IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 OP.No. 23945 of 1999(A) ----------------------- PETITIONER: ---------------- P.S. KRISHNADAS, AGED 32 YEARS, SON OF SIVASANKARA MENON, PALLIYIL HOUSE, ELAMKUNNAPUZHA, PIN – 682 503, NOW EMPLOYED AS CONTRACT WORKER IN THE KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, NARAKKAL, PIN – 682 505. BY ADV. SMT.M.CHANDRALEKHA RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRSENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. LABOUR COMMISSIONER, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, POWER HOSUE ROAD, ERNAKULAM. 5. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, MALIPURAM. 6. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, NARAKKAL. 7. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, CHERAI. BY ADV. SRI.C.RAGHAVAN, SC, KSEB GOVERNMENT PLEADER SRI.T.G.RAJENDRAN SC FOR K.S.E.B. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/02/2008, ALONG WITH OP NO. 38842 OF 2002 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 23945 of 1999 ORDER ON C.M.P.NO.40058 OF 1999 IN O.P.NO.23945 OF 1999 DISMISSED 18.2.2008 SD/- S. SIRI JAGAN, JUDGE. APPENDIX EXT.P1: COPY OF WORK MEMO ISSUED BY ASST. EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, NARAKKAL, DATED 19-12-1987. EXT.P1(a): COPY OF WORK MEMO ISSUED BY DO DATED 9-1-1988. EXT.P1(b): COPY OF WORK MEMO ISSUED BY DO DATED 13.1.1998. EXT.P1(c): COPY OF WORK MEMO ISSUED BY DO DATED 2.3.1988. EXT.P1(d): COPY OF WORK MEMO ISSUED BY DO DATED 20.1.1988. EXT.P1(e): COPY OF WORK MEMO ISSUED BY DO DATED 6.2.1989. EXT.P1(f): COPY OF WORK MEMO ISSUED BY DO DATED 1.3.1989. EXT.P1(g): COPY OF WORK MEMO ISSUED BY DO DATED 18.4.89. EXT.P1(h): COPY OF WORK MEMO ISSUED BY DO DATED 20.5.1989. EXT.P1(i): COPY OF WORK MEMO ISSUED BY DO DATED 18.6.89. EXT.P1(j): COPY OF WORK MEMO ISSUED BY DO DATED 16.10.89. EXT.P1(k): COPY OF WORK MEMO ISSUED BY DO DATED2.11.89. EXT.P1(l): COPY OF WORK MEMO ISSUED BY DO DATED 20.12.89. EXT.P1(m): COPY OF WORK MEMO ISSUED BY DO DATED 12.1.90. EXT.P1(n): COPY OF WORK MEMO ISSUED BY DO DATED 2.3.90. EXT.P1(o): COPY OF WORK MEMO ISSUED BY DO DATED 15.3.90. EXT.P1(p): COPY OF WORK MEMO ISSUED BY DO DATED 20.10.95. EXT.P1(q): COPY OF WORK MEMO ISSUED BY DO DATED 1.12.95. EXT.P1(r): COPY OF WORK MEMO ISSUED BY DO DATED 3.96. EXT.P1(s): COPY OF WORK MEMO ISSUED BY DO DATED 1.12.1997. EXT.P1(t): COPY OF WORK MEMO ISSUED BY DO DATED 12.12.1997. EXT.P2: COPY OF MEMORANDUM OFSETTLEMENT DATED 29.6.95 ISSUED BY R2. EXT.P3: COPY OF ORDER NO.1394/95 PS (SD) 2815/93/DATED 10.7.95 OF R1. OP.No. 23945 of 1999 EXT.P4: COPY OF SETTLEMENT DATED 25.1.1996 BETWEEN THE RESPONDENT AND PETTY CONTRACT LABOUR ASSOCIATION. EXT.P5: COPY OF SAMPLE OF TEAR OFF SLIP. EXT.P6: COPY OF LIST OF CONTRACTORS DATED 12.12.95 BY THE RESPONDENT. EXT.P7: COPY OF LIST OF WORKERS DATED 30.11.1996. EXT.P8: COPY OF NEWS ITEM IN THE MATHRUBHUMI DAILY NEWS PAPER DATED 11.8.99. EXT.P9: COPY OF THE APPLICATION DTD 12.8.1999 OF THE PETITIONER. EXT.P10: COPY OF THE CIRCULAR DATED 18.3.1999 OF K.S.E.B. PERSONNEL DEPARTMENT. EXT.P11: COPY OF THE JOINT CONFERENCE NOTICE NO.14-26583/98 DATED 7.7.1999 OF R2. EXT.P12: COPY OF LETTER DTD 15.7.1999 ISSUED BY THE KSEB TO DEPUTY CHIEF ENGINEER. EXT.P13: COPY OF THE NEWS ITEMS IN MALAYALA MANORAMA DAILY DATED 20.8.1999. EXT.P14: COPY OF NOTICE NO.DB/AE-1/CONTRACTORS/99-2000/326/ 15-7-1999 OF KSEB. EXT.P15: COPY OF JUDGMENT DATED 30.3.1999 OF SUPREME COURT OF INDIA. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ----------------------------------------- O.P.Nos.23945/99 & 28842 OF 2002 ---------------------------------------- Dated this the 18th day of February, 2008 JUDGMENT In these two original petitions, the petitioners, who are contract labour in the Kerala State Electricity Board, have approached this Court challenging their termination from service and appointment of PSC hands in their place. The learned standing counsel for the Kerala State Electricity Board points out that the Electricity Petty Contract and Line Workers Union in which the petitioners are members had earlier filed a writ petition seeking reference of a dispute raised by them in respect of the same subject matter as O.P.No.6507/2000, in which the order of the Government refusing to refer the dispute for adjudication was quashed and inter alia the Government was directed to refer the dispute for adjudication by any of the Industrial Tribunal in the State of Kerala. That judgment was taken in appeal by the K.S.E. Board before a Division Bench of this Court in W.A. No.2288/2000, in which the Division Bench set aside that O.P.No.23945 & Con.case 2 direction with regard to making of reference of the dispute to the Industrial Tribunal for adjudication and upheld the other parts of the judgment, whereby the Government was directed to consider the matter. Accordingly, the Government was directed to consider the matter expeditiously. 2. According to the standing counsel, the said judgment covers the case of the petitioners in these original petitions also. In the above circumstances, these original petitions are disposed of in terms of the judgments of this Court in O.P.No.6507/2000 and W.A. No.2288/2000. S. SIRI JAGAN, JUDGE Acd O.P.No.23945 & Con.case 3