Petitioners challenged denial of employment by KSCSC alleging violation of settlement. Court observed no vacancy existed for the specific outlet and rejected prayer to direct Minister, noting only the Labour Commissioner could address such grievances where scope for engagement exists.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 8TH DAY OF DECEMBER 2016/17TH AGRAHAYANA, 1938
WP(C).No. 32366 of 2015 (U)
PETITIONER(S) :
1. SUPPLY-CO WORKERS' FEDERATION (AITUC), REPRESENTED BY ITS SECRETARY, JIRAR P.A, AGED 47 YEARS, S/O. ABDUL RAHMAN RESIDING AT VADAKKEDATH PARAMBIL, EDAVANAKKAD P.O, ERNAKULAM 682 502.
2. SHEEBA JOLLY, AGED 40 YEARS, W/O.JOLLY, NADATHIPARAMBIL HOUSE, 17/18534, PERUMPADAPPU P.O, COCHIN 6.
3. SUNITA HASSAN, AGED 39 YEARS, W/O.HASSAN, CHIRAYILPARAMBU HOUSE NO. 21/1031-A, PALLURUTHY, COCHIN 6.
4. K.A.FILO, AGED 42 YEARS, S/O. ANTONY, KOLAVELIPARAMBIL HOUSE, PATHINETTUKANDAM, PALLURUTHY, COCHIN 6.
BY ADVS. SRI.A.JAYASANKAR SRI.C.V.MANUVILSAN SRI.MANU GOVIND SRI.S.SABARINADH
RESPONDENT(S) :
1. THE KERALA STATE CIVIL SUPPLIES CORPORATION, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI 682 015.
2. THE CHAIRMAN AND MANGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI 682 015.
3. THE REGIONAL MANAGER, SUPPLYCO REGIONAL OFFICE, MAVELI BHAVAN, GANDHI NAGAR, KOCHI 682 015.
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WP(C).No. 32366 of 2015 (U)
4. THE ASSISTANT MANAGER, SUPPLYCO TALUK DEPOT, KOCHI, ERNAKULAM 682 006.
5. THE DISTRICT LABOUR OFFICER, CIVIL STATION ERNAKULAM, CIVIL STATION ROAD, KAKKANAD, ERNAKULAM 682 030.
R1 TO R4 BY ADV. SHRI N.D.PREMACHANDRAN, S.C ADV. SMT.MOLLY JACOB, S.C R5 BY GOVERNMENT PLEADER SMT. POOJA SURENDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 32366 of 2015 (U)
APPENDIX
PETITIONER(S)' EXHIBITS :
RESPONDENT(S)' EXHIBITS :
EXHIBIT R1(A): A COPY OF THE CIRCULAR NO. A6/5330/2011 DATED 01.09.2012 ISSUED BY THE CORPORATION.
EXHIBIT R1(B): A COPY OF THE LETTER GIVEN BY THE 3RD RESPONDENT. EXHIBIT R1(C): A COPY OF THE LETTER GIVEN BY THE 4TH RESPONDENT. //TRUE COPY//
P.A.TO JUDGE.
Msd.
A. MUHAMED MUSTAQUE, J.
W.P.(C) No. 32366 of 2015
Dated this the 8th day of December, 2016
J U D G M E N T
the daily rated temporary workers engaged by the Kerala State Civil Supplies Corporation at Palluruthi outlet. The petitioners have approached this Court, alleging denial of engagement in violation of Ext.P3 memorandum of settlement entered before the Labour Commissioner.
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W.P.(C) No. 32366 of 2015
business at Palluruthy reached below 10,00,000/- and₹ therefore, as per the norms, no person can be engaged unless the business is improved.
3.This Court is of the view that if there is any scope for engagement and that has been denied, certainly, the petitioners are free to take up the matter to the Labour Commissioner, who shall address the grievance of the petitioners. However, taking note of the fact that there is no vacancy in the outlet at Palluruthy, this Court cannot direct the authorities to engage the petitioners at Palluruthy outlet.
W.P.(C) No. 32366 of 2015
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authority to consider the same. But, without there being any legal right, this Court cannot direct any authority to consider Ext.P6. Accordingly, the prayer for consideration of Ext.P6 is rejected.
Sd/- A. MUHAMED MUSTAQUE JUDGE
bka/-
3 issues framed by the court
Whether the Court can direct the Respondents to engage petitioners as daily rated temporary workers.
Whether the Court can direct the Minister to consider representations regarding employment grievance.
Whether the petitioners have a legal right to engagement denied due to lack of vacancies.
SUPPLY-CO WORKERS' FEDERATION (AITUC)
SHEEBA JOLLY
SUNITA HASSAN
K.A.FILO
KCostalad State CIVIL SUPPLIES CORPORATION
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
