IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 22785 of 2008(K) -------------------------- PETITIONER: ------------ S.RADHAKRISHNAN NAIR, ROHINI, VALIASALA, CHALAI.P.O, UMNARA-70, THIRUVANANTHAPURAM. BY ADV. SRI.THOMAS ABRAHAM SRI. R.DIPU SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS RESPONDENTS: ------------- 1. CHAIRMAN, AIRPORTS AUTHORITY OF INDIA, RAJEEV GANDHI BHAVAN, SAFDARJUNG NEW DELHI. 2. AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT, TRIVANDRUM. BY ADV. SRI.V.SANTHARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).22785/2008 -------------------- Dated this the 29th day of July, 2008 JUDGMENT Petitioner is working as Bird Scarer in Thiruvananthapuram International Airport for the last more than ten years. The details of the petitioner's service is given in a tabulated form in the writ petition. 2. According to the petitioner, though he has been engaged through a labour supply contractor, his work is being supervised and controlled by the Airport Authority of India officials. Petitioner contends that he is entitled to be considered for Last Grade (D group) employments in the Airport Authority, with relaxation of age and educational qualifications. The petitioner contends that the Airport Authority has, in the meanwhile, sent a requisition to the District Employment Officer to sponsor candidates for 12 vacancies of Junior Attendant (Safaiwala). 3. Learned Standing Counsel for the Airport Authority W.P.(C).22785/2008 2 submits that pursuant to Ext.P1, the Employment Officer has sponsored 120 candidates and the selection process is still pending. 4. In the meanwhile, the petitioner has moved the Chairman of the Airport Authority, seeking the indulgence of the Authority. Essentially, he prays that he may be accommodated against the vacancies of Junior Attendant (Safaiwala), taking note of his continuous service as Bird Scarer for more than ten years, though under a contractor. 5. I heard learned counsel for the petitioner Sri.Thomas Abraham and learned Standing Counsel for the Airport Authority of India Sri.K.L.Narasimhan. 6. Going by the vacancies which are notified and the fact that the petitioner has been functioning as Bird Scarer, it may not be straight away possible to direct the Airport Authority of India to accommodate the petitioner W.P.(C).22785/2008 3 in the post of Junior Attendant (Safaiwala). But, it is always open to the Airport Authority to take note of the fact that the petitioner has been discharging duties in an area which forms an integral part of the functioning of the Airport Authority for the past ten years or so. In fact, according to the learned counsel for the petitioner, he is involved in cleaning of the Airport and the taxiway. These are matters which may be considered by the Airport Authority, in the light of the principles laid down by the Constitution Bench of the Supreme Court in Steel Authority of India Limited and others v. National Union Waterfront Workers & others (2001 (7) SCC 1). 7. Accordingly the writ petition is disposed of directing the 1st respondent or any person authorized by him, to consider and pass orders on Ext.P2 representation within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall be granted an opportunity of being heard through W.P.(C).22785/2008 4 an authorized representative, before a decision is taken by the 1st respondent. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. V.GIRI, Judge mrcs