IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 24655 of 2010(F) -------------------------- PETITIONER(S): --------------- BIJU .G, S/O.GOPALAKRISHNAN NAIR,AGED 31 NARYANEEEYAM, THOTTINU VADAKKU, MADAPPALLY, CHAVARA, KOLLAM DISTRICT. BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM SRI.BOBBYMATHEW KOOTHATTUKULAM RESPONDENT(S): --------------- 1. KERALA MINERALS AND METALS LTD. REPRESENTED BY ITS MANAGING DIRECTOR SANKARAMANGALAM, CHAVARA, KOLLAM 691 583 2. JOINT GENERAL MANAGER P& A, KERALA MINERALS AND METALS LTD. CHAVARA DO..DO.. MR.V.K.KRISHNA MENON, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.24655 of 2010 (F) -------------------------- Dated, this the 6th day of August, 2010 J U D G M E N T The 1st respondent Company published Ext.P1 vacancy notification inviting applications for various posts including Junior Khalasi. Claiming that he belongs to the nearby Panchayat area and is working in the contract site, the petitioner submitted Ext.P2 application enclosing certificates. However, he filed this writ petition stating that although candidates have been invited for interview to be held today, he was not called for the same. 2. When the matter came up yesterday for orders, it was adjourned today for the learned Standing Counsel to obtain instructions. On instructions, the learned Standing Counsel for the Company pointed out that the petitioner did not produce any certificate evidencing that he was working at the contract sites, to be an eligible candidate. It is stated that it was therefore that the petitioner was not called for the interview. 3. However a perusal of Ext.P2 application submitted by the petitioner itself shows that, towards experience, the petitioner WP(C) No.24655/2010 -2- stated that he is working as a Khalasi with M/s.Sanco Construction since 2000 and still continuing at KMML, Chavara. The certificate issued by M/s.Sanco Construction enclosed to Ext.P2 application shows that he is certified to be working under the said Company since 2000. Prima facie, therefore, the materials show that the petitioner is working as Khalasi under a contractor engaged by the respondent Company, at its site. 4. Therefore, in my view, the respondent Company ought to have called the petitioner for interview and if necessary, could have also called upon him to produce further proof justifying his eligibility to be considered in terms of the conditions specified in Ext.P1 notification. 5. In view of the above, and having regard to the fact that the interview is going on today, it is directed that the petitioner shall appear before the respondent Company at 3.00 PM today, along with further documents, if any, to prove his eligibility to be considered in terms of Ext.P1 notification. On production of such documents, if the respondent Company is satisfied that the petitioner meets the eligibility specified in Ext.P1, the petitioner will WP(C) No.24655/2010 -3- be interviewed and considered for the post. Learned Standing Counsel for the respondent Company will communicate the contents of this judgment to the respondent Company for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg