IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 23507 of 2008(W) --------------------------------------- PETITIONER(S): ----------------------- 1. SURESH.K.G., CASUAL FARM LABOURER CENTRAL HATCHERY, CHENGANNUR R/AT.KANYAPARAMBIL, KUTHURIKKAL PO. 2. VALSALA .K.B., CASUAL FARM LABOURER CENTRAL HATCHERY, CHENGANNUR R/AT.PADMA VILAS, PANAVALLY PO., CHERTHALA 3. USHA.C., CASUAL FARM LABOURER, CENTRAL HATCHERY, CHENGANNUR R/AT.UMESH BHAVANAM VADAKKUNIKUNNATHIL, KOZHUVALLUR PO., CHENGANNUR. 4. MINI.V., CASUAL FARM LABOURER, CENTRAL HATCHERY, CHENGANNUR R/AT.VADAKKEUMIKKULAYIL, KAITHAVANA, SANTHANAPURAM, ALAPPUZHA. 5. REENA.S., CASUAL FARM LABOURER CENTRAL HATCHERY CHENGANNUR R/AT KOOPAKKIDATH KOTTAMURI THRIKKUNNAPUZHA, ALAPPUZHA. 6. SOMINI.T.G., CASUAL FARM LABOUTER CENTRAL HATCHERY, CHENGANNUR, R/AT.THONISSERY, PARAKKAL, KARAKKAD PO., CHENGANNUR 7. GEORGEKUTTY.S., CASUAL FARM LABOURER, DO.DO., RESIDING AT PATHINALUPARAMBIL PAVUKKARA, MANNAR PO., CHENGANNUR 8. GEETHA.S., CASUAL LABOURER, DO.DO. RESIDING AT PUTHUSSERY VADAKKATTIL KAITHA SOUTH, CHETTIKULANGARA PO., MAVELIKARA. 9. SUJATHA.M.T., CASUAL LABAOURER, DO.DO., R/AT MANNARATHARA COLONY VANAMAGHY PANDANAD PO., CHENGANNUR. BY ADV. SRI.PKM.HASSAN SRI.J.JULIAN XAVIER W.P.(C) NO.23507/2008 RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY AGRL.(AHF) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF ANIMAL HUSBANDRY, THIRUVANANTHAPURAM. 3. PRODUCTION MANAGER CENTRAL HATCHERY, CHENGANNUR GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009, ALONG WITH WPC NO. 26072 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23507/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PROCEEDINGS DT. 31.8.07 ISSUED BY THE 3RD RESPONDENT. P1(a):- COPY OF THE ORDER DT. 1.10.07 ISSUED BY THE 3RD RESPONDENT. P1(b):- COPY OF THE ORDER DT. 14.2.08. P2:- COPY OF THE G.O.(RT) NO.889 DT. 27.6.60. P3:- COPY OF THE LABOUR STRENGTH OF THE FARMS IN THE STATE OF KERALA AS ON 31.5.06 ISSUED BY THE INFORMATION OFFICER. P4:- COPY OF THE JUDGMENT DT. 3.3.2008 IN WPC. NO.6247/08. P5:- COPY OF THE ORDER DT. 7.7.08. P6:- COPY OF THE DETAILS REGARDING THE OTHER 10 WORKERS APPOINTED BY THE 3RD RESPONDENT ON DAILY WGES. P7:- COPY OF THE REPRESENTATION DT. 26.7.08 FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. P7(a):- COPY OF THE POSTAL RECEIPT. P8:- COPY OF THE LETTER DT. 30.6.07 OF THE 2ND RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 23507 & 26072 of 2008 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2009. JUDGMENT The petitioners were engaged as casual labourers for a period of 179 days. The engagement was through the Employment Exchange. Ext.P1 produced in Writ Petition No.26072/2008 shows that the engagement of the petitioners were preceded by interview of candidates sponsored through District Employment Exchange. The period of engagement is specified as 179 days. It is further stipulated that they will not be entitled for any other benefits and the appointing authority will be competent to remove them from service at any time. 2. The petitioners have filed these writ petitions contending that going by Ext.P2 Govt. Order dated 27.6.1960 they are liable to be absorbed as permanent labourers. It is further pointed out that even though they represented the matter, the relief that was sought for, was not given to them by treating them as permanent labourers. 3. The engagement that is given to the petitioners, going by the averments in the statement filed by the first respondent in Writ Petition No.23507/2008, is only as casual labourers on daily wages and the said said WPC 23507 & 26072/2008 2 appointment does not confer any right on them for permanency. It is also stated that the requirement of the labourers in the organisation is below one third of the sanctioned strength, even though in Central Hatchery, Chengannur and allied institutions, there were 76 sanctioned posts of permanent labourers. In fact, some of the petitioners had approached this court earlier in Writ Petition No.6247/2008 and pursuant to the directions issued by this court, the Government examined the matter and rejected their request for regularisation as per Annexure R1(b). A reading of Annexure R1(b) shows that the Government was of the view that the appointment was only under Rule 9(a)(i) of Part II, K.S. & S.S.R. and the request for regularisation cannot be accepted. 4. Going by the terms of appointment, the petitioners were engaged only for a period of 179 days. Even if the engagement was continued thereafter, it cannot confer any right on the labourers to get permanency. The appointment is purely temporary under Rule 9(a)(i) of the Rules. Therefore, the declaration sought for in the writ petitions to allow them to be regularised in service cannot be granted. Therefore, the writ petitions are dismissed. It is made clear that if there is any additional work in the establishment and if there is any WPC 23507 & 26072/2008 3 necessity to engage other casual workers, the petitioners also will be considered. (T.R. Ramachandran Nair, Judge.) kav/