IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 OP.No. 31630 of 2000(M) ---------------------------------- PETITIONERS: ------------------- 1. P.K.SIVAN, S/O. KUNHAMBU, PUTHEN VEEDU, SOUTH MALAMPUZHA, PALAKKAD DITRICTI. 2. K.MURUKESAN, S/O. AYYASWAMI, KOLAPURATH HOUSE, SOUTH MALAMPUZHA PALAKKAD DISTRICT. 3. R.SURESH KUMAR, S/O. RAMAKRISHNAN, KOLAPURATH HOUSE, KADUKKAMKUNNU, PALAKKAD DISTRICT. 4. K.MANIKANDAN, S/O. KUNHAMBU, PUTHEN VEEDU , SOUTH MALAMPUZHA , PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SMT.ROHINI V.MENON RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE PALAKKAD MUNICIPALITY, REP.BY ITS SECRETARY, PALAKKAD. GOVERNMENT PLEADERSRI.BENJAMIN PAUL BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/03/2008, ALONG WITH OP NO. 15246 OF 2001 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.31630/2000 ORDER ON CMP. NO.11977/2001 IN OP. NO.31630/2000 DISMISSED 07.03.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE JUDGMENT DT. 3.8.93 OF THIS HONOURABLE COURT IN OP. NO.6949/92. EXT.P2:-COPY OF THE JUDGMENT DT. 28.3.94 OF THIS HONOURABLE COURT IN W.A. 1602/93. EXT.P3:- COPY OF THE MEMO P.H.I. 928/96 DT. 21.5.96 ISSUED BY THE 3RD RESPONDENT. EXT.P4:- COPY OF THE JUDGMENT DT. 12.1.2000 OF THIS HONOURABLE COURT IN OP. NO.20076/98. EXT.P5:- COPY OF THE G.O.(MS) 232/2000/LAD DT. 7.8.2000. EXT.P6:- COPY OF THE REPRESENTATION DT. 28.8.2000 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 3RD RESPONDENT EXT.P6(a):- COPY OF THE POSTAL ACKNOWLEDGEMENT CARD RETURNED FROM THE 3RD RESPONDENT EXT.P7:- COPY OF THE REPRESENTATION DT. 15.9.2000 PREFERRED BY THE 4TH PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P7(a):- COPY OF THE POSTAL ACKNOWLEDGEMENT CARD RETURNED FROM THE 3RD RESPONDENT. EXT.P8:- COPY OF THE G.O.NO.21273/A3/97/LAD DT. 9.8.2000 ISSUED BY THE IST RESPONDENT. EXT.P9:- COPY OF THE NOTICE DT. 9.1.01 ISSUED BY THE 3RD RESPONDENT. EXT.P10:- COPY OF THE OBJECTION /LAWYERS NOTICE DT. 7.2.01 SENT AT THE INSTANCE OF THE PETITIONERS. EXT.P10(a):- COPY OF THE POSTAL ACKNOWLEDGEMENT CARD RETURNED FROM THE 3RD RESPONDENT. EXT.P11:- COPY OF THE NOTICE NO.PH 1 8767/2000 DT. NIL ISSUED BY THE 3RD RESPONDENT. EXT.P12:- COPY OF THE LETTER NO.56534/A3/96/LSGD DT. 3.1.01 OF THE IST RESPONDENT /GOVERNMENT ADDRESSED TO THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE KURIAN JOSEPH, J. --------------------------------------- O.P. Nos. 31630 OF 2000 & 15246 OF 2001 --------------------------------------- Dated this the 7th day of March, 2008. J U D G M E N T Petitioner approached this court with certain grievances regarding non inclusion of their names in the list of NMR/CLR workers by the Palakkad Municipality. According to the petitioners in view of the judgment of this court and also the orders passed by the Government, they are entitled to be included. According to the Municipality, in view of the temporary nature of the work for which the petitioners were engaged, they are not entitled to be included in the list of such workers. It is also submitted that in case petitioners have still any dispute regarding the stand taken in the counter affidavit filed by the Municipality and the Government, they may approach the 2nd respondent, Director of Municipality, in which case, the matter will be duly considered by the said authority, with notice to the petitioner, the Municipality and the affected parties, within a period of three months from the date of receipt of a copy of this judgment. The original petitions are disposed of as above. KURIAN JOSEPH, JUDGE. ps KURIAN JOSEPH, J. O.P. Nos. 31630 OF 2000 & 15246 OF 2001 J U D G M E N T 07.03.2008