IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 13870 of 2010(G) ---------------------------------------- PETITIONER(S): ------------------------ 1. SMT.AMARAVATHI K.V., D/O.VASU, CASUAL LABOURER/FARM ASSISTANT,UNIVERSITY LIVESTOCK FARM,KERALA AGRICULTURAL UNIVERSITY, P.O.,MANNUTHY, THRISSUR DISTRICT. (C/O.K.A.U.LIVESTOCK AND FODDER CONTRACT LABOURERS, AISWARYA SWARSRAYA SANGHAM,REG.NO.624/09,COLLEGE CAMPUS,MANNUTHY, TRICHUR,PIN-680 651. 2. SMT.RUGMINI K.P. ALIAS SUSHEELA, D/O.PARAN, DO. DO. DO. 3. SMT.ANANDAVALLY V.B., ALIAS ANITHA, D/O.BALAN, DO. DO. DO. 4. SMT.SUNITHA K.V., D/O.BALAN, DO. DO. DO. 5. SMT.VASANTHI N.S., D/O.SUBRAN, DO. DO. DO. 6. SMT.LISY K.A., D/O.ANTHONY, DO. DO. DO. 7. SMT.TRISA T.P., D/O.PAULOSE, DO. DO. DO. 8. SMT.SALY P.P., D/O.PAULOSE, DO. DO. DO. 9. SMT.SUNDARI P.V., D/O.VELAYUDHAN, DO. DO. DO. 10. SMT.INDIRA C.S., D/O.SANKARAN, DO. DO. DO. 11. SMT.SARASWATHI K.V., D/O.SANKARAN, DO. DO. DO. 12. SMT.SATHI C.K., D/O.KESAVAN, DO. DO. DO. 13. SMT.MARIYAM V.V. ALIAS THANKAMMA, DO. DO. DO. 14. SMT.RABY P.S., D/O.SAITHALI, DO. DO. DO. 15. SRI.VASU P.R., S/O.RAGHAVAN, DO. DO. DO. Kss ..2/- ..2.... WPC.NO.13870/2010 G 16. SRI.SUKUMARAN K.R., S/O.RAMAN, DO. DO. DO. 17. SMT.RADHAMANI M.R., D/O.RAGHAVAN, DO. DO. DO. 18. SMT.KAUSALYA P.V., DO. DO. DO. 19. SRI.SUBRAMANYAN P.K., S/O.KORAN, DO. DO. DO. 20. SMT.INDIRA P.K., D/O.KUMARAN, DO. DO. DO. 21. SMT.SINDHU P.V., D/O.VELAYUDHAN, DO. DO. DO. 22. SRI.RAJAN K.C., S/O.CHINNAKKANNAN, DO. DO. DO. 23. SRI.KUTTAN K.C., S/O.CHAMY, DO. DO. DO. 24. SRI.BABY K.C., S/O.CHAMY, DO. DO. DO. 25. SMT.AMMU M.K., D/O.KUNHIVELU, DO. DO. DO. 26. SMT.INDIRA K., D/O.MANI NAYAR, DO. DO. DO. 27. SMT.SHAJI P.J., D/O.JOHNY, DO. DO. DO. 28. SMT.SARASWATHI V.K., DO. DO. DO. 29. SMT.SAJITHA S.P., D/O.PONNUKUTTAN, DO. DO. DO. 30. SMT.JIJI M.V., D/O.VARGHESE, DO. DO. DO. 31. SMT.JANCY V.P., DO. DO. DO. DO. 32. SMT.GEETHA P.R., D/O.RAGHAVAN, DO. DO. DO. 33. SMT.SINDHU V.L., D/O.LOHITHAKSHAN, DO. DO. DO. 34. SMT.RAMANI K.A., D/O.AYYAPPAN, DO. DO. DO. 35. SMT.SARASWATHI P.G., D/O.GANGADHARAN, DO. DO. DO. 36. SMT.BINDHU T.C., D/O.CHANDRAN, DO. DO. DO. Kss ..3/- ...3..... WPC.NO.13870/2010 G 37. SRI.UNNIKRISHNAN P.V., S/O.VELAYUDHAN, DO. DO. DO. 38. SRI.PAULOSE P.P., S/O.PATHROSE, DO. DO. DO. BY ADV. SRI.SARVOTHAMAN RESPONDENT(S): --------------------------- 1. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, VELANIKKARA, THRISSUR DISTRICT, PIN-680 656. 2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELANIKKARA, THRISSUR DISTRICT, PIN-680 656. 3. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELANIKKARA, THRISSUR DISTRICT, PIN-680 656. 4. EXECUTIVE COMMITTEE, KERALA AGRICULTURAL UNIVERSITY, CHAIRED AND REPRESENTED BY THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR DISTRICT. 5. PROFESSOR AND HEAD, UNIVERSITY LIVESTOCK FARM, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY P.O., THRISSUR DISTRICT. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF AGRICULTURE & FARMS (LIVESTOCK), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R5 BY ADV. SRI.K.P.MUJEEB, SC, KERALA AGRICULTURAL UTY. R6 BY GOVERNMENT PLEADER SRI. DILIP MOHAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010 ALONG WITH WPC NO. 18640 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) Nos. 13870 & 18640 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of July, 2010 J U D G M E N T The petitioners who are Farm Labourers working under the University Livestock Farms and Fodder Research and Development Scheme Unit of the Kerala Agricultural University, Mannuthy filed these writ petitions mainly seeking for the issuance of a writ of mandamus commanding the respondents to absorb them in its service with retrospective effect in the light of para 53 of the decision of the Honourable Apex Court reported in Umadevi (3)' s case (2006)4 SCC I. The contention of the petitioners is that they are working under the University on daily wage basis. But according to the University the petitioners are workers of a contractor and therefore, they are not entitled to the benefit under the aforesaid decision. That apart, considering the admitted status of the petitioners as daily rated employees, I am of the view that the petitioners cannot seek the benefit of para 53 of Umadevi (3)' s case (2006)4 SCC I). The said position was clarified by the Apex Court in Satya Prakash and Others vs. State of Bihar and Others (2010(4)SCC 179). In the aforesaid decision, the Honourable Apex Court held that the WPC.Nos.13870&18640/2010 : 2 : one-time relaxation in para 53 was granted only in favour of irregularly appointed employees and further that the case of daily wage employees have been dealt with in paras 55 of Umadevi(3). It was held therein that in the case of daily rated employees the only benefit granted under the said decision is to permit them to compete in recruitment process by giving them age relaxation and due weightage. Therefore, I am of the view that the petitioners are not entitled to claim the benefit of para 53 of Umadevi(3) decision. But, at the same time the entitlement of the petitioners to the benefits under para 55 of the aforesaid decision in the light of the decision of the apex court reported in Satya Prakash and Others vs. State of Bihar and Others (2010(4)SCC 179) has to be looked into by the respondents. 2. The learned counsel appearing for the petitioners submits that while considering the said question the respondents are bound to consider the decisions of this court reported in Payyannoor Education Society vs. Narayani (1995(1)KLT 621), Trivandrum Port and Head Load Workers Co-operative Society Ltd. Vs. Dhaneshkumar (2000(3) KLT 10) and B. Dasan Vs. State of Kerala & Others(ILR 1990(1) Kerala 55). According to the learned counsel the said decisions are relevant in the context of the WPC.Nos.13870&18640/2010 : 3 : contentions of the respondents that the petitioners are workers of a contractor. In the said circumstances, these writ petitions are disposed of with a direction to the first respondent to consider the claims of the petitioners for getting the benefit of para 55 of the decision reported in State of Karnataka vs. Umadevi (2006(4)SCC I) in the light of Satya Prakash and Others vs. State of Bihar and Others (2010(4)SCC 179). While taking such a decision, the respondents shall also look into the decisions reported in Payyannoor Education Society vs. Narayani(1995(1)KLT 621), Trivandrum Port and Head Load Workers Co-operative Society Ltd. Vs. Dhaneshkumar(2000(3) KLT 10) and B. Dasan Vs. State of Kerala & Others(ILR 1990(1) Kerala 55). Appropriate orders based on such consideration shall be passed by the first respondent within a period of one month from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge