IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 374 of 2008(T) ------------------------ PETITIONER: ------------ JAYACHANDRAN.P., (MILK RECORDER), KLD BOARD, THALAYAZHAM UNIT, S/O.PURUSHOTHAMAN NAIR, PAYIKKAD HOUSE, THALAYAZHAM P.O., VAIKOM, DIST. KOTTAYAM. BY ADV. SRI.K.REGHU KOTTAPPURAM SRI.M.MUKESH RESPONDENTS: ------------- 1. THE ASSISTANT MANAGER (A.H), PROGENCY TESTING UNIT, KERALA LIVE STOCK DEVELOPMENT BOARD LTD., VAIKOM, DIST.KOTTAYAM. 2. KERALA LIVE STOCK DEVELOPMENT BOARD LTD REPRESENTED BY IT'S MANAGING DIRECTOR, MANI BHAVAN SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. SECRETARY TO GOVT., AGRICULTURE (AHG) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.MILLU DANDAPANI (SC FOR R1 & R2), GOVERNMENT PLEADER SHRI BEJOY CHANDRAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ----------- W.P.(C)No.374 OF 2008 ----------------------------- DATED THIS THE 11TH DAY OF MARCH, 2008 J U D G M E N T The petitioner submits that he has been working as milk recorder on contract basis since 1.4.2001 under the Kerala Live Stock developments Board, Kottayam District. He submits that as a matter of fact there is employer-employee relationship between him and the 2nd respondent. Exhibit P5 order passed by the Board in 1998 refers to sanction accorded by the Government to reserve 25% of the vacancies of unskilled workers/permanent labourers in the Farms of the KLD Board for appointment from among the milk recorders engaged on piecemeal contract. The sanction accorded by the Government in this regard in Exhibit P5 is under G.O.(MS) 149/96/AD dated 22.3.1996, Exhibit R2. The Government directed reservation of 25% of the vacancies of unskilled workers/permanent labourers, but subject to the conditions mentioned therein, one of them being that the persons concerned must be having a minimum of 10 years of service before absorption. Clause (5) of the order makes it clear that the sanction by the Government was apparently a one time measure and the Board was also directed not to engage any milk recorder in the W.P.(C)No.374/08 2 resultant vacancy or otherwise. 2. One of the reliefs sought for by the petitioner is for a direction to the respondents to prepare a list of milk recorders as indicated in Exhibit P5 and to regularise the petitioner in accordance with seniority against 25% of the vacancies of unskilled workers/permanent labolurers. It is on the basis of Exhibit R2 that Exhibit P5 order was passed. Exhibit R2 Government Order will not comprehend the petitioner and therefore the said relief as sought for cannot be granted. 3. Shri Raghu Kottappuram, the learned counsel for the petitioner submits that the petitioner actually has an employer-employee relationship with the Board and contract labour system was essentially a camouflage. Smt.Sumathi Dandapani learned Senior Counsel appearing on behalf of the respondent submits that there was no contract labour system and the petitioner was not engaged as such by the Board. Counsel for the petitioner refers to the judgment of the Hon'ble Supreme Court in A.P.SRTC and others v. G.Srinivas Reddy and others (2006 (3) SCC 674). The Supreme Court held in the said case that it is not proper for the High Court to direct absorption of respondents who were held to be contract labour, by assuming that the contract labour system was only a camouflage and that there was employer-employee relationship between the appellant and respondents in that case. In other W.P.(C)No.374/08 3 words, even assuming that the contract labour system was being adopted by the first respondent, (which is not being admitted by the respondent) the remedy of the petitioner is to approach the appropriate forum and not to seek a writ of mandamus before the High Court as such. Subject to the said right, if any, of the petitioner to move the appropriate forum under the Industrial Disputes Act, if so advised and if available, the writ petition is disposed of. V.GIRI, JUDGE. dsn