IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WP(C).No. 38500 of 2010(J) -------------------------- PETITIONER(S): --------------- 1. SANTHAKUNJAN, W/O.KUNJAN, CASUAL LABOURER/FARM ASSISTANT, UNIVERSITY LIVE STOCK FARM, KERALA AGRICULTURAL UNIVERSITY P.O.MANNUTHY, THRISSUR DT. (K.A.U.LIVE STOCK AND FODDER CONTRACT LABOUR COLLEGE CAMPUS, MANNUTHY, THRISSUR - 680 651). 2. VINOD, S/O.VIJAYAN, -DO- 3. AJITH KUMAR, S/O.PARAMESWARAN NAIR, -DO- 4. DENCY GEORGE, S/O.GEORGE, -DO- 5. VARGHESE V.M., S/O.MOSSES, -DO- 6. SUJA M.K., W/O.AJI P.G., -DO- 7. SUMA, W/O.VINOD, -DO- 8. BIJU C.J., S/O.JOSE C.L., -DO- 9. BINU, S/O.VIJAYAN, -DO- 10. SUBI SURESH, W/O.SURESH, -DO- 11. JAYADEVAN T.B., S/O.T.M.BALAKRISHNAN, -DO- 12. LIJO P.LAZAR, S/O.P.T.LAZAR, -DO- 13. PRASAD.A., S/O.RAMADAS A. -DO- 14. PRAVITHA SASI, S/O.SASI, -DO- 15. SRIBIN.K., S/O.KUTTINARAYANAN, -DO- 16. VINU M.V., S/O.VENUGOPAL, -DO- 17. ANOOP K.S., S/O.SASEENDRAN, -DO- 18. MANU PRASAD K.V., S/O.VIJAYAKUMAR, -DO- 19. ANIL E.P., S/O.PARAMESWARAN NAIR, -DO- 20. AJITHKUMAR, S/O.PARAMESWARAN NAIR, -DO- 21. UNNIKRISHNAN K.N., S/O.NARAYANAN, -DO- 22. MANJU THANKAPPAN, W/O.THANKAPPAN, -DO- 23. SUBI SURESH, W/O.SURESH, -DO- 24. SURENDRAN O.S., S/O.SREEDHARAN NAIR, -DO- 25. USHA SURENDRAN, W/O.SURENDRAN, -DO- 26. PRAJESH P.V., S/O.VIJAYAN, -DO- 27. DENCY GEORGE, S/O.GEORGE, -DO- 28. SIVADASAN K.R., S/O.PADMINI, -DO- BY ADV. SRI.K.P.SAILESH (KECHERY) RESPONDENT(S): --------------- 1. THE KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, VELLANIKKARA, THRISSUR (DT), PIN - 680 656. 2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR (DT), PIN - 680 656. 3. THE VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR (DT), PIN - 680 656. 4. EXECUTIVE COMMITTEE, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR (DT), PIN - 680 656. 5. PROFESSOR AND HEAD, UNIVERSITY LIVE STOCK FARM, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY (PO), THRISSUR (DT), PIN - 680 651. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF AGRICULTURE AND FARMS (LIVE STOCK) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. ADV. SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVER FOR R1-5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 38500 of 2010-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2011. JUDGMENT This writ petition is filed by the petitioners seeking various reliefs including a direction to the respondents to take immediate necessary effective steps to regularise the service of the petitioners by absorbing them in regular vacancies to be created for them and to give retrospective effect to such regularisation. 2. According to the petitioners, they have been engaged as Livestock workers/Assistants of the University at Mannuthy, Thrissur. Petitioners 1 to 10 have been continuing in the livestock farm from the year 1998 onwards and all other remaining petitioners have been working from different subsequent period onwards. The engagement in the livestock farm is on contract basis and they have been continuing without any break also. 3. Ext.P1 is said to be a representation filed by the petitioners seeking regualrisation. They have also referred to the direction contained in Exts.P2 and P3 judgments rendered in respect of cases filed by certain other persons. wpc 38500/2010 2 4. On behalf of the fifth respondent, a statement has been filed. The sum and substance of the contention raised is that the petitioners are not engaged directly by the University. It is pointed out that the claim of the petitioners that they are labourers engaged as livestock workers/Assistants of the University, is baseless and in the University there is no post of livestock worker/Assistant. The petitioners are workers employed by a quotationer who has submitted a quotation in accordance with a quotation notice published from the livestock station for the specified works in the station, as per the norms fixed for quotation. Hence, they are workers working on a piece-rate basis under a quotationer. The casual and permanent labourers in Kerala Agricultural University are selected and appointed as per the existing rules in the University. A person who has worked for piece rate basis for a specified work cannot be considered as a regular labourer in the University. The University has no evidence for their identity and therefore nothing can be done in the matter. In the light of the above contentions raised by the University, whether the petitioners are directly engaged by them or not is a disputed question of fact which cannot be resolved in a writ petition like this. The petitioners have not produced any other documents also to show that they have been engaged directly by the University. Apart from that, there is no scheme for wpc 38500/2010 3 regularisation of any of such persons engaged by the quotationers who have undertaken the execution of the work in the University. For all these reasons, the writ petition is dismissed. It is made clear that the issue that is considered herein, is only with regard to the claim for regularisation. No costs. (T.R. Ramachandran Nair, Judge.) kav/