IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Con.Case(C).No. 1745 of 2007(S) ------------------------------- THE JUDGEMENT IN WPC.30168/2005 Dated 14/02/2007 PETITIONER --------------------------- P.X.JOSEPH, S/O XAVIER, AGED 42 YEARS, PULLUPARAMBIL, ELAMAKKARA, KOCHI-26, (CLR/SUBSTITUTE WORKER UNDER THE CORPORATION OF KOCHI, ERNAKULAM). BY ADV. SRI.E.S.ASHRAF RESPONDENT: ------------- SMT. MINI ANTONY, SECRETARY, CORPORATION OF KOCHI, ERNAKULAM. BY ADV. SRI.K.ANAND, SC, COCHIN CORPN. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.O.C.No. 1745 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February, 2008 JUDGMENT The following directions were issued by this Court in Annexure-A1 judgment:- 1. The respondent-Corporation shall immediately take up for consideration the need for deleting the names of those whose names are repeated in Ext.P4 list, rather duplicated. 2. The respondent-Corporation shall also ascertain the details of those who died before and after the publication of Ext.P4 list and the names of those persons removed from the list. Likewise, the names of those who have already attained the age of superannuation also shall be deleted from this list. 3. After doing that exercise, a fresh list shall be prepared by the Corporation in tune with the directions issued by the Government in Ext.P2 order within a maximum period of two months from the date of receipt of a copy of the judgment. 4. The right of the petitioner to be regularized shall be taken up depending upon the seniority assigned to him in that list. If it is found that the services of persons who are yet to be granted the benefit of regularization are required by the Corporation, such persons shall be given employment according to their seniority as will be reflected from the fresh list and they shall also be granted the benefit of regularization in terms of Ext.P2 G.O. COC 1745/2007 2 5. The entire exercise shall be completed within four months from the date of receipt of a copy of the judgment. 2. Alleging that the directions have not been complied with, the present contempt of court case is filed. Counter affidavit has been filed by the respondent as directed by this Court. It is sated that pursuant to the directions issued by this Court the Corporation completed the exercise and prepared a fresh list. It is also stated that as per G.O.(MS) No.91/2001 LSGD dated 29-3-2007 the Government has given permission to the Corporation to regularize the workers who were working as substitute workers against vacancies which arises in the post of contingent workers and regularization of those persons who are included in the fresh list is going on. In paragraph 8 of the counter it is stated as follows:- “The Corporation of Kochi has 823 employees working in permanent contingent posts, 392 employees are working as substitute workers and more than 800 persons are engaged in DLR workers category. The strength of permanent posts can be increased only after getting Govt. sanction.” COC 1745/2007 3 The stand taken by the corporation is recorded. In the circumstances, I think there is no justification for further proceeding with the contempt of court case. 3. The learned counsel for the petitioner submits that there is undue delay in Government sanction being obtained in either increasing the cadre strength or getting sanction for additional posts. Taking note of the fact that 800 persons are engaged in the DLR workers category, it is only appropriate the Government addresses the issue of either absorbing the DLR workers into the contingent establishment or providing for some other measure. 4. In the result, the contempt of court case is closed without prejudice to the right of the petitioner to move the Government for appropriate relief as indicated above. V. GIRI, JUDGE. mn. COC 1745/2007 4