IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 34883 of 2005(C) -------------------------- PETITIONER(S): --------------- 1. M.A. ABDUL AZIZ, UPPER DIVISION CLERK (HIGHER GRADE), OFFICE OF THE REGIONAL LABOUR COMMISSIONER, COLLECTORATE, KAKKANAD, ERNAKULAM. 2. P.K. REMESH, UPPER DIVISION CLERK (HIGHER GRADE), OFFICE OF THE INDUSTRIAL TRIBUNAL, QUILON. BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM SRI.N.K.KARNIS SRI.BOBBYMATHEW KOOTHATTUKULAM SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE LABOUR DEPARTMENT, THIRUVANANTHAPURAM. 2. LABOUR COMMISSIONER, OFFICE OF THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 4. V.K. UNNIKRISHNAN (ASST. LABOUR OFFICER GRADEI), INSPECTOR OF PLANTATIONS, MUNNAR. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R3 GOVERNMENT PLEADER FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the special rules of Kerala Labour Subordinate Service published in the Gazette dated 2.9.1991. Ext.P2. True copy of the judgment in O.P.No.3915/1991. Ext.P3. True copy of the Prly. seniority list published by the 2nd respondent. Ext.P4. True copy of the objection to Ext.P3 submitted by Smt. M.N. Vanajakshi Ext.P5. True copy of the judgment in O.P.No.35204/03 Ext.P6. True copy of the order of the Ist respondent. Ext.P7. True copy of the Order of the Government of Kerala dated 2.8.2003. Ext.P8. True copy of the order of the 2nd respondent. Ext.P9. True copy of the relevant extraction of the notification of the 3rd respondent. Ext.P10. True copy of the provisional gradation list of ALO II published by the 2nd respondent. Ext.P11. True copy of the objections submitted by Smt. M.N. Vijayalakshmi to Ext.P10. Ext.P12. True copy of the relevant part of the gradation list of the UDC of the Labour department as on 1.1.2002 issued by the 2nd respondent. Ext.P13. True copy of the representation submitted by the Kerala Labour Dept. Staff Union, Trivandrum before the Ist respondent. // true copy // P.S to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.34883 OF 2005 (C) -------------------------------------------------- Dated this the 11th day of June, 2010 J U D G M E N T Petitioners are Upper Division Clerks in the Labour Department. They claimed appointment to the post of Assistant Labour Officer Grd.II. Contention raised is that the existing vacancies should be filled up applying the ratio of 3:1. 2. On the other hand from the counter affidavit filed by the respondents it is seen that for the post of Assistant Labour Officer Grd.II, method of appointment prescribed in the Rule is as follows; “(i) By transfer of the qualified persons from the senior most UD Clerk in the Labour Department who opted in writing for the post prior to the date of occurrence of vacancies and (ii) By direct recruitment. “ 3. It is further stated that the ratio of appointment between by-transfer category and Direct Recruits, is fixed as 3:1 and in the Government Order G.O(P).No.57/92/P&ARD dated 5.12.1992 it has been stipulated that the post has to be filled up applying the ratio among different methods of recruitment to the cadre strength of the post. This also finds a place in Note.3 to Rule 5 of the General WPC.No.34883 /05 :2 : Rules. It is stated that on this basis, the ratio is applied to the cadre strength and on that basis, the vacancy is also filled up. Respondents are also relying on the judgment of this court in W.A. No.1000/2004, where this method of applying the ratio of the cadre strength is upheld by this court. 4. Evidently therefore the ratio prescribed in the Special Rule has been implemented by the respondents on the cadre strengths, which is in terms of the statutory provisions. If so, the petitioner cannot object to the method adopted by respondents for filling up the post of Assistant Labour Officer Grd.II. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/