IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 1816 of 2011(B) -------------------------------------- PETITIONER(S): ----------------------- RAJAN PILLAI, S/O.THANKAPPAN PILLAI, MADATHILTHEKKETHIL, VALIYAPADAM, VILANTHARA P.O., WEST KALLADA, KOLLAM. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE, ADV. SMT.NITA.N.S., SRI.S.SUJIN. RESPONDENT(S): -------------------------- 1. THE JOINT GENERAL MANAGER (P& A/EDP) M/S KERALA MINERALS & METALS LTD., SANKARAMANGALAM, CHAVARA P.O., KOLLAM-691 583. 2. THE CHAIRMAN & MANAGING DIRECTOR M/S KRALA MINERALS & METALS LTD. SANKARAMANGALAM, CHAVARA P.O., KOLLAM-691 583. 3. M/S KERALA MINERALS & METALS LTD. SANKARAMANGALAM, CHAVARA P.O., KOLLAM-691 583, REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, G P.O., THIRUVANANTHAPURAM-695 001. R4 BY GOVT. PLEADER MR.SANDESH RAJA. R1 TO R3 BY SRI.B.S.KRISHNAN, SENIOR ADVOCATE, SC. KMML., ADV. SRI.K.ANAND, SMT.LATHA KRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 1816 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of February, 2011 J U D G M E N T The petitioner claims to be a worker engaged by a contractor employed by the Kerala Minerals and Metals Ltd. By Ext.P1, the company invited applications for appointment of semi skilled/unskilled workers in the company. In the same, originally there was a preference given to contractor's employees, which is now sought to be taken away by Ext.P3 order wherein the preference given to persons who had worked at the contract site of the company has been corrected to read as “persons belonging to surrounding Panchayat who had worked at the contract site of the company”. According to the petitioner, this is illegal insofar as the selection process started with Ext.P1 wherein the petitioner has got a preferential right. 2. I have heard the learned standing counsel for the company also. He would point out that Ext.P3 is a W.P.(C)No. 1816 of 2011 -2- Government order and the company is bound by the directions from the Government in respect of policy matters. 3. I have considered the rival contentions in detail. I am of opinion that, the petitioner has no right to be given any preference in appointment. It is only a concession given to the petitioner. That concession has been expanded to persons belonging to surrounding Panchayat who had worked at the contract site of the company. Insofar as the petitioner has no right as such he cannot complain about the same. Therefore there is no merit in the writ petition and accordingly the same is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/