IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 31013 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------ 1. BHASKARAN.R., S/O.V.CHINDAN NAIR, AGED 37 YEARS, RAMAPURATH HOUSE, KANKOL.P.O., PAYYANNUR KANNUR DISTRICT.PIN-670 337. 2. RAMESHAN.B., S/O.NARAYANA ACHARI, AGED 37 YEARS, VELLIKUNDAMPURA HOUSE, CHENKALA.P.O., KASSARGOD. 3. VENKATESHA SHARMA, S/O.SHYAM BHATT, AGED 40 YEARS, VOLAKUNJA, ULINADUKKA.P.O., KASSARGOD. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGUM SRI.JOBI.A.THAMPI SMT.HEMALATHA.T.V. SMT.ARATHI KARUNAKARAN SMT.NAZMIN ABDUL LATHEEF SMT.NITHYA SUGUNAN RESPONDENT(S): --------------------------- 1. ADDL.LABOUR COMMISSIONER, TRIVANDRUM-695 001. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM-695 001. R1 BY GOVERNMENT PLEADER SRI.JOSE ADIYODI R2 BY ADV.SRI.K.S.ANIL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31013/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CIRCULAR NO.PSI/ID/27/02/2002 DATED 29/12/2010 ISSUED BY 2ND RESPONDENT. P2 COPY OF THE REQUEST SUBMITTED BY 1ST PETITIONER DATED 11/2/2011 TO THE ASSISTANT ENGINEER, ELECTRICAL SECTION BADIADUKKA. P3 COPY OF THE REQUEST SUBMITTED BY 2ND PETITIONER DATED 18/2/2011 TO THE ASSISTANT ENGINEER, ELECTRICAL SECTION BADIADUKKA. P4 COPY OF THE REQUEST SUBMITTED BY 3RD PETITIONER DATED 18/2/2011 TO THE ASSISTANT ENGINEER, ELECTRICAL SECTION BADIADUKKA. P5 COPY OF THE REPRESENTATION SUBMITTED BY 1ST PETITIONER TO THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION KASSARGOD, DATED 11/2/2011. P6 COPY OF TH EXPERIENCE CERTIFICATE ISSUED TO THE 1ST PETITIONER BY ASSISTANT ENGINEER, ELECTRICAL SECTION BADIADUKKA. P7 COPY OF THE EXPERIENCE CERTIFICATE ISSUED TO THE 2ND PETITIONER BY ASSISTANT ENGINEER, ELECTRICAL SECTION BADIADUKKA. P8 COPY OF THE LETTER NO.GBI/PETTY CONTRACTORS/2011-12 DATED 18/7/2011 OF EXECUTIVE ENGINEER ELECTRICAL DIVISION, KASSARGOD TO 2ND RESPONDENT. P9 COPY OF THE REPRESENTATION SUBMITTED BY 1ST PETITIONER BEFORE THE ADDITIONAL LABOUR COMMISSIONER DATED 20/8/2011. P10 COPY OF THE REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE THE ADDITIONAL LABOUR COMMISSIONER DATED 20/8/2011. P11 COPY OF THE REPRESENTATION SUBMITTED BY 3RD PETITIONER BEFORE THE ADDITIONAL LABOUR COMMISSIONER DATED 20/8/2011. P12 COPY OF THE NOTICE/NEW ITEM PUBLISHED IN THE DESHABIMANI DAILY DATED 11/10/2011 GIVEN BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 31013 OF 2011 ----------------------------------------------------------- Dated this the 21st November, 2011. JUDGMENT The petitioners claim that they are petty contractors/contract line workers in the electrical section, Badiyadukka under the second respondent. According to the petitioners, they have been working since 1996/1997. The case of the petitioners is that there are other persons also like them. Some of the persons like the petitioners had raised an industrial dispute, which ended in an award in their favour. Though the award was challenged right up to the Apex Court, the second respondent did not succeed. Thereafter, the second respondent decided to implement the award. For the purpose, it was decided to prepare a state-wide seniority list of petty contractors/contract line workers who had worked for not less than 1200 days preceding the date of the award. The second respondent had issued detailed instructions regarding preparation of the state-wide seniority list. 2. The petitioners had approached the Assistant Engineer in the Electrical Section, Badiyadukka with all necessary documents for being issued with certificates showing their experience. They are WPC 31013/2011 2 persons who fulfill all the criteria for the reason that they had completed 1200 days of service before 15-12-2004. However, without considering the documents produced by them the Executive Engineer issued Ext.P8 wherein it is mentioned that no person under that division had produced the necessary proof that is required as per Ext.P1 circular. The petitioners have therefore submitted Exts.P9 to P11 representations. There has been no action on the said representations so far. While so, the hearing for determining the eligibility of the persons under the Badiyadukka Section for inclusion in the proposed seniority list is scheduled to be held on 22-11-2011. The petitioners apprehend that their case would not be considered at the hearing. They pray for the issue of appropriate directions for the consideration of their claims also at the time of the hearing on 22-11-2011. 3. I have heard the learned Govt. Pleader as well as the standing counsel for the second respondent. 4. Since a hearing has been scheduled on 22-11-2011 to consider the claims of persons like the petitioners for being included in the seniority list that is proposed to be prepared, I do not find any reason to deny the limited relief that is sought for. WPC 31013/2011 3 The petitioners are certainly entitled to attend the hearing, with all necessary documents to support their claims. 5. This writ petition is accordingly disposed of directing the first respondent to consider the claims of the petitioners also for being included in the proposed seniority list and to produce necessary documents in support of their claims. sd/- K. SURENDRA MOHAN Judge jj true copy P.S.TO JUDGE WPC 31013/2011 4