IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 26164 of 2008(M) --------------------------------------- PETITIONER(S): ---------------------- 1. BABY ANTONY, ALSO KNOWN AS A.A. DEVASEA S/O ANTONY AGED 47 YEARS, RESIDING AT AMBATT HOUSE THALAKODE P.O., NOW WORKING AS MAINWATER OPERATOR AT WATER TREATMENT PLANT, AVOLICHAL. 2. JAMES S/O JACOB, AGED 40 YEARS, RESIDING AT MECHAMALIL HOUSE NERIYAMANGALAM P.O., NOW WORKING AS MAIN WATER OPERATOR WATER TREATMENT PLANT, AVOLICHAL. 3. ABHILASH P.T.,S/O THOMAS AGED 25 YEARS, RESIDING AT PADINJAREKKARA HOUSE NOW WORKING AS MAIN WATER OPERATOR, WATER TREATMENT PLANT AVOLICHAL. 4. THULASEEDHARA, S/O BALAKRISHNAN, AGED 39 YEARS, RESIDING AT INCHATHOTTY, NOW WORKING AS RAW WATER OPERATOR, WATER TREATMENT PLANT AVOLICHAL. 5. VINU K.N.,S/O LATE RESIDING AT KALLUNKAL HOUSE, NERIYAMANGALAM P.O., NOW WORKING AS RAW WATER OPERATOR, WATER TREATMENT PLANT, AVOLICHAL. 6. PREEFAN P.T., S/O THANKAPPAN, RESIDING AT PADINJAREKUDI HOUSE, NERIYAMANGALAM, NOW WORKING AS WORKMAN AT WATER TREATMENT PLANT AVOLICHAL. 7. SUGUNANA N.B, S/O BHASKARAN, AGED 33 YEARS, RESIDING AT NEDUMPALLIL HOUSE NERIYAMANGALAM NOW WORKING AS WORKMAN AT WATER TREATMENT PLANT, AVOLICHAL W.P.(C) NO.26164/2008 8. JINS, S/O JACOB, AGED 22 YEARS, MOOLAYIL AVOLICHAL, NOW WORKING AS WORKER AT WATER TREATMENT PLANT, AVOLICHAL, UNDER THE SUB DIVISION OFFICE, OF THE WATER AUTHORITY AT KOTHAMANGALM ERNAKULAM DISTRICT. BY ADV. SRI.K.J.GEORGE KUNNUMPURATH SRI.JOHN JOSEPH(ROY) RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA WATER AUTHROITY, REPRESENTED BY THE MANAGING DIRECTOR, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, DIVISIONAL OFFICE, WATER AUTHORITY AT MUVATTUPUZHA,. 4. THE ASSISTANT EXECUTIVE ENGINEER, SUB DIVISIONAL OFFICE OF WATER AUTHROITY, KOTHAMANGALAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN ADV. SRI.J.KRISHNA KUMAR, SC, KWA FOR R2-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.26164 of 2008-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2009. JUDGMENT The petitioners are mainly seeking for a direction to the respondents to permit them to continue in the service of the respondents till regular hands through Public Service Commission join duty. There is a further prayer to the effect that respondents shall be directed not to terminate their service for replacing them with other temporary hands. 2. Heard learned counsel for the petitioners and learned Standing Counsel appearing for the respondents. 3. The case pleaded by petitioners 1 to 3 is to the effect that they are working as Main Water Operators in the Water Treatment Plant at Avolichal under the 4th respondent. It is also pleaded that petitioners 4 and 5 are working as Raw Water Operators and petitioners 6 to 8 are working as Workers in the same Water Treatment Plant. It is also pointed out that the first petitioner is a physically handicapped person with 40% disability. This is supported by the certificate, Ext.P2. The period during which they were working allegedly under the respondents, is stated in para 3 of the writ petition. WPC 26164/2008 2 3. The apparent reason for the petitioners approaching this court at this stage is that they are being sought to be replaced by other temporary hands. 4. As directed by this court, the respondents have filed a statement. The contention taken is that even though there is a Water Treatment Plant at Avolichal under the Kerala Water Authority, they have not posted any person for operating the plant. There are also no posts in Kerala Water Authority as Main Water Operator/Raw Water Operators or Workers at Avolichal. The operation of the pumps in treatment plants and pump houses is entrusted to a contractor and he is supplying the required labourers. The payments are also being made by him and the Kerala Water Authority has not paid any wages or salaries to any such labourers till date. Any employer-employee relationship with the petitioners and the respondents is disputed. 4. In the light of the contentions raised by the respondents, this court cannot enter into any adjudication of disputed questions of fact and take a decision on such vital aspects. It is up to to the petitioners to avail of other legal remedy, if any, before the appropriate forum. Leaving open such right, the writ petition is dismissed. (T.R. Ramachandran Nair, Judge.)