IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 22953 of 2007(G) -------------------------- PETITIONER: ------------ AJITHA KUMARI T., HELPER/ABKARI WORKER (ON DAILY WAGES), WAREHOUSE, KERALA STATE BEVERAGES (M & M) CORPORATION LTD., PATHANAMTHITTA. BY ADV. SRI.DEEPU THANKAN RESPONDENTS: ------------- 1. KERALA STATE BEVERAGES (M & M) CORPORATION LTD., SASTHAMANGALAM, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. THE MANAGER, WAREHOUSE, KERALA STATE BEVERAGES (M & M) CORPORATION LTD, PATHANAMTHITTA. BY ADV. SRI.MILLU DANDAPANI, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22953/2007/G APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE PROVIDENT FUND DETAILS OF THE MONTH OF AUGUST 2005. EXT. P2: COPY OF THE PROVIDENT FUND DETAILS OF THE MONTH OF AUGUST 2006. EXT. P3: COPY OF THE PROVIDENT FUND DETAILS OF THE MONTH OF APRIL 2006. EXT. P4: COPY OF THE PROVIDENT FUND DETAILS OF THE MONTH OF JUNE 2007. EXT. P5: COPY OF THE CASH PAYMENT VOUCHER DATED 7/7/2007 OF WAREHOUSE, PATHANAMTHITTA. EXT. P6: COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HON'BLE COURT IN W.P.NO.21026/2006 AND CONNECTED CASES DATED 31/8/2006. EXT. P7: COPY OF THE REPRESENTATIN DATED 23/07/2007. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) No.22953 of 2007(G) ======================= Dated this the 24th day of March, 2008 JUDGMENT The petitioner claims to be a helper/abkari worker employed on daily wages in the warehouse of the 1st respondent, managed by the 2nd respondent. The continuance of these daily wage workers in service was the subject matter of several original petitions in which a Division Bench of this Court passed Ext.P6 judgment wherein the daily wage workers were directed to be terminated from service as and when regular recruitment is made through PSC and employment exchange. The petitioner submits that purportedly in accordance with the direction in Ext.P6 judgment the petitioner's service have been terminated, although no regular hand had joined duty in her place. The petitioner would submit that by Ext.P6 judgment temporary employees like the petitioner who has put in more than 6 month's service were directed to be given age relaxation for regular recruitment through P.S.C. According to the petitioner, the post W.P.(C) No.22953/2007/G -2- of helper being one for which recruitment is through P.S.C., she is eligible for such relaxation as and when P.S.C. invites application for selection. Petitioner therefore seeks the following reliefs. "i) issue a writ of mandamus or any other appropriate writ or direction directing the 1st respondents to re-engage the petitioner in service as helper under the 1st respondent forthwith; ii) issue a writ of memorandum or any appropriate writ or direction directing the 1st respondent to consider Ext.P7 representation the light of Exhibit P6 judgment of this Hon'ble Court and reinstate the petitioner in service as her termination was in violation of the said judgment. and iii) pass such other orders as this Hon'ble Court deems, fit, proper and necessary in the circumstances of the case." 2. A statement has been filed on behalf of the respondents, wherein it has been stated that the petitioner was not employed as a helper as claimed by her, but by only as a sweeper. According to them, the post of sweeper is to be filled up through recruitment from candidates sponsored by Employment Exchanges and a candidate so selected has joined duty and that is why the petitioner's services have been terminated. W.P.(C) No.22953/2007/G -3- 3. In view of the pleadings, the issue boils down to as to whether the petitioner is a helper/abkari worker or a sweeper. Petitioner would assert that she was in fact a helper/abkari worker and not a sweeper. Petitioner would therefore submit that if an appropriate enquiry is conducted regarding this fact, petitioner would be able to prove that she was in fact working as a helper/abkari worker. The petitioner therefore seeks an enquiry into this fact by the Managing Director of the 1st respondent. In the above circumstances, the writ petition is disposed of with the following directions: The petitioner shall file a suitable representation in this regard before the Managing Director of the 1st respondent within three weeks from today along with a copy of this judgment. On receipt of the same, the 1st respondent shall conduct an enquiry into the claim of the petitioner that she was in fact working as a helper/abkari worker and whether she is entitled to continue in service till a P.S.C. hand joins duty, in accordance with law, as expeditiously as possible, at any rate, within one month, from the date of receipt of the representation, after affording an opportunity of being heard to the petitioner. This is also without W.P.(C) No.22953/2007/G -4- prejudice to the right of the petitioner to raise an industrial dispute, if she so wishes. S.SIRI JAGAN, JUDGE jp