Allowed

V.L.Thulaseedharan v. Kseb

Kerala HC19 Dec 2011WP(C)/19616/2004

Case brief

AI extract

What is this about?

In a writ petition regarding service regularisation, designation upgrades, and back wages, the court observed that the petitioner performed duties as an Electricity Worker while designated as a Trainee. The court directed the respondents to grant the petitioner differential pay for the specified period within three months of receiving the judgment copy, while disposing of the remainder of the matt

What did the court decide?

The petitioner shall be given the differential pay for the period he worked as 'Worker Trainee' within three months from the date of receipt of a copy of this judgment.

V.L.Thulaseedharan Vs Kseb — Labour and Industrial Disputes | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE B.P.RAY

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MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933

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WP(C).No. 19616 of 2004(I)

PETITIONER:

V.L.THULASEEDHARAN, SUDARSANA MANDIRAM, EDAYAM, PERUMANOOR P.O. KOTTARAKKARA, (FORMER WORKER, ELECTRICAL MAJOR SECTION, VALAKOM).

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BY ADV. SRI.T.S.RAJASENAN

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RESPONDENTS:

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THE KERALA STATE ELECTRICIAL BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVNANTHAPURAM -4.

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THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KOTTARAKKARA.

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THE ASSISTANT ENGINEER, ELECTRICAL MAJOR SECTION, VALAKOM, KOTTARAKKARA.

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THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, ANCHAL, KOLLAM DISTRICT.

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ADV. SRI.K.S.ANIL, SC, KSEB

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SRI. ASOK M.CHERIYAN, SC, KSEB SRI.PULIKOOL ABUBACKER, SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO. 19616/2004

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: 2:

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APPENDIX

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PETITIONER'S EXHIBITS:

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: TRUE COPY OF THE JOINING REPORT OF THE PETITIONER DATED 08.11.1993.

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EXT.P1 : TRUE COPY OF THE JOINING REPORT OF THE PETITIONER DATED 08.11.1993.

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EXT.P2 : TRUE COPY OF THE SERVICE DETAILS OF THE PETITIONER ISSUED BY THE 4TH RESPONDENT DATED 21.01.2002.

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EXT.P3 : TRUE COPY OF THE ORDER B.O.NO.EV.III/774/73 DT.23.11.1973 ISSUED BY THE FIRST RESPONDENT.

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EXT.P4 : TRUE COPY OF THE BIO-DATA AND ENTRY AS WORKER

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: TRUE COPY OF THE BIO-DATA AND ENTRY AS WORKER IN THE SERVICE BOOK OF THE PETITIONER BY THE 2ND RESPONDENT DATED 04.04.1997.

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: TRUE COPY OF THE REPRESENTATION OF THE PETITIONER TO THE RESPONDENT DATED 10.11.1986.

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EXT.P5 EXT.P6

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: TRUE COPY OF THE REPRESENTATION OF THE PETITIONER TO THE HON'BLE MINISTER FOR ELECTRICITY DT. 25.11.1987.

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EXT.P7 : TRUE COPY OF THE LETTER NO.LA.IV.22/91 DT. 06.04.1995 ISSUED BY THE 1ST RESPONDENT.

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EXT.P8

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EXT.P9

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: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS DT. 12.04.1995.

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: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND THREE OTHERS TO THE CHAIRMAN K.S.E.B DT. 20.07.1995.

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EXT.P10 : TRUE COPY OF THE ORDER B.O. NO.340/96/SC/LTS/IX-3(VI)/95 DT. 16.02.1996 ISSUED BY THE 1ST RESPONDENT.

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EXT.P11

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EXT.P12

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: TRUE COPY OF THE REPRESENTATION TO THE CHAIRMAN, K.S.E.B. BY THE PETITIONER DT.02.09.1996.

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: TRUE COPY OF THE SERVICE DETAILS LETTER NO.EB1/PTC/96/1045 DT. 09.10.1996 ISSUED BY THE 3RD RESPONDENT TO THE DY. CHIEF ENGINEER, KOTTARAKKARA.

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EXT.P13 : TRUE COPY OF THE LETTER NO.EB1/10/97/1312 DT. 11.03.1997 ISSUED BY THE DEPUTY CHIEF ENGINEER.

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W.P.(C) NO. 19616/2004

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: 3:

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PETITIONER'S EXHIBITS:

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EXT.P14 : TRUE COPY OF THE LETTER NO.EB1/16/96-97 DT. 25.03.1997 ISSUED BY THE 2ND RESPONDENT.

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EXT.P15 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE CHIEF ENGINEER (GENERAL) THIRUVANANTHAPURAM DT.09.04.1997.

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EXT.P16 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DT. 12.01.1999.

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EXT.P17 : TRUE COPY OF THE JUDGMENT IN O.P. NO. 19162/1996 DT. 06.06.2003 OF THE HON'BLE HIGH COURT OF KERALA.

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EXT.P18 : TRUE COPY OF THE COVERING LETTER ALONG WITH THE JUDGMENT TO THE 1ST RESPONDENT BY THE PETITIONER DATED 28.07.2003.

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EXT.P19 : TRUE COPY OF THE COVERING LETTER ISSUED BY THE MLA TO THE HONOURABLE MINISTER FOR ELECTRICITY ALONG WITH THE PETITIONER'S REPRESENTATION DT. 13.07.2001.

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EXT.P20 : TRUE COPY OF THE CONTEMPT NOTICE SEND TO THE 1ST RESPONDENT BY THE PETITIONER'S COUNSEL DT. 18.12.2003.

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EXT.P21 : TRUE COPY OF THE REJECTION ORDER NO.LAS.IV/17837/96 DT. 02.01.2004 ISSUED BY THE 1ST RESPONDENT.

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EXT.P22 : TRUE COPY OF THE N.M.R. REGISTER FOR WORK ARRANGEMENT AS ELECTRICITY WORKER BY THE RESPONDENTS DT. 01.10.1986 AND 30.06.1987.

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RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No. 19616 of 2004

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- - - - - - - - - - - - - - - -

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Dated this the 19^th day of December, 2011.

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JUDGMENT

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The petitioner has filed this writ petition with the following

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prayers:

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Issue a writ of certiorari or such other writ quashing Ext.P21 as it is illegal and void.

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declare that the petitioner is an electricity worker with effect from 03.11.1984 to 04.04.1997.

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to issue a writ of mandamus or such other writ, order or direction to 1^st respondent to grant the back wages and all the consequential benefits of worker w.e.f. 03.11.1984 to 04.04.1997 with 12% interest.

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to declare that the petitioner is also entitled for relaxation of age limit and regularisation as Electricity worker as granted to the petitioner's juniors as per the orders of the Board, Exts.P7, P10 and long term settlements of 1978, 1991 and 1995.

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The case of the petitioner is as follows:

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The petitioner entered service on 08.11.1993 as a part time sweeper. Thereafter he was transferred to the Electrical Major Section, Anchal. While continuing in the Electrical Section, he was promoted as Electricity worker on 03.11.1984. Even though he was worked as an electricity worker from 03.11.1984 to 04.04.1997, he was paid only the salary of a part-

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W.P.(C) No. 19616/2004

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-:2:-

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time sweeper. But similarly placed persons were given age relaxation and their services were regularised. The petitioner approached this Court by filing O.P. No. 19162 of 1996. This Court as per order dated 06.06.2003 directed the respondents to consider the petitioner's claim and pass orders on Ext.P6 in the light of the stand taken by the Board and also directed to grant consequential benefits. By Ext.P21 order, the 1^st respondent has rejected the claim of the petitioner. Hence this writ petition.

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Heard the learned counsel for the petitioner and the learned counsel for the respondents.

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The learned counsel for the first respondent -Board submits that the petitioner was posted as a 'Worker Trainee' with effect from 03.11.1984 without any change of pay and allowances.

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In the reply affidavit filed by the petitioner it is stated that even though the petitioner's post was designated as a 'Worker Trainee' from 03.11.1984 to 04.04.1997, he has been discharging the duties of Electricity worker along with other Electricity workers under the 3^rd respondent and he produced Ext.P22 NMR Register to support the same.

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Even though there is a direction to pay consequential

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W.P.(C) No. 19616/2004

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-:3:-

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benefits in pursuance to the work done by the petitioner, the same has not been paid. Therefore, I direct that the petitioner shall be given the differential pay for the period he worked as 'Worker Trainee' within three months from the date of receipt of a copy of this judgment.

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This writ petition is disposed of as above.

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sd/- B.P. RAY, JUDGE.

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W.P.(C) No. 19616/2004

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-:4:-

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B.P. RAY, J.

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O.P.No. 13887 of 2002

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Dated this the 16^th day of November, 2011.

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JUDGMENT

V.L.Thulaseedharan v. Kseb

Case brief

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V.L.Thulaseedharan v. Kseb

Case brief

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