IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 17TH SEPTEMBER 2007 / 26TH BHADRA 1929 WP(C).No. 39588 of 2003(K) -------------------------- PETITIONER: -------------- THOMAS K.J., CASUAL WORKER, PACKING SECTION, HINDUSTAN LATEX LIMITED (A GOVERNMENT OF INDIA UNDERTAKING), NIRODH FACTORY, PEROORKADA, THIRUVANANTHAPURAM-5. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: ----------------- 1. HINDUSTAN LATEX LIMITED, REPRESENTED BY ITS SECRETARY, HINDUSTAN LATEX LTD. THIRUVANANTHAPURAM. 2. THE CHAIRMAN AND MANAGING DIRECTOR, HINDUSTAN LATEX LTD., THIRUVANANTHAPURAM. BY ADV. SRI.U.K.RAMAKRISHNAN SMT.P.VIJAYAMMA SRI.V.KRISHNA MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.39588/2003 :2: APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF CERTIFICATE IN FAVOUR OF THE PEITITIONE. EXT.P2: COPY OF CERTIFICATE DATED 14.05.1991 IN FAVOUR OF THE PETITIONER FROM GENERAL ENGINEERING WORKS, ALAPPY. EXT.P3: COPY OF OFFICE MEMORANDUM DATED 25.5.1998 ISSUED FROM HINDUSTAN LATEX LTD. EXT.P4: COPY OF CIRCULAR DATED 8.10.1996. EXT.P5: COPY OF CERTIFICATE DATED 1.6.2001. EXT.P6: COPY OF CERTIFICATE DATED 12.8.1994. EXT.P7: COPY OF A REPRESENTATION DATED 24.4.2001 BEFORE THE CHAIR AND MANAGING DIRECTOR OF HINDUSTAN LATEX LTD. EXT.P8: COPY OF REPRESENTATION DATED 13.05.2002 BEFORE THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM. EXT.P9: COPY OF JUDGMENT IN O.P..No.13180/2003 DATED 9.6.2003. EXT.P10: COPY OF OFFICE MEMO CONCERNING RECRUITMENT OF CAUSAL WORKERS, DATED 19.2.1987 CONCERNING. EXT.P11: COPY OF THE OFFICE MEMO DATED 11.12.1987 CONCERNING D.MOHANAN. EXT.P12: COPY OF THE ORDER DATED 15.7.1991 OF THE GENERAL MANAGER, HINDUSTAN LATEX LIMITED. EXT.P13: COPY OF EMPLOYMENT CARD DATED 29/10/94. EXT.P14: COPY OF REPRESENTATION DATED 9.3.2005 FROM THE PETITIONER TO MANAGING DIRECTOR, HINDUSTAN LATEX LIMITED. EXT.P15: COPY OF THE STATEMENT OF THE UNION OF WORKERS DATED 27.05.2005. W.P.(C).No.39588/2003 :3: RESPONDENTS EXHIBITS: ANNEXURE.R1(a): COPY OF THE ORDER ENGAGING THE PETITIONER AS WORKER TRAINEE DT.14.3.95. ANNEXURE.R1(b): COPY OPF THE JUDGMENT IN C.C.C.No.342/1997. ANNEXURE.R1(c): COPY OF THE CONCILIATION SETTLEMENT DATED 23.7.2001. EXT.R1(d): COPY OF THE SETTLEMENT DATED 22.9.2004. EXT.R1(e): COPY OF THE RECEIPT SIGNED BY THE PETITIONER. EXT.R1(f): COPY OF THE ENGAGEMNET ORDER DATED 22.9.2004. EXT.R1(g): COPY OF THE SETTLEMENT DATED 6.7.2006 ENTERED INTO BETWEEN THE FIRST RESPONDENT AND THE HINDUSTAN LATEX CASUAL WORKERS UNION. EXT.R1(h): COPY OF THE APPOINTMENT ORDER DATED 7.7.2006 ISSUED TO THE PETITIONER IN TERMS OF EXT.R1(g) SETTLEMENT DATED 6.7.2006. EXT.R1(i): COPY OF THE ORDER DATED 10.7.2006. TRUE COPY P.A.TO JUDGE THOTTATHIL B.RADHAKRISHNAN,J ======================= W.P.(C).No.39588 of 2003 ======================= Dated this the 17th day of September, 2007 JUDGMENT The additional counter affidavit dated 30.08.2007 filed by the Company Secretary and ED(CAS) of the first respondent is recorded and the document produced there with are taken on record. In view of the facts disclosed by the said additional counter affidavit and the document including Exts.R1(h) and R1 (i) appointment orders issued to the petitioner, this writ petition is closed. THOTTATHIL B.RADHAKRISHNAN, JUDGE dvs