Kerala High Court
M K Sunanda vs Kerala Forest Research Institute on 25 January, 2016
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 25TH DAY OF JANUARY 2016/5TH MAGHA, 1937
WP(C).No. 16717 of 2003 (M)
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PETITIONERS:
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1. M K SUNANDA, HELPER, KERALA FOREST
RESEARCH INSTITUTE, PEECHI, THRISSUR
2. T S SURESH, HELPER, KERALA FOREST
RESEARCH INSTITUTE, PEECHI, THRISSUR
3. T.M UMMUKULSE, HELPER
KERALA FOREST RESEARCH INSTITUTE,
FIELD RESEARCH CENTRE,
PALLAPPILLY, ELUPPADOM. THRISSUR DISTRICT
4. P S KADEEJA, HELPER,
KERALA FOREST RESEARCH INSTITUTE,
FIELD RESEARCH CENTRE,
PALLAPPILLY, ELUPPADOM. THRISSUR DISTRICT
5. A SARADHA, HELPER,
KERALA FOREST RESEARCH INSTITUTE,
FIELD RESEARCH CENTRE,
PALLAPPILLY, ELUPPADOM. THRISSUR DISTRICT
6. V L ALPHONSA, HELPER
KERALA FOREST RESEARCH INSTITUTE,
FIELD RESEARCH CENTRE,
PALLAPPILLY, ELUPPADOM. THRISSUR DISTRICT
BY ADVS.SRI.P.SANKARANKUTTY NAIR
SRI.T.V.AJAYAKUMAR
SRI.K.SANDESH RAJA
WP(C).No. 16717 of 2003 (M) ::2::
RESPONDENTS:
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1. KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR
REPRESENTED BY ITS DIRECTOR
2. THE REGISTRAR, KERALA FOREST
RESEARCH INSTITUTE, PEECHI, THRISSUR
3. A.V. JAYAN, HELPER (ON DAILY WAGES)
N.W.F.P DIVISION
KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR
4. VALSA, HELPER (ON DAILY WAGES)
GUEST HOUSE, KERALA FOREST
RESEARCH INSTITUTE, PEECHI, THRISSUR
5. ELSY, HELPER (ON DAILY WAGES)
SOIL SCIENCE DIVISION, KERALA FOREST
RESEARCH INSTITUTE, PEECHI, THRISSUR
6. N L MARY, HELPER (ON DAILY WAGES)
KERALA FOREST RESEARCH INSTITUTE,
FIELD RESEARCH CENTRE,
PALLAPPILLY, ELUPPADOM. THRISSUR DISTRICT
7. SAINABA, HELPER (ON DAILY WAGES)
KERALA FOREST RESEARCH INSTITUTE,
FIELD RESEARCH CENTRE,
PALLAPPILLY, ELUPPADOM. THRISSUR DISTRICT
8. LOOZY, HELPER (ON DAILY WAGES)
KERALA FOREST RESEARCH INSTITUTE,
FIELD RESEARCH CENTRE,
PALLAPPILLY, ELUPPADOM. THRISSUR DISTRICT
9. AMMINI, HELPER (ON DAILY WAGES)
KERALA FOREST RESEARCH INSTITUTE,
FIELD RESEARCH CENTRE,
PALLAPPILLY, ELUPPADOM. THRISSUR DISTRICT
10. KARTHU, HELPER (ON DAILY WAGES)
KERALA FOREST RESEARCH INSTITUTE,
FIELD RESEARCH CENTRE,
PALLAPPILLY, ELUPPADOM. THRISSUR DISTRICT
R,R7-10 BY ADV. SRI.RENJITH THAMPAN
R, BY ADV. SRI S M PREM[STANDING COUNCEL]K F R I
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.16717/2003 ::3::
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 : TRUE COPY OF THE EXPERIENCE CERTIFICATE DT 24.7.97
EXT.P2 : TRUE COPY OF THE LETTER OF APPOINTMENT DT 25.5.2001
EXT.P3 : TRUE COPY OF THEAGREEMENT DT 28.5.2001
EXT.P4 : TRUE COPY OF THE APPOINTMENT LETTER DT 11.2.93
EXT.P5 : TRUE COPY OF THE EXPERIENCE CERTIFICATE DT 23.6.2000
EXT.P6 : TRUE COPY OF PROCEEDINGS NO. D109/KFRI/ESTT. 98 DT 2.6.2001
EXT.P7 : TRUE COPY OF THE NOTICE NO. D 109/KFRI/ESTT/98 DT 1.4.2003
EXT.P8 : TRUE COPY OF THE NOTICE NO. D 109/KFRI/ESTT/98 DT 1.4.2003
EXT.P9 : TRUE COPY OF THE NOTICE NO.D 109/KFRI/ESTT/98 DT 1.4.2003
EXT.P10 : TRUE COPY OF THE NOTICE NO.D 109/KFRI/ESTT/98 DT 1.4.2003
EXT.P11 : TRUE COPY OF THE NOTICE NO.D 109/KFRI/ESTT/98 DT 1.4.2003
EXT.P12 : TRUE COPY OF THE NOTICE NO.D 109/KFRI/ESTT/98 DT 1.4.2003
EXT.P13 : A TRUE COPY OF THE ORDER IN C M P NO. 618/2003 IN OP 36142/2002
(C) DT 9.1.2003
EXT.P14 : TRUE COPY OF THE ORDER IN CMP 3410/03 IN OP 36142/02 DT 23.1.2003
EXT.P15 : TRUE COPY OF THE ORDER NO. G. 53/KFRI/79/ DT 24.7.86
EXT.P16 : TRUE COPY OF THE LETTER NO. E. 11/KFRI/91 DT 1.1.92
EXT.P17 : TRUE COPY OF THE PROCEEDINGS NO. G.5/KFRI/ESTT/94 DT 30.6.94
EXT.P18 : TRUE COPY OF THE ORDER NO. D42/KFRI/ESTT/76 DT 30.6.94
EXT P19 : TRUE COPY OF THE ORDER NO. D42/KFRI/ESTT/76 DT 16.4.2001
EXT.P20 : TRUE COPY OF THE NOTE NO. D109/KFRI/ESTT/98 DT 22.05.2003
EXT.P21 : TRUE COPY OF THE NOTE DR37/KFRI 96 DT 4.1.2002
EXT.P21(a) : TRUE COPY OF THE NOTE DR37/KFRI/96 DT 22.10.2002
EXT.P21(B) : TRUE COPY OF THE NOTE DR37/KFRI/96 DT 28.01.2003
EXT.P22 : TRUE COPY OF THE SUPREME COURT ORDER NO. SLP ) NO.7141/2002
DT 8.4.2002
RESPONDENTS EXHIBITS:NIL
TRUE COPY
P.A TO JUDGEA
jma
K. VINOD CHANDRAN, J
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W.P(C) No. 16717 of 2003
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Dated this the 25th day of January, 2016
J U D G M E N T
The petitioners were all helpers who were all appointed on contract basis in the first respondent Institute. All of the petitioners claim that they were first appointed as helpers on daily wages and continued for some time. Later, they were appointed on three year contract basis and agreement was executed similar to Ext.P3; between the petitioners and the respondent Institute. When the petitioners were terminated, they approached this Court.
2. The petitioners were obviously appointed under the contract employment and there could not have been any continuation indefinitely. The order of termination is produced at Exts.P7 to P12 and P20. These orders indicate that the petitioners were engaged as helpers and typists on contract basis for a period of three years. Their appointment was specifically to a project WPC.No.16717/2003 : 2 : and the salary and other allowances were to be met out of the project funds. The projects having been successfully completed there was absolutely no requirement of the petitioners to be continued. The petitioners were aware of the fact that that they were employed only on a contract basis and the petitioners cannot claim any continuance or regularization, since they were appointed only to projects, temporarily which have concluded.
In such circumstance, the writ petition is devoid of merit and the same is dismissed leaving the parties to suffer their respective costs.
Sd/-
(K. VINOD CHANDRAN, JUDGE)
jma //true copy//
P.A to Judge