IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 12206 of 2005(C) -------------------------- PETITIONER(S): --------------- 1. SUJATHA..T, AGED 44 YEARS, W/O. RAMACHANDRAN P.K., NALUTHENGINGAL, WARD NO.XI, NORTH ARYAD, ALAPPUZHA. 2. C.K.REVAMMA, AGED 40 YEARS, W/O. PONMANI T.G., VALIAPUNNAKKAL, KALAVOOR P.O., ALAPPUZHA. BY ADV. SRI.B.S.SIVAJI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, MINISTRY OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR FOAM MATTINGS (INDA) LIMITED, ALAPPUZHA-12. 3. P.S. SINDHU, SPOOLING WORKER, SPOOLING SECTION, FOAM MATTINGS (INDIA) LTD., ALAPPUZHA. 4. K. JANAKI, SPOOLING WORKER SPOOLING SECTION, FOAM MATTINGS (INDIA) LTD., ALAPPUZHA. 5. C.N. RENUKA, SPOOLING WORKER, SPOOLING SECTION, FOAM MATTINGS (INDIA) LTD. ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE FOR R2 SRI.RONY J.PALLATH FOR R2 G.P. SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12206/2005 APPENDIX PETITIONERS EXTS: EXT.P1:- COPY OF EXTRACT OF THE SENIORITY LIST APPROVED BY R2. EXT.P2:- COPY OF NOTICE DTD.12.12.2000 ISSUED BY R2 EXT.P3:- COPY OF PROCEEDING DTD.17.5.2002 ISSUED BY R2 EXT.P4:- COPY OF THE PROCEEDINGS NO.15016/E1/02/INDU DTD.28.10.2003 OF GOVT. OF KERALA EXT.P5:- COPY OF REPRESENTATION DTD.16.11.2003 SUBMITTED BY PETITIONER BEFORE R2. EXT.P6:- COPY OF REPRESENTATION DTD. 25.10.2004 SUBMITTED BY P2 BEFORE R2. RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.12206 of 2005 (C) --------------------------------- Dated, this the 10th day of June, 2010 J U D G M E N T The petitioners and the party respondents are temporary workers of the 2nd respondent. On 09/05/2000, the 2nd respondent passed a resolution to regularise the services of 10 more temporary spooling workers, who had worked temporarily up to 31/12/1995, strictly on the basis of seniority. 2. According to the petitioners, in implementation of the said resolution, a seniority list was prepared, a copy of which is Ext.P1. In the said seniority list, the petitioners are at serial Nos.7 & 9. By Ext.P2, the resolution was implemented. While, implementing the resolution regularising the temporary spooling workers, it is alleged that the seniority of the petitioners were overlooked and respondents 3 to 5, who were at Serial Nos.11, 12 & 13 of Ext.P1 list, were regularised in service. They objected to the regularisation of the aforesaid respondents. But the Company did not correct the mistake. They moved the Labour Officer, before WP(C) No.12206/2005 -2- whom the Company filed Ext.P3 stating that the petitioners will be regularised. However, nothing has been done by the Company and as a result thereof, the petitioners again moved the Government by making representations. This resulted in Ext.P4 order dated 28/10/2003, by which, the Government directed the Company to regularise seniors among the temporary spooling workers and allow the juniors to continue as such. Even thereafter, the Company did not take any action and Exts.P5 & P6 representations filed by the petitioners were also did not yield any result. It is in these circumstances, this writ petition has been filed praying for quashing Ext.P2 notice published by the Company regularising the services of respondents 3 to 5. 3. There is no counter affidavit filed by the Company in this writ petition. 4. The resolution of the Company dated 09/05/2000, a copy of which was made available by the learned counsel for the petitioners, shows that regularisation has to be strictly on the basis of seniority. Ext.P1 is the seniority list, where the petitioners are at serial Nos.7 & 9, whereas the respondents are at Serial Nos.11, 12 & WP(C) No.12206/2005 -3- 13 respectively. Therefore, the seniority has been overlooked and if so, such regularisation is against the Company's own resolution. The Government also had issued Ext.P4 directing regularisation of seniors and permitting juniors to continue as such. Even thereafter the Company has not corrected itself. In such circumstances, the petitioners are entitled to succeed. This writ petition is, therefore, disposed of directing the Company to take steps for reviewing the order regularising the services of temporary spooling workers, regularising those temporary workers included in Ext.P1 seniority list strictly on the basis of seniority, as resolved by the Company in its 120th meeting of the Board of Directors held on 09/05/2000. This the Company shall do as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg