Kerala High Court
Dated This The 23 Rd Day Of May vs Umadevi And Others : 2006 (4) Scc Page 1. ... on 12 December, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 23RD DAY OF MAY 2018 / 2ND JYAISHTA, 1940
WP(C).No. 12395 of 2018-Y
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PETITIONERS
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1 NASER.P
AGED 42 YEARS,
S/O.NALLAKOYA,
RESIDING AT PUTHIYATH HOUSE,
ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP, PIN: 682 251
WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT.
2 ASIF.T.M.
AGED 42 YEARS, S/O.SEEDI MUDAMPURA,
RESIDING AT THACHERI MOOSATHADA HOUSE, ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682 251
WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT.
3 ATTAKOYA T.V.
AGED 48 YEARS, S/O.KOYATHANGAL,
RESIDING AT THAILATH HOUSE, ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682 551
WORKING AS CASUAL LABOUR UNDER THE AGRICUTURE DEPARTMENT
4 MUJEEB RAHMAN K.C
AGED 41 YEARS, S/O.KOYA,
RESIDING AT KARACHETTA HOUSE, ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682515
WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT.
5 HASSAN .K
AGED 42 YEARS, S/O.JAMAL AYILATHARA,
RESIDING AT KATHIYAMMADA HOUSE, ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682551
WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT.
6 NAUFAL.T
AGED 48 YEARS, S/O.KOYAMMAKOYA,
RESIDING AT THACHERI HOUSE, ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682 551
WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT.
7 KOYA.T, AGED 47 YEARS,
S/O.SYED MOHAMMED, RESIDING AT THACHERY HOUSE,
ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682 551
WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT.
WPC 12395/18
8 POOKOYA M.P.
AGED 46 YEARS, S/O.KOYAMMAKOYA LAVANAL,
RESIDING AT MAYAMPOKKADA HOUSE, ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682 551
WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT.
9 MOHAMMED RAFEEQ.B
AGED 46 YEARS, S/O.SYED MOHAMMED,
RESIDING AT BALUTHATH HOUSE, ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682 551
WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT.
10 JALALUDEEN P.P
AGED 41 YEARS, S/O.KUNJUSEEDI,
RESIDING AT PALATH PUTHIYAPURA HOUSE,
ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682 551
WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT.
11 MOHAMMED.B
AGED 47 YEARS, S/O.SHABAN,
RESIDING AT BIRIYAMMADA HOUSE, ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682 551
WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE
DEPARTMENT.
12 SAYED KOYA.A
AGED 47 YEARS, S/O.KOYAKKIVA,
RESIDING AT ALIYATHARA HOUSE, ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682 551
WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT.
13 MOHAMMED BASHEER.A
AGED 46 YEARS, S/O.YAKOOB,
RESIDING AT MAKKET HOUSE, ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682 551
WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT.
14 ABDUL NASSAR
AGED 46 YEARS, S/O.NALLAKOYA,
PUNNASHADA HOUSE, ANDROTH ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682 551
WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT.
BY ADVS.SRI.P.P.BIJU
SRI.ANISH PAUL
SMT.M.B.SHYNI
RESPONDENTS:
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1. THE ADMINISTRATOR, UNION TERRITORY OF LAKSHAWEEP
KAVARATTY ISLAND, PIN: 682 555.
WPC 12395/18
2. THE DIRECTOR OF PANCHAYATS,
DEPARTMENT OF PANCHAYATS,
ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP,
KAVARATTY ISLAND, PIN: 682 555.
3. THE DIRECTOR
AGRICULTURE DEPARTMENT,
UNION TERRITORY OF LAKSHADWEEP,
KAVARATTY ISLAND, PIN: 682 555.
4. THE AGRICULTURAL OFFICER
DEPARTMENT OF AGRICULTURE, ANDROTH,
UNION TERRITORY OF LAKSHADWEEP, PIN: 682 557.
5. ANDROTH VILLAGE (DWEEP) PANCHAYATH
ANDROTH ISLAND, REPRESENTED BY ITS EXECUTIVE OFFICER,
UT OF LAKSHADWEEP - 682 557.
R1-R5 BY ADV. SRI.MANU.S, CGC, ADMINISTRATION OF THE UNION TERRITORY OF
LAKSHADWEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-05-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RKC
WP(C).No. 12395 of 2018 (Y)
APPENDIX
PETITIONERS' EXHIBITS
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EXHIBIT P1 TRUE COPIES OF THE CERTIFICATES DATED 12/12/2013
ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER
NOS 1 TO 12 AND 14
EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 26/11/2015 IN OP(CAT)
NO.2301/2011 OF THIS HON'BLE COURT
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 3/4/2018
SUBMITTED BY THE PETITIONERS BEFORE THE 2ND
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 3/4/2018
SUBMITTED BY THE PETITIONERS BEFORE THE 3RD
RESPONDENT
RKC
TRUE COPY
PA TO JUDGE
P.V.ASHA, J.
W.P.(C) No.12395 of 2018
Dated this the 23 rd day of May, 2018
JUDGMENT
The petitioners claim that they have been working as casual labourers on daily wages since the year 2000 onwards under the 4 th respondent. Their case is that they were being engaged continuously with a break in between 89 days right from 2000 till the year 2013 and they are entitled to get regularised. It is pointed out that when they were denied employment they had approached the CAT filing O.A.No.181/52/2014 and they continued on the basis of interim orders. Petitioners claim that similarly situated persons have already been regularised on the basis of the directions issued by this Court in Ext.P2 judgment and that they are entitled to the benefits of regularization in the event of consideration of their case in tune with paragraph 53 of the judgment in State of Karnataka and others vs. Umadevi and others : 2006 (4) SCC page 1. Pointing out this petitioners have submitted Exts.P3 and P4 representations.
2. I heard the learned counsel for the petitioners as well as the learned Standing Counsel.
3. The learned Standing Counsel submits that Ext.P4 representation would be considered by the 3 rd respondent within a period of three months. Therefore the writ petition is disposed of W.P.(C) No.12395/18 :2: directing the 3rd respondent to consider and pass orders on Ext.P4 representation taking note of the judgment referred to by the petitioners and orders if any issued regularising similarly situated persons in the light of the said judgment. Orders shall be passed within a period of three months from the date of receipt of a copy of the judgment.
Petitioners also claim that they are entitled to be engaged as skilled labourers. The claim raised in this respect also shall be considered by the 3rd respondent.
Sd/-
P.V.ASHA JUDGE rkc