Disposed

K.L.Rukmini v. Kerala State Electricity Board

Kerala HC17 Dec 2016WP(C)/19180/2013

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the denial of service regularization. Relying on prior judgments, the Court directed the respondent Board to consider and decide the petitioner's regularization claim within three months.

What did the court decide?

Directed the Board to consider the petitioner's claim for regularization within three months from the date of receipt of the judgment.

K.L.Rukmini Vs Kerala State Electricity Board — Pension and Retirement Benefits | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

SATURDAY, THE 17TH DAY OF DECEMBER 2016/26TH AGRAHAYANA, 1938 WP(C).No. 19180 of 2013 (V)

¶5

ID 12/1998 OF INDUSTRIAL TRIBUNAL, IDUKKI ----------------

¶6

PETITIONER: -----------

¶7

K.L.RUKMINI, D/O.KRISHNAN, KANATTU HOUSE, NEENDAPARA P.O, ERNAKULAM DISTRICT.

¶8

BY ADV. SRI.P.M.PAREETH

¶9

RESPONDENT(S):

¶10

1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VIDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695004.

¶11

2. THE EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, VAZHATHOPPU, IDUKKI 685 602.

¶12

3. THE EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, KARIMANAL, IDUKKI - 685 603.

¶13

4. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, PAMBLA, IDUKKI 685 603. BY SMT.ANEETHA A.G., SC

¶14

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-12-2016, ALONG WITH WPC. 5894/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

K.V.

¶16

WP(C).No. 19180 of 2013 (V)

¶17

APPENDIX

¶18

PETITIONER(S)' EXHIBITS

¶19

---------- EXT.P-1:	------------- A TRUE PHOTOCOPY OF THE WORK ORDER DATED 31-12-1992 FOR THE PERIOD FROM 1.1.1993 TO 31.1.1993 ISSUED BY THE 3RD RESPONDENT.
EXT.P-2:	A TRUE PHOTOCOPY OF THE WORK ORDER DATED NIL FOR 1.2.1993 TO 31.3.1993.
EXT.P2(A):	A TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED BY EMPLOYMENT OFFICER, EMPLOYMENT EXCHANGE, KOTHAMANGALAM.
EXT.P-3:	A TRUE PHOTOCOPY OF THE AWARD DATED 31.3.05 IN ID NO.12/98
EXT.P-4:	A TRUE PHOTOCOPY OF THE COUNTER AFFIDAVIT DATED 13.6.2013 FILED BY THE BOARD IN THE WRIT PETITION (CIVIL) NO.5894/2013.

¶20

RESPONDENT(S)' EXHIBITS NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

A. MUHAMED MUSTAQUE, J.

¶25

W.P.(C) No. 19180 of 2013

¶26

Dated this the 17^th day of December, 2016

¶27

J U D G M E N T

¶28

1.The petitioner filed this writ petition challenging the award dated 31.01.2005 in ID No.12/1998 on the file of the Industrial Tribunal, Idukki. The petitioner claims regularization of service under the Kerala State Electricity Board (for short, “the Board”).

¶29

2.This Court is of the view that the challenge in the year 2013 against the award in ID No.12/1998 is not maintainable inasmuch as the said award was passed on 31.01.2005. This Court, in WP(C) No.21068/2006

¶30

filed by the Board challenging the award in ID No.12/1998, observed that, that judgment will not stand in the way of regularization in accordance with law on account of the subsequent engagement of the 14 persons, whose cause was espoused in the industrial dispute. Accordingly, this Court is of the

¶31

..2..

¶32

W.P.(C) No. 19180 of 2013

¶33

view that the challenge as against the denial of regularization in ID No.12/1998 has been concluded by the common judgment of this Court in W.P.(C) Nos. 21068 of 2006 & 226 of 2014.

¶34

3.The petitioner had also filed WP(C) No.5894/2013 challenging the order, regularizing certain contractual employees in the service of the Board. This Court disposed of the said writ petition, holding that the petitioner shall be considered for regularization.

¶35

4.Therefore, this writ petition is disposed of, directing the Board to consider the claim of the petitioner in the light of the judgment in WP(C) Nos. 21068 of 2006 & 226 of 2014 as also the judgment in WP(C) No.5894/2013 and in the light of the above observation, within a period of three months from the date of receipt of a copy of this judgment.

¶36

Sd/- A. MUHAMED MUSTAQUE JUDGE

¶37

bka/-

K.L.Rukmini v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

K.L.Rukmini v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sarada Vs S.Venkatesapathy

Thomas Vs Anil Kumar

Suchetha Vs Mini Kumari

Gireesh Kumar Vs Joint Registrar of Co-Operative Societies

The Secretary,K.S.E.B,Trivandrum Vs Industrial Tribunal

Aboobaker Kunju Vs Recovery Officer,Employees P.F.Organisat