IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WA.No. 901 of 2011() -------------------- AGAINST THE JUDGEMENT IN WPC.14645/2011 DT.31.5.2011 .................... APPELLANT/ PETITIONER ------------------------ SHAILAJA.L.PURUSHOTHAMAN, SHAILA NIVAS, NADEKATTUVELI, S.L.PURAM P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.KARTHIKEYA PANICKER SMT.DAYA K. PANICKER RESPONDENTS/RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF INDUSTRIES (E), SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, COIR DEVELOPMENT DIRECTORATE, THIRUVANANTHAPURAM-695 001. 3. KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD., ALAPPUZHA REPRESENTED BY ITS MANAGING DIRECTOR, COIRFED, ALAPPUZHA-688 012. GOVT.PLEADER, SRI.GEORGE MECHERIL ADV.K.S.HARIHARAPUTHRAN, SC. FOR R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. ------------------------------ W.A.No.901 OF 2011 ------------------------------ Dated this the 19th day of September, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, J. Appeal is filed against the judgment of the learned Single Judge declining to interfere with the regularisation in service of temporary employees by the Coirfed, which is an Apex Society under the control of the Government. The persons regularised were on temporary employment for more than six years and in some cases employees working on temporary basis for 28 years. The appellant's case is that temporary employees appointed without following any norms are not eligible for regularisation. The learned counsel for the Coirfed submitted that only after obtaining prior approval from the Government the Board of Directors of the Apex Society decided to regularise those with long years of regular service. 2. What we notice is that the appellant is aged 40 years and even if the regularisation made is cancelled, the appellant is W.A.No.901/2011 2 disabled from applying for the post on account of overage. The learned Single Judge found that the appellant did not make any of the affected persons party in the W.P.(C) without which regularisation could not be challenged by the appellant. We do not find any ground to deviate from the view taken by the learned Single Judge, particularly, when appellant herself is overaged to apply for selection to PSC in terms of the amended provisions of the Act. Consequently, the Writ Appeal is dismissed. However, we make it clear that the Coirfed shall not make temporary appointments hereafter in violation of the provisions of the Act and Rules. (C.N.RAMACHANDRAN NAIR, JUDGE) ( P.S.GOPINATHAN, JUDGE) ps/20/9