IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 24048 of 2009(A) -------------------------- PETITIONER(S): --------------- 1. S.KRISHNAKUMAR, S/O.SIVASANKARA PILLAI, THEKKEKKARA PUTHEN VEEDU, TC NO.18/2120, ANNOOR, THIRUMALA P.O., THIRUVANANTHAPURAM. 2. RAJAN J., S/O.JOHNSON, VARUVILA VEEDU, KOOTALIKKONAM, CHAIKKOTTUKONAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. 3. MADHUSOODHANAN NAIR, S/O.BALAKRISHNA PILLAI, TC NO. 41/574, SANGEETHA NAGAR, THYCAUD P.O., THIRUVANANTHAPURAM. 4. SHAINU, S/O.DAVID,PANANINNAMUNDUVIRALI, VADAKKEVEEDU, CHANI, KANJIRAMKULAM P.O., THIRUVANANTHAPURAM. 5. J.JAYAKUMAR, S/O.JOSHIVA, POTTAVILA VEEDU, KALLIYOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.V.R.GOPU SRI.S.CHANDRASEKHARAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL, GOVERNMENT AYURVEDA COLLEGE, THIRUVANANTHAPURAM. 3. DIRECTOR, GOVERNMENT AYURVEDA RESEARCH INSTITUTE, POOJAPPURA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).24048/2009 -------------------- Dated this the 25th day of September, 2009 JUDGMENT Petitioners are working as labourers in the medicinal plant garden of Government Ayurveda Research Institute, Poojappura, on daily wage basis. Their grievance is essentially that they are not being given sufficient employment and that the wages are not paid every month as well. 2. A statement has been filed on behalf of the 2nd respondent as directed by this Court. Relevant portion of the statement reads as follows:- The Committee is entrusted to discuss the activities to be adopted for every month, number of labours to be employed, to recommended posting of labours, purchase of raw materials etc. Accordingly, the Committee is to decide the number of labours to be employed on daily wages in each month, which may extended upto 15 to 16 labours. These labours are not appointed W.P.(C).24048/09 2 against the existing vacancy, but for daily wages for gardening. The attendance statement of these daily wage labourers is forwarded from the Unit head of the Pharmacognosy (SRO (Botany) to the Principal, Government Ayurveda College, at the end of every month and Principal will approve the list and necessary orders will be issued for payment. The wages of each month will be disbursed to the next month itself. Hence there is no delay in payment of the wages as contended by the petitioners. It is submitted that there has been no fund in the budget allotment for 2009-2010 for wages and payment is being made by re appropriating amount from other head of account under the control of the Principal. Thus there is no delay in the payment of wages as contended by the petitioners. 3. I heard learned counsel on both sides. In my view, the grievance highlighted by the petitioners in Ext.P4 may be looked into by the 2nd respondent. This shall be done within two months from the date of receipt of a copy of this W.P.(C).24048/09 3 judgment, untrammelled by the stand taken by the Government. Writ petition is disposed of as above. V.GIRI, Judge mrcs