IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 27283 of 2007(W) -------------------------- PETITIONER(S): ----------------------- 1. R.BIJU, S/O.RAMACHANDRAN NADAR, OPERATOR, PLAMOODU, PATTOM DIVISION, KERALA WATER AUTHORITY, KOTTAKAL P.O. THIRUVANANTHAPURAM DISTRICT. 2. B.RAJAN, S/O.SEETHAKUTTY NADAR, VALLANADU P.O., THIRUVANANTHAPURAM, LINE WATCHER, SSU, PEROORKADA, THIRUVANANTHAPURAM. 3. G.GOPAKUMAR NAIR, S/O.MADHAVAN PILLAI, KANJIRAPARA VEEDU, NEDUMON, KATTAYAM P.O. THIRUVANANTHAPURAM. LINE WATCHER, SSU, PEROORKADA, ARUVIKKARA DIVISION, THIRUVANANTHAPURAM. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.S.SHARAN RESPONDENT(S): ------------------------- 1. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, WATER SUPPLYING SECTION, KANJIRAMKULAM. ADV. SRI.C.UNNIKRISHNAN, SC, KWA FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27283/07 APPENDIX PETITIONERS' EXHIBITS EXT.P1: A TRUE COPY OF THE RELEVANT EXTRACT OF THE LIST SUPPLIED BY THE 2ND RESPONDENT TO THE ASST.EXE.ENGINEER, WATER SUPPLY SUB DIVISION, NEYYATTINKARA. EXT.P2: A TRUE COPY OF THE WORK MEMO DTD. 13/9/95 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P3: A TRUE COPY OF THE LETTER DTD. 25.5.97 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P4: A TRUE COPY OF THE RELEVANT EXTRACT OF THE DAILY LOG BOOK OF DRAINAGE PUMPING STATION, MARCH 96. EXT.P5: A TRUE COPY OF THE MEMO ISSUED BY THE ASST.ENGINEER, SPL.SURVEILLANCE UNIT SECTION, KWA PERROORKADA TO THE 3RD PETITIONER. EXT.P6: A TRUE COPY OF THE REPRESENTATION DTD 4.4.2002 SUBMITTED BY THE 1ST PETITIONER TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. EXT.P7: A TRUE COPY OF THE PROCEEDINGS NO.KWA/JB/E3- 10635/2007/ DTD. 22.12.2007 ISSUED BY THE 1ST RESPONDENT. EXT.P8: A TRUE COPY OF THE LAWYER NOTICE DTD. 16.1.2008 ISSUED BY THE PETITIONER'S COUNSEL TO THE 1ST RESPONDENT. EXT.P9: A TRUE COPY OF the REPLY to HE LAWYER NOTICE DTD. 25.2.2008 SENT BY THE 1ST RESPONDENT. EXT.P11: A TRUE COPY OF THE REPRESENTATION DTD. 11.2.2010 FILED BY THE 1ST PETITIONER BEFORE THE HON'BLE CHIEF MINISTER OF KERALA. EXT.P12: A TRUE COPY OF THE LETTER NO.KWA JB E1/3306-08 DTD 24.12.2008 SENT BY MANAGING DIRECTOR, KWA TO THE CHIEF ENGINEER, KWA SOUTHERN REGION CENTRAL REGION, THIRUVANANTHAPURAM EXTS. OF R2 EXT.R2(a): TRUE COPY OF WP(c) 12730/05 EXT.R2(b): TRUE COPY OF SPECIAL CONDITION ANNUAL MAINTENANCE OF LEAKAGE RECTIFICATION WORKS IN VARIOUS SCHEMES. EXT.R2(c): TRUE COPY OF PETITION. WPC NO.27283/07 -2- EXT.R2(d): TRUE COPY OF JUDGMENT DATED 19.12.07 IN WA 2997/07. EXT.R2(e): TRUE COPY OF ORDER NO.KWA/JB/E3-10635/07 DTD. 22.12.07 OF THE M.D. EXT.R2(f): TRUE COPY OF COMMUNICATION NO.KWA/NTA/AB2-182/05 ISSUED BY E.E. NEYYATTINKARA TO THE M.D., KWA. EXT.R2(g): TRUE COPY OF COMMUNICATION NO.AB3-241/HWD/AVK(GL) DT 16.5.08 ISSUED BY E.E., ARUVIKKARA. EXT.R2(h): TRUE COPY OF COMMUNICATION NO.E1/08/DT 2/7/08 ISSUED BY A.E.E., PATTOOR TO THE CONTRACTOR. EXT.R2(i): REPLY DT 2.7.08. EXT.R2(j): TRUE COPY OF the ORDER NO.KWA/JB/E3-10635/2007 DT 31.7.08 ISSUED BY THE 1ST RESPONDENT. EXT.R2(K): TRUE COPY OF LETTER NO.KWA/SMD/E1/WPC NO.27283/07 DT 6.8.08 ISSUED BY THE EXECUTIVE ENGINEER SEWERAGE DIVISION, PATTOOR, THIRUVANANTHAPURAM TO THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 27283 OF 2007 (W) ===================== Dated this the 21st day of July, 2010 J U D G M E N T According to the petitioners, they are provisional employees appointed by the respondents, who are working for more than 10 years. It is stated that, while so, their services were ordered to be terminated, and therefore, they approached this Court seeking to set aside the order of termination and praying for regularization. 2. However, in the counter affidavit filed by the respondents, the stand taken by them is that the petitioners are workers appointed by the contractors engaged by the Kerala Water Authority, and that therefore, neither in the matter of their engagement nor in the matter of their termination, the respondents have any role to play. 3. Thus, while the petitioners claim status of employees under the respondents, according to the respondents, they are contract workers. This disputed question of fact cannot be resolved in a proceedings under Article 226 of the Constitution of India, and if according to the petitioners, they are employees WPC No. 27283/07 :2 : of the respondents or that the arrangement with the inter mediary is a sham one, the remedy available to the petitioners is to seek relief from the forums created under the Industrial Disputes Act. 4. Therefore, without expressing anything on the merits of the claim raised by either the petitioners or the respondents, this writ petition is closed leaving it open to the petitioners to seek remedies before the appropriate statutory forums. 5. According to the petitioners, their services were dispensed with during the pendency of these proceedings. Therefore, it is clarified that depending upon the outcome of the adjudication that may ensue, it will be open to the petitioners to raise their claims for consequential benefits. Writ petition is closed. ANTONY DOMINIC, JUDGE Rp