IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WA.No. 627 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.28836/2005 Dated 16/11/2007 .................... APPELLANT: PETITIONER: ---------------------------------------- KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY K.S.E.BOARD, VYDYUTHI BHAVANAM,. PATTOM,THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. THE GENERAL SECRETARY, KERALA STATE ELECTRICITY BOARD PETTY CONTRACTORS AND CONTRACT LINE WORKERS UNION,NANTHANCODE, THIRUVANANTHAPURAM. 2. THE GENERAL SECRETARY, KERALA STATE ELECTRICITY BOARD CONTRACT WORKERS CENTRE (CITU) BTR MEMORIAL BUILDING, MLE THAMPANOOR. 3. THE GENERAL SECRETARY, KERALA STATE ELECTRICITY BOARD CONTRACT WORKERS UNION (INTUC) ANGLES,ARAMOOLA, THIRUVANANTHAPURAM -32 4. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION ( A) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER ( A) DEPARTMENT GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM. 6. INDUSTRIAL TIRBUNAL, PALAKKAD. BY GOVERNMENT PLEADER SMT. K.MEERA - R4 TO 6 ADV. SRI.S.RAMESH BABU FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- W.A.NO.627 OF 2008 ---------------------------------------------------- Dated this the 10th day of July, 2008. JUDGMENT Koshy, J: The Electricity Board herein challenges Ext.P1 award of the Industrial Tribunal, Palakkad, under which certain directions have been issued to the Board, concerning regularisation of petty contract workers and contract line workers. The reference order reads as follows: "Whether the demand for regularisation of the services of petty contract workers and contract line workers by KSEB is justifiable? If so what relief they are entitled to?" It has come out in evidence that even though they are named as petty contract workers, they are doing regular work of Electricity Board workers. They do the regular work normally discharged by the electricity workers of the concerned officers. The Tribunal found that existence of a petty contractor as an intermediary is only a sham and pretense. This is not a case where the casual workers were ordered to be regularised by the High W.A.No.627/08 . 2 Court. Here adjudication power of the Tribunal is wider than the court in such matters. The Tribunal ordered that the petty contractors, who are doing the same work of regular workers continuously for more than 1200 days during the five years of the premises of the Board should be regularised. It is true that there were settlement with the petty contractors union and the appellant Board regarding their piece rate income. That settlement is also a conciliation settlement under the Industrial Dispute Act which shows that they are workers as defined under the Industrial Dispute Act. The Tribunal considered the matter in detail and passed the award. The learned Single Judge for valid reasons upheld the award. We fully agree with the reasons given by the learned Single Judge and the appeal is dismissed. With regard to the observation in the impugned judgment that regularisation will be done only from Exts.W23 and W24 series lists, it is contended that equal treatment should be given to all persons who had service for more than 1200 days and members of one union who submitted the list before the Tribunal alone can be absorbed. It is submitted by some of the unions that they are challenging that part of the judgment seriously. In any event paragraph 48 of the award does not state that regularisation should be done from Exts.W23 and W24 series W.A.No.627/08 . 3 lists only. Award of the Tribunal is not liable to be set aside on any of the grounds urged by the appellant. The writ appeal is disposed of accordingly. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl