IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 4750 of 2009(M) ------------------------------------- PETITIONERS: --------------------- 1. RADHA, AGED 42, W/O.LATE KARUPPAN RAJAN, BINDHU NIVAS, NEAR PANAVALLY VILLAGE OFFICE, PANAVALLY P.O., CHERTHALA. 2. VILASINI, AGED 43, W/O.MANI, MAROTTIKKAL PARAMBU, EDACOCHI. BY ADVS. MR.K.S.MADHUSOODANAN, MR.T.V.JAYAKUMAR NAMBOODIRI, MR.THUSHAR NIRMAL SARATHY, MR.M.M.VINOD KUMAR, SMT.K.M.RAMYA. RESPONDENTS: ------------------------ 1. SECRETARY, CORPORATION OF COCHIN, ERNAKULAM. 2. HEALTH OFFICER, CORPORATION OF COCHIN, ERNAKULAM. R1 & R2 BY ADV. SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATION. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 4750 of 2009 --------------------------------------------------- Dated this the 20th day of February, 2009 JUDGMENT The grievance raised by the petitioners is that the petitioners who are dependents of the badali workers of the Cochin Corporation are excluded from the consolidated list of badali/CLR, though many juniors to them were included. 2. The 1st petitioner's husband-Karuppan Rajan was a CLR/badali worker of Circle No.2. Similarly, the 2nd petitioner's father Thathi Kuttappan was a contingent worker in Circle No.2. They have been included as serial No.6 and 8 in the seniority list of CLR/badali till 22.4.1982. They commenced their service from 1979 onwards and they died while in service on 22.5.1999 and 31/3/2000 respectively. Ext.P1 is the copy of the seniority list produced by them. 3. The petitioners were allowed to work on daily wages from November 2000 onwards and they are included in the list of workers on daily wage basis as serial Nos.266 and 267 respectively. When the seniority list of CLR/badali was published on 15.1.2004, their names have been excluded. It is evidenced by Ext.P3. The first petitioner represented the matter to the Health Officer. In Ext.P4, the Health Officer has reported wpc:4750 of 2009 2 that she is the widow of Karuppan Rajan and is entitled for the benefit. Again, as no action was taken in the matter, the first petitioner gave another representation by Ext.P5. 4. The Secretary of the Corporation will have to consider the issue in the light of the various aspects pointed out by the petitioners. Therefore, there will be a direction to consider the Exts.P4 and P5 and take appropriate action in accordance with law and redress the grievance of the petitioners after hearing them. The case of both the petitioners will be considered in accordance with the materials available in support of their claim. The same shall be done within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps