Petitioners sought employment for themselves as legal heirs of a deceased employee. The Court held that no appropriate relief could be granted. It directed the District Labour Officer to inform petitioners about actions taken on a specific notice.
Petitioners directed to be informed of action taken on notice dated 23.11.2010 and to pass orders thereon.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 8TH DAY OF NOVEMBER 2012/17TH KARTHIKA 1934
WP(C).No. 14731 of 2009 (J)
PETITIONER(S):
C.L.JAYAKUMAR,SON OF LATE C.K.KUTTAN, CHERUVIL VEEDU,PATTITHANAM P.O., ETTUMANOOR.
BY SRI.N.N.SUGUNAPALAN,SENIOR ADVOCATE
BY ADV. SRI.S.SUJIN
SRI.JOJO PAPPACHAN
RESPONDENT(S):
1. STATE OF KERALA,
2. THE DISTRICT LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR OFFICER, KOTTAYAM.
*ADDL.R3 TO R7 IMPLEADED:
**(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 22/10/2009 IN I.A.NO.12833/2009)*
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..2/-
...2.....
WPC.NO.14731/2009 J
**(ADDL.R4 TO R7 ARE IMPLEADED AS PER ORDER DTD. 29/03/2011 IN I.A.NO.5558/11).*
R1 & R2 BY GOVERNMENT PLEADER SRI.VIJU THOMAS R3 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) R3 BY ADV. SRI.GEORGE VARGHESE KIZHAKKAMBALAM R5 & R6 BY ADV. SRI.K.D.BABU,SC,KTWWFB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-11-2012, ALONG WITH WPC.NO. 12333/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC.NO.14731/2009 J
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
/TRUE COPY/
P.S.TO JUDGE
Kss
A.M.SHAFFIQUE, J.
---------------------------------------------------W.P.(C) Nos. 14731 pf 2009 - J & 12333 of 2011 - N
--------------------------------------------------Dated this the 8th day of November, 2012
J U D G M E N T
Petitioners in both these writ petitions makes a claim for an employment on account oof death of one Sri.C.K.Kuttan as
early as in 1992. One of the petitioner is the wife and the other is the son of Sri.C.K.Kuttan. Their main contention is that they are entitled to be appointed since the Board has appointed several persons by applying the dying-in-harness scheme. Admittedly, there is no such scheme pending. However, the Labour Officer seems to have made certain adjudication with reference to the Scheme. Ext.P19 in W.P.(C) No. 12333/2011 is the final intimation received by way of a notice to the petitioners.
2
W.P.(C) Nos. 14731 pf 2009 - J & 12333 of 2011 - N
3
W.P.(C) Nos. 14731 pf 2009 - J & 12333 of 2011 - N
These writ petitions are disposed of accordingly.
A.M.SHAFFIQUE, JUDGE.
rka
2 issues framed by the court
Whether the High Court can grant relief for employment claims based on the dying-in-harness scheme.
What direction should be given to the District Labour Officer regarding further steps on a pending notice.
C.L. JAYAKUMAR
STATE OF KERALA
DISTRICT LABOUR OFFICER, KOTTAYAM
JAYESH
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
