IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 26878 of 2007(Y) -------------------------- PETITIONER(S): --------------- 1. M.R. RATHEESH, MADAPADU VEEDU, ANJUMOORTHY MANGALAM, PALAKKAD. 2. MURUKESAN M.R., MARATHUPARAMBIL VEEDU, V.H. CONONY, U.C. COLLEGE P.O., ALUVA. 3. M.V. ROY, MYALPARAMBIL HOUSE, SREEMOOLANAGARAM, KALADY VIA. 4. RADHESH V.R., VAIKYAPARAMBIL HOUSE, PRIYADARSINI ROAD, ALUVA. 5. U. KRISHNADAS, MALAMCHITTY HOUSE, KUTTANNOOR P.O., PALAKKAD. 6. S.R. SILVESTERLIN, ST. XAVIERS COTTAGE, KUNNATHUKAL, KARAKKONAM, TRIVANDRUM. 7. SURESH C., MALAMCHITTY, KUNNATHOOR, KUZHALMANNAM, PALAKKAD. BY ADV. SRI.DEEPU THANKAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TAXES (A) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE BEVERAGES (M & M) CORPORATION LTD., SASTHAMANGALAM, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. ADV. SRI.MILLU DANDAPANI FOR R.2 GOVERNMENT PLEADER SRI.T.K.VIPINDAS FOR R1 SRI.ELVIN PETER P.J. FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26878 of 2007(Y) APPENDIX Ext.P1: True copy of the Govt. Order dated 20.2.2002. Ext.P2: True copy of the Govt. Order issued by the 1st respondent dated 7.8.2004. Ext.P3: true copy of the list of 265 persons published by the Chief Welfare Fund Inspector, Kerala Abkari Workers Welfare Fund Board. Ext.P4: True copy of the order of the second respondent dated 10..3.2006 Ext.P5: True copy of the judgment of the Division Bench of this Hon'ble Court in W.P. (C) No. 21026/2006 dated 31.8.2006 Ext.P6: True copy of the letter issued by the 1st respondent to the 3rd respondent 28.12.2006 Ext.P7: True copy of the letter issued by the 3rd respondent to the 1st respondent dated 20.7.2007 Ext.P8: True copy of the letter dated 13.8.2007. Ext.P9: True copy of the Govt. Order dated 3.3.2008. Ext.P10: True copy of the letter issued by the Managing Director of the 2nd respondent Corporation dated 27.5.2008. //true copy// HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C) No. 26878 of 2007 ---------------------------------------- Dated this the 3rd day of April, 2009 JUDGMENT Petitioners are the candidates included in the list of 265 dependent sons of arrack workers who have committed suicide. The said list is prepared by the Chief Welfare Fund Inspector of Kerala Abakari workers Welfare Fund Board . Ext.P3 is the said list. The sale of arrack in the State was abolished in the year 1996. Consequently, approximately 12,000/- workers engaged in the arrack shops were said to be rendered jobless Subsequently in the year 2001 the sale of foreign liquors through private licencees were also stopped by the Government and entrusted the same to the Kerala State Beverages Corporation ( For short KSBC) and Consumer Fed. Consequently the KSBC appointed more than 1200 workers who were working under various IMFL shops owned by private individuals in the year 2001. During 2001, the various unions of the abkari workers launched strike demanding rehabilitation, as a result an agreement was arrived wherein it was agreed among other things that the abkari workers will also be employed in the retail outlets of I.M.F.L. of the KSBC to be opened in future 2. The Government passed G.O.(Rt) 01/2002/TD dated 20.2.2002 and ordered that 25% of all daily wage employment vacancies arising in the KSBC in future will stand reserved to be filled up by the abkari W.P.(C) No. 26878 of 2007 -2- workers registered with the abkari workers welfare fund board who have been terminated from service due to arrack ban with effect from 1.4.1996 The petitioners alleging that though Ext P1 order was passed in February 2002 ,no action was taken by the Government to implement the said Government Order. Due to the ban of arrack ,consequent unemployment, financial problems etc, poverty stricken workers committed suicide . Therefore the Government is compelled to pass Ext.P1 order . But the same was not given effect to for no good reasons. 3. Though the arrack ban was imposed on 1.4.1996 the decision ( Ext.P1 order) to accommodate 25% dependents was not implemented by the Government for reasons known to them only. The Government did not care to implement the same order even at the belated stage. The inaction of the Government lead to many suicides. If Ext.P1 order was implemented at the right time many lives of poor abkari workers could have been saved. In the circumstances the Government was compelled to take a second decision in the meeting held on 22.10.2003. Ext.P2 modified order was passed on 7.8.1994. 4. Ext.P1 order was passed earmarking 25% of the total daily workers earmarked for employees who lost employment due to ban. But by Ext. P2 Order the employment opportunities was limited to a small group i.e dependent sons of suicided workers. It is strange to note that the entire arrack workers approximately 12,000 in number are rendered jobless due to the arrack ban. Ext.P2 order only protects a small group W.P.(C) No. 26878 of 2007 -3- who are the dependent sons of arrack workers who had committed suicide consequent on the loss of employment due to the ban of arrack in the State. It is not known why the benefits should not be conferred to a large number of thrown out abkari workers also and why it was limited to a small group of dependent sons containing in Ext.P3 list who are only 265 in number and no reasons are stated in Ext.P2 order for taking away the benefit conferred on such workers under Ext.P1 order. 5. It is the case of the petitioners that they have been included in Ext.P3 list and are entitled to be appointed. Subsequently the K.S.B.C. has appointed 1082 employees who were working in the Foreign liquor shops run by private individuals and again the KSBC appointed more than 676 persons as daily wage employees in various warehouses as well as foreign liquor outlets. When steps were initiated by the Government to regularise the said 676 employees, some trade unions alleging back door appointments approached this Court and filed writ petition No. 21026/2006 and connected cases. A Division bench of this Court considered the question of regularisation of the said 676 employees. This Court issued six directions in the said writ petitions. Direction No. 6 is relevant for consideration in this case. It reads as follows: If any casual or other employees are necessary hereafter, they can be appointed only through employment exchange and such employees will not get any right for regularisation on any account as they shall not be allowed W.P.(C) No. 26878 of 2007 -4- to work for more than six months. We further make it clear that regular vacancies should be notified and regular appointments should be made as expeditiously as possible. 6. The judgment passed by this Court In W.P.(C) 21026/2006 is marked as Ext.P5. As per Ext.P5 judgment all posts manned by temporary employees continuously for a period of one year shall be treated as regular posts and if any temporary vacancies is to be filled up that can be done only through employment exchange. The beneficiaries of Ext.P1 and P2 orders were not parties in that writ petitions. The issue regarding the 25% quota for appointment of dependent sons of suicided abkari workers or appointment of erstwhile abkari workers was not brought for consideration in that cases . Therefore the principle in Ext.P5 judgment can apply only in respect of temporary vacancies other than 25% quota earmarked as said above. Exts. P1 and P2 orders were not under consideration in the Ext.P5 case. 7. I find no justifiable reasons for not implementing Ext.P1 order which confers benefits to a large group of abkari workers rendered jobless from 1996. I also find no justification for limiting the benefit to a small group whose names are mentioned in Ext.P3 list. 8. It is submitted by the learned counsel for the KSBC and the learned Government Pleader that another scheme was formulated by which the major portion of the abkari workers are directed to be absorbed in the toddy shops run by the private individuals and according to them W.P.(C) No. 26878 of 2007 -5- that is the reason why this 25% quota is restricted to dependent sons of suicided abkari workers. It is submitted at the Bar that the Apex Court did not approve the scheme for absorbing the abkari workers in toddy shops run by the private individuals. Therefore the said scheme was not implemented, as a result the abkari workers who lost employment , remained unemployed. The purpose of modification of Ext.P1 order was defeated by the Judgment of Apex Court. Thereafter no modification was made to Ext.P2 order. 9. Besides giving employment to 676 persons who are from outside, as daily wage employees the KSBC employed several employees on deputation basis. It is submitted by the counsel for the KSBC that more than 500 employees are working on deputation basis. It is also submitted that subsequent to the appointment of 51 persons from Ext.P3 list more than 35 foreign liquor shops and two warehouses were opened by the Corporation, that for each shop at least 8 persons are required and for each warehouses 16 persons were required. If the 25% quota available to the abkari workers was implemented in time a sizable number of 12,000 abkari workers could have been accommodated and could have been regularized in the temporary vacancies . 10. The counsel for the petitioners also produced documents which will go to show that till the end of 2008, the KSBC granted permission to appoint temporary workers either from employment exchange or on deputation basis. Going by the contentions raised by the W.P.(C) No. 26878 of 2007 -6- parties I find that there is no justification for not absorbing the entire 265 abkari workers from Ext.P3 list which is prepared by the Chief Welfare Fund Inspector. Now 214 workers are awaiting employment as per Ext.P2 order. It is brought to the notice of this Court that on a rough estimate the KSBC has appointed approximately 800 workers after Ext.P2 order. If Ext.P2 order was followed, almost all the persons in Ext.P3 list would have been employed In this context, it is brought to the notice of this Court, Ext.P6 order passed by the Government stating that only first 51 persons will be eligible for appointment in KSBC in view of the judgment of the Division Bench of this Court in W.P.(C) 21026/2006 and connected cases and that the temporary/casual appointments in KSBC have to be made through Employment Exchange. As I said in the preceding paragraphs , the Division bench dealt only with other issues not connected with the issues in question. There was no occasion for the Division Bench to consider the implementation of Ext.P2. So the stand of the Government in Ext.P6 to the effect that 51 persons in Ext.P3 list alone will be eligible for appointment in the KSBC, is not justifiable. 11. The learned counsel for the KSBC submitted that the Corporation has already reported 676 vacancies to P.S.C. for recruitment and that the P.S.C. has notified the same. It is also submitted that the Government vide Ext.P8 order dated 13.08.2007 recruited 129 abkari workers and 176 abkari workers vide Ext.P9 order dated 03.03.2008 through Employment Exchange. Ext.P10 is the order dated 27.5.2008 by W.P.(C) No. 26878 of 2007 -7- which the KSBC invited deputation hands from all public sector undertakings and other Government Departments, to fill up the regular vacancies. The petitioners submitted that there are large number of regular vacancies still existing in the K.S.B.C and in order to show the said fact they appended Ext.P10 order. 12. On a consideration of all the facts and materials, the relevant Government Orders Ext.P6 order passed by the Government to the extent of limiting the number to 51 is unsustainable. Therefore a direction is issued to respondents 1 and 2 to pass orders employing the remaining dependent sons in Ext.P3 list in the 25% quota available to them . By Exhibits P8 and P9 orders 129 and 176 workers are employed through Employment Exchange on daily wages without employing abkari workers from the 25% quota. If it is necessary equal number of employment exchange hands appointed under Ext.P8 and P9 orders shall be terminated, for employing candidates under the 25% quota. The appointments shall be made within a period of six weeks from today. 13. As I have stated earlier the modification of Ext.P1 order by Ext.P2 order denying employment to unemployed abkari workers cannot be justified. Government shall reconsider Ext.P2 order to the extent of denying the benefits conferred on a larger group of beneficiaries by Ext.P1 order. Government may consider that the 25% of the future vacancies shall be filled up by the beneficiaries under Ext.P1 order who are none other than the abkari workers. For the said purpose it is open to W.P.(C) No. 26878 of 2007 -8- the government to modify Ext.P2 Government order so that the abkari workers who lost employment consequent to the ban of arrack can be rehabilitated. A decision shall be taken within a period of 3 months from the date of receipt of a copy of this judgment. Ext.p6 order is quashed. This writ petition is disposed of as above. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C) No. 26878 of 2007 ---------------------------- JUDGMENT 3rd March , 2009