19 LALUKUMAR.G.K., AGED 50 YEARS
S/O K KRISHNAPILLAI, THIRUVATHIRA,
KAITHOORKONAM, EDAKODE, NEMOM P.O.,
THIRUVANANTHAPURAM, PIN - 695020
0 RAJU.T., AGED 56 YEARS
S/O THANKAPPAN, NIJA NIVAS,
OTTAVATTOM JUNCTION, ELAMPAL P.O.,
PUNALUR, KOLLAM DISTRICT, PIN - 691322
21 SURESH.K.,AGED 55 YEARS
S/O A KRISHNAN KUTTY, KANJIRAMNINNAKARICHAL,
PULLUVILA P.O.,
THIRUVANANTHAPURAM, PIN - 695576
22 S.AMBIKA RAJAN, AGED 58 YEARS
W/O RAJAN PILLAI, AISHWARYA BHAVAN, THONNAKKAL
P.O., THIRUVANANTHAPURAM, PIN - 695317
23 PADMAKUMARY.S., AGED 52 YEARS
W/O ANIL KUMAR, CHANDRODAYAM, SREEKANTH NAGAR,
IRUPPUKUZHY, KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM, PIN - 695043
24 L.GEETHA, AGED 58 YEARS
W/O RAJEDRAN G, SANGEETHAM, MRAP1,
KANJIRAMPARA P.O.,
THIRUVANANTHAPURAM, PIN - 695030
25 BAIJU.K.S., AGED 58 YEARS
S/O KRISHNAN, VEGAMVILAKOM, MANCHADIMOODU,
VATTIYOORKKAVU P.O.,
THIRUVANANTHAPURAM, PIN - 695013
26 SADASIVAN NAIR, AGED 57 YEARS
S/O MADHAVAN PILLAI, MAMBAZHAKKARA,
PERUMPAZHATHOOR P.O., NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695126
WP(C) NO. 14884 OF 2025 : 4 :
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BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 REGIONAL LABOUR COMMISSIONER (CENTRAL),
RAMANILAYAM, TC 25/3453, UPPALAM ROAD,
THIRUVANANTHAPURAM, PIN - 695001
2 SREE CHITHIRA THIRUNAL INSTITUTE FOR MEDICAL
SCIENCE & TECHNOLOGY,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM -
REPRESENTED BY ITS DIRECTOR., PIN - 695011
3 UNION OF INDIA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF SCIENCE AND TECHNOLOGY,
TECHNOLOGY BHAVAN, NEW MEHRAULI ROAD,
NEW DELHI, PIN - 110016
BY ADV Sajith Kumar V.,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners are Ex-service men/retirees from the Central Reserve Police Force (CRPF) and are presently working as security guards with the 2nd respondent on contract basis through an agency which deals with supply of security guards. According to the petitioners, as per Exts.P3 and P4 settlements entered into by the 2nd respondent and the Trade Unions, the security guards are allowed to continue till the age of 60 years. It is stated that Exts.P3 and P4 settlements are still in force. While so, the 2nd respondent had invited bid for engaging security agencies for the coming year. Ext.P5 is the bid document and clause 7(4) of the same reads WP(C) NO. 14884 OF 2025 : 6 : 2025:KER:31435 as follows:
"7.Buyer Added Bid Specific ATC
4. The age limit of the contract security guards deployed should be upto 60 years. The service provider should ensure timely replacement of security guards exceeding 60 years during the contract period. The security guards should be deployed by the service provider in such a way that he/she should not be worked in the Institute for a period more than 5 years under any agency."
The petitioners state that by the aforesaid clause, a restriction has been imposed by the 2 nd respondent by which the maximum period of service of a security guard under any agency is limited to 5 years. This according to the petitioners is violative of Exts.P3 and P4 settlements. The petitioners WP(C) NO. 14884 OF 2025 : 7 : 2025:KER:31435 apprehend that by virtue of the said clause in the bid document, once an agreement is entered into by the 2nd respondent with a new agency, the service of the petitioners will be terminated. The petitioners have accordingly approached the 1 st respondent-Regional Labour Commissioner (Central), highlighting their grievances. The 1 st respondent, considering the grievances raised by the petitioners has issued Ext.P6 communication to the 2nd respondent. The relevant portion of the communication reads as follows:
"The General Secretary of Kerala State Security & Housekeeping Staff Association brought to the notice of the undersigned that one of the terms of tender stipulates that 'contract workers shall not be employed for more than 5 years in your WP(C) NO. 14884 OF 2025 : 8 : 2025:KER:31435 establishment under various contractors'. This clause of your tender is apprehended violation against the MOS dt.13.06.2024 and also against the principles of CL(R&A) Act 1970 wherein the PE shall not interfere in the terms and conditions of employment of contract labours.
In the light of the above, if implemented the above condition, it will become violation of MOS dt.13.06.2024 which will attract action under Sec 29 of the ID Act,1947 and violations under CL(R&A) Act, 1970.
In view of the above you are hereby advised to reconsider the above clause of your tender."
2. The petitioners have accordingly, filed this writ petition to quash clause No.7(4) in Ext.P5 bid document to the extent it restricts the service WP(C) NO. 14884 OF 2025 : 9 : 2025:KER:31435 of security personnel under different agency to five years contrary to Ext.P4 settlement.
3. A statement has been filed by the 2 nd respondent wherein it is stated that pursuant to Ext.P6, Ext.R2(a) reply has been submitted by the 2nd respondent to the 1st respondent. It is contended that there is no violation of Exts.P3 and P4 settlements and that the conditions in Ext.P4 settlement will not apply to fresh bids.
4. Since the 2nd respondent has submitted Ext.R2(a) reply to Ext.P6 before the 1 st respondent, I am of the view that the grievances raised by the petitioners in this writ petition can be considered by the 1st respondent with notice to the petitioners in a representative capacity and the 2 nd respondent. The 1st respondent shall take a decision on the WP(C) NO. 14884 OF 2025 : 10 : 2025:KER:31435 issue after hearing the petitioners and the 2 nd respondent. A decision as above shall be taken within a period of one month from the date of receipt of a copy of this judgment. Till such time a decision is taken, Ext.P5 shall not be finalised.
The writ petition is disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 14884 OF 2025 : 11 : 2025:KER:31435 APPENDIX PETITIONER EXHIBITS Exhibit TRUE COPY OF THE WAGE SLIPS OF P1(Series) PETITIONER NOS.3, 10, 16 AND 17 FROM DECEMBER 2021 TO OCTOBER 2023 WHILE WORKING WITH DELTA SECURITY SERVICES DATED NIL Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.25590/2019 DATED 29.05.2019 Exhibit P3 TRUE COPY OF THE SETTLEMENT ARRIVED BETWEEN THE 1ST RESPONDENT AND THE UNION ALONG WITH BRANCH MANAGER OF THE THEN CONTRACTOR DATED 10.10.2019 WITH LEGIBLE COPY Exhibit P4 TRUE COPY OF THE SETTLEMENT ARRIVED AT THE INSTANCE OF THE 1ST RESPONDENT DATED 13.06.2024 BETWEEN THE 2ND RESPONDENT AND UNION OF WORKERS WITH LEGIBLE COPY Exhibit P5 TRUE COPY OF THE BID DOCUMENT ISSUED BY THE 2ND RESPONDENT DATED 30.01.2025 Exhibit P 6 TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT DATED 12.02.2025 RESPONDENT ANNEXURES ANNEXURE R2(A) A TRUE COPY OF THE LETTER NO. P AND A.1/SCTIMST/13/2025, DATED 19.03.2025 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT