IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 23529 of 2008(A) -------------------------- PETITIONER: ------------ 1. RADHAKRISHNAN K.P., S/O.APPUNNI NAIR, KUTTIPPURATH HOUSE, CHELANNUR P.O., KOZHIKODE. 2. VISWANATHAN V. VELLUTHEDATH HOUSE, CHEEKKILODE P.O., ATHOLI VIA, KOZHIKODE. 3. SARFU.M., S/O.LATE ALIKUNHI M., MANNODIYIL HOUSE, MORIKKARA P.O., KAKKODI VIA, KOZHIKODE. 4. VENUGOPALAN V.P., S/O.RAGHAVAN NAIR, SREETHILAKAM HOUSE, NEAR VIYYOOR LP SCHOOL, KOLLAM. P.O., KOYILANDY. 5. M.SREEDHARAN, S/O.LATE RAGHAVAN NAIR, MELEDATH HOUSE, KOLATHUR P.O., ATHOLY VIA, KOZHIKODE. 6. RATHNARAJAN.M.P., MELEPOOTHAYIL HOUSE, NARIKKUNNI P.O., KOZHIKODE. 7. K.RAJAN, S/O.LATE APPUKUTTAN NAIR, SREELAKSHMI, EDAKKARA P.O., CHELANNUR VIA, KOZHIKODE. 8. N.SATYANANDAN, S/O.LATE M.BARATHAN, KARALIMMEETHAL HOUSE, NELLIKODE P.O., KOZHIKODE. 9. K.CHANDRAN, S/O.VELAYUDHAN NAIR, KODALTHODHEALHOUSE, KANNIPARAMBA P.O. AYAMKULAM VIA, KOZHIKODE. 10. M.CHANDRAN, S/O.VELU, MUNDAKKAL HOUSE, PILASSERI P.O., KUNNAMANGALAM VIA. 11. M.SREEDHARAN, S/O.SANKARAN NAIR, ARUNGAYIL HOUSE, KARUMALA P.O., BALUSSERY, KOZHIKODE. WP(C).No. 23529 of 2008 -2- 12. K.JAYAKUMAR, S/O.LATE RAGHAVAN NAIR, VADAKKAYIL HOUSE, CHEVAYUR P.O., KOZHIKODE. 13. K.VASUDEVAN, KALLUKUTHUKUZHIYIL HOUSE, MALAPARAMBA, KOZHIKODE. 14. T.RAVINDRAN, S/O.KANARAN NAIR, KOTTANCHALIL HOUSE, IRUVALLOOR P.O., CHELANNUR VIA, KOZHIKODE. 15. DEVADASAN C.P., S/O.LATE MOOTHORAN C.P., SNEHA, POTTAMMALTHAZHAM, KONOTE P.O., KOZHIKODE. 16. GANGADHARAN.M., S/O.LATE CHEKKUNNI NAIR, MELEDATH HOUSE, KOLATHOOR P.O. ATHOLY VIA, KOZHIKODE. 17. VIJAYAKUMAR.E., S/O.KUTTIKRISHNAN NAIR, SREE SHYALAM HOUSE, CHATHAMANGALAM P.O. NIT VIA, KOZHIKODE. 18. P.MOHANAN, EDACHERITHAZHATH PARANNOOR HOUSE, CIVIL STATION P.O., KOZHIKODE. 19. UDAYAKUMAR V., S/O.DAMODARAN VAIDYAR, PANOLI HOUSE, MERIKUNNU P.O., KOZHIKODE. 20. KANAKADASAN, S/O.LATE MADHAVAN, KAYAKKAPOYIL HOUSE, MAKKADA P.O., KAKKODI VIA, KOZHIKODE. 21. K.GOPI, S/O.LATE KUMARAN, KUNNATH HOUSE, MIE KUNNAMANGALAM P.O., CHETHUKADAVU, KOZHIKODE. 22. M.RAVINDRAN, S/O.LATE KUTTAPPAN NAIR, EDAMUNDA HOUSE, KURUVATTOOR P.O., KAKKODI VIA., KOZHIKODE. 23. RAJAN P.P., S/O.KADUNGANA K. PUTHENPURAYIL HOUSE, MOOLAD P.O. NADUVANNUR VIA, KOZHIKODE. 24. M.K.RADHAKRISHNAN, S/O.KRISHNAN NAIR, MELEKUZHIMBATTIL HOUSE, PERUMANNA P.O. KOZHIKODE. 25. T.R.DAMODARAN, S/O.KUNHIRAMAN NAIR, VAZHALIL HOUSE, KARAPPARAMBA, KOZHIKODE. WP(C).No. 23529 of 2008 -3- 26. PARTHASARATHI P., S/O.M.C.UNNI NAIR, KAKKATTIL HOUSE, CHEVAYUR P.O., KOZHIKODE - 17. 27. M.BHARATHAN, S/O.K.C.CHOYI, MADATHIL HOUSE, OMASSERY P.O., KOZHIKODE. 28. K.BALAKRISHNAN, S/O.NARAYANA KURUP, KOTTIYERI HOUSE, CHEVARAMBALAM P.O., KOZHIKODE. 29. SASIDHARAN.K., S/O.KRISHNAN NAIR, VAYALORAM, KAYALAM P.O., MAVOOR VIA, KOZHIKODE. 30. P.SREEDHARAN, S/O.VELAYUDHAN, PARAKKANDI HOUSE, VAZHAYUR EAST, RAMANATTUKARA VIA, KOZHIKODE. 31. ABDULKHADER, S/O.AHAMMEDKUTTY, POYILIL HOUSE, PUTHOOR P.O., KODUVALLY VIA, KOZHIKODE. 32. MANOJ P.V., S/O.AVS NAIR, VINOD BHAVAN, CHATHAMANGALAM P.O., REC VIA, KOZHIKODE. 33. CHANDRAN.K., S/O.KUMARAN, VADAKKE KOMMANAMKUZHIYIL HOUSE, KUTTIKKATTOOR P.O. KOZHIKODE. 34. M.KRISHNANUNNI, S/O.A.K.BALAN NAIR, KATTIL PEEDIKAYIL HOUSE, CHEVAYUR P.O. KOZHIKODE. 35. N.DINESHAN, S/O.RARUKUTTY, EDATHIL HOUSE, EDAKKARA P.O., CHELANNUR VIA, KOZHIKODE. 36. ANILKUMAR.V., S/O.GOVINDAN, VALASSERI HOUSE, PARIYADATHU PARAMBA, PUTHIYARA P.O. KOZHIKODE. 37. SUNNY T.P., S/O.POULOSE, THALACHARA HOUSE, MICKAR P.O., THAMARASSERRY, KOZHIKODE. 38. ALI AKBAR.C., S/O.MUHAMMED ALI, CHIRAKKAL HOUSE, KANNIPARAMBA MAVOOR VIA, KOZHIKODE. WP(C).No. 23529 of 2008 -4- 39. RAJENDRAN P., S/O.LATE RAVUNNI NAIR, AKSHAYA BHAVAN, CHOOLOOR P.O., NIT VIA, KOZHIKODE. 40. M.V.RAJAN NAIR, S/O.DAMODARAN NAIR, SRUTHILAYAM, PARAMBIL BAZAR P.O. VELLIMADUKUNNU VIA, KOZHIKODE. 41. C.GOPALAN, S/O.NALLAMBRA, DEESHNI, NAMBONATHIL THAZHATH, KURUVATTOOR P.O. KAKKODI VI, KOZHIKODE. 42. T.P.SIVAN, S/O.SANKARAN, THEKKEPOYILIL HOUSE, EDATHUR P.O., PUTHIYANIRATH, KOZHIKODE. 43. C.RAVEENDRAN, S/O.MOOTHORAN KUTTY, CHALIL HOUSE, KARUVALLUR P.O., NADUVANNUR VIA, KOZHIKODE. 44. PANKAJAKSHAN N.K., S/O.KORAN, NALLAKANDIYIL HOUSE, NARIKUNI P.O., KOZHIKODE. 45. SANTHOSH KUMAR, S/O.GOVINDAN NAIR, SUNIL NIVAS HOUSE, KOLLAM P.O., KOYILANDY. 46. SATHIAN.M.V., S/O.ACHUTHA KURUP, GANGA, CHEEKKILODE P.O., ATHOLI VIA. KOZHIKODE. 47. N.P.NARAYANAN, S/O.LATE KOMAN NAIR, THRIPTHY, VENGERI P.O., KOZHIKODE. 48. SIVARAJAN.K., S/O.KRISHNANKUTTY NAIR, PAVITHRAM, MAYANAD P.O., KOZHIKODE. 49. JANARDHANAN M., S/O.P.K.ACHUTHAN NAIR, MANJAKARA HOUSE, KOTTAMPARAMBA P.O. KOZHIKODE. 50. MUKUNDAN.R., S/O.RAMANKUTTY NAIR, KURUMBRAKANDIYIL HOUSE, PERUVAZHIKADAVU, KUNNAMANGALAM P.O., KOZHIKODE. 51. K.JAYAKUMAR, S/O.K.SAMI, KAILASAM, THAYYIL PARAMBA, KARUVISSERI P.O., KOZHIKODE. WP(C).No. 23529 of 2008 -5- 52. SATHEENDRAN NAIR.P., S/O.RAVUNNI NAIR, NANDANAM HOUSE, MODAKKALLUR P.O., ATHOLI VIA. 53. SREESAN.A., S/O.GOPALAN.A., AREEKKAL HOUSE, KOLLAM P.O., KOYILANDI, KOZHIKODE. 54. SREENIVASAN.V.P., S/O.GOPALAN V.P., SREE NILAYAM, KURUNKULAM KUNIYIL, THIRUVANGOOR P.O., KOZHIKODE. 55. JAYARAJAN P.M., S/O.GOPALAN, GOPIKA, VELLIPARAMBA P.O., KOZHIKODE. 56. DINESAN.P., CHATHUKUTTY, PONGOZHI HOUSE, MEDICAL COLLEGE P.O., UMMALATHUR, KOZHIKODE. 57. A.NARAYANANKUTTY NAIR, ELAMBILAKKATTU HOUSE, CHEVAYOOR P.O., KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, GENERAL ADMINISTRATION (SAINIK WELFARE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHAIRMAN (DISTRICT COLLECTOR), HOSPITAL DEVELOPMENT SOCIETY, MEDICAL COLLEGE, KOZHIKODE. 4. THE HOSPITAL DEVELOPMENT SOCIETY, REP. BY ITS SECRETARY, (SUPERINTENDENT MEDICAL COLLEGE), MEDICAL COLLEGE, KOZHIKODE. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).23529/2008 -------------------- Dated this the 20th day of August, 2008 JUDGMENT The petitioners, 57 in number, are Ex-service men and Ex-police personnel who were working as Security Guards in Medical College, Kozhikode. They claim that they have been working as Security Guards for the past several years. According to the petitioners, though as per Ext.P1, the Government have fixed the daily wages payable to the Security Guards as Rs.170/-, they were being paid only Rs.130/-. When their request for payment of daily wages at the rate fixed in Ext.P1 was declined, the petitioners declared an indefinite strike after giving notice. According to the petitioners, a meeting was held under the auspices of the fourth respondent on 14.7.2008 and an assurance was given that their grievances will be settled. The petitioners allege that contrary to the decision taken on 14.7.2008, the fourth respondent invited tenders from the registered Societies of Ex-servicemen to provide Security Guards for security duty. On noticing the tender notice, a copy of W.P.(C).2329/2008 2 which is Ext.P3, the petitioners submitted Ext.P4 representation to the Secretary to Government, Health and Family Welfare Department and simultaneously filed this writ petition seeking the following reliefs:- (a).Issue a writ of certiorari or any other appropriate writ order or direction, calling for the records leading to Ext.P3 and to quash the original of the same. (b).Writ of mandamus or any appropriate writ order or direction, directing the respondents to proceed with Ext.P2 and settle the grievances of the petitioners. (c).Writ of mandamus or any appropriate writ order or direction, directing the respondents to allow the petitioners to continue as security guard in Medical College Hospital, Kozhikode. (d). Writ of mandamus or any appropriate writ order or direction to the respondents to enhance the wage of the petitioners as provided in Ext.P1. (e).Writ of mandamus or any appropriate writ order or direction, directing the 1st respondent to consider and pass orders on W.P.(C).2329/2008 3 Ext.P4 as expeditiously as possible. 2. A statement has been filed on behalf of respondents 2 and 3 as directed by this Court. It is stated that the petitioners who were Security Guards entered on indefinite strike since 29.7.2008 without prior notice and that due to the strike called at a time when there was threat to security, the Hospital Development Society, at its meeting held on 2.8.2008, decided to appoint Security Guards through recognized Ex-servicemen Co-operative Societies on contract basis. It is also stated that on 14.7.2008, the petitioners abstained from duty and due to their irresponsible act, there was failure of security in the Hospital. It is also stated that on account of the strike, alternate arrangements had to be made to ensure security in the Medical College. On behalf of respondents 2 and 3, it is also stated that the petitioners have no right to claim employment as their period of appointment has already expired. They further state that the petitioners created W.P.(C).2329/2008 4 an unpleasant situation at the main gate and allowed anti social elements to enter the Hospital and destroy the gate. 3. I have considered the submissions made at the Bar by Sri.T.G.Rajendran, the learned counsel appearing for the petitioners and Smt.M.R.Sreelatha, the learned Senior Government Pleader appearing for the respondents. The petitioners are admittedly Security Guards engaged on a casual basis. They have no right to continue to work as Security Guards in the Medical College. In the light of the fact that they abstained from duty on 14.7.2008 and declared an indefinite strike on 29.7.2008, the respondents were justified in making alternate arrangements to ensure security in the Medical College and its premises A large number of patients and visitors come to the Hospital everyday. There are hundreds of inpatients, medical and paramedical staff in the Medical College . If security guards like the petitioners resort to indefinite strike, W.P.(C).2329/2008 5 the authorities concerned cannot be blamed for making alternate arrangements. Further the petitioners were engaged only on daily wages and they have no right to hold the post. The term for which they were engaged has also expired. In such circumstances, I find no merit in the claim made by the petitioners that they are entitled to continue as security guards in the Medical College, Calicut. In the result, writ petition fails and it is accordingly dismissed. If the petitioners are aggrieved by the non payment of the daily wages stipulated in Ext.P1, during the time when they were engaged, they may work out their remedies in other appropriate proceedings. Their contentions in that regard are left open. P.N.RAVINDRAN, Judge mrcs