Disposed

Shyju K.A. v. Kerala Electrical and Allied Engineering Company Limited (Kel)

Kerala HC6 Dec 2018WP(C)/27091/2017

Case brief

AI extract

What is this about?

Petitioners sought direction to publish rank list and regular appointments for unskilled workers. The High Court relied on a prior judgment, noted financial stringency, and disposed of the petition by applying directions issued in a related case regarding provisional engagement.

What did the court decide?

No directions granted for rank list publication or regular appointments; Court applied directions from a related writ to engage petitioners provisionally.

Shyju K.A. Vs Kerala Electrical and Allied Engineering… — Company and Corporate | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY ,THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940

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WP(C).No. 27091 of 2017

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PETITIONER/S:

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1 SHYJU K.A. S/O.AYYAPPAN KUTTY, AGED 40 YEARS, KAPPUMKUZHIYIL, THALAPPUZHA (VIA), VALAT P.O., WAYANAD-670644.

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2 VINOD C. S/O.VELAYUDHAN C., AGED 41 YEARS, CHENIYATH HOUSE, ELETTIL P.O., KODUVALLY VIA, KOZHIKODE-673572.

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3 BHARATHI P.C. AGED 39 YEARS, PUNCHAVAYAL HOUSE, NENMENI, SULTHAN BATHERY, WAYANAD-673592.

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4 PARVATHI K.A. D/O.ANANTHAN, AGED 39 YEARS, KOLIMOOLA HOUSE, CHULLIYODE P.O., SULTHAN BATHERY VIA, WAYANAD-673592.

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5 PUSHPALATHA O.R.

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D/O.RAMAN, AGED 42 YEARS, OZHUKOLLI HOUSE, CHERUKATTUR P.O., PANAMARAM VIA, WAYANAD-670645.

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6 SREERAMAN O. S/O.KAYAMA, AGED 39 YEARS, ODAVAYAL HOUSE, KALATHUVAYAL P.O., AMBALAVAYAL VIA, WAYANAD-673593.

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7 PRASANTH P.S.

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S/O.SASI, AGED 38 YEARS, PATHRAKADAVIL HOUSE, THURUTHIPPURAM, MOOTHAKUNNAM P.O., ERNAKULAM-683516.

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8 BIJU T.K. S/O.K.P.KUTTAPPAN, THAKADIPURATH HOUSE, CHERUVALLY P.O., MANIMALA VIA, KOTTAYAM-686543.

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9 NIJIL MOHAN S/O.MOHANAN V.M., AGED 37 YEARS, THAIKKALATE, KARATHUR P.O., KOZHIKODE-673571.

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10 SUJI KUMAR T.

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S/O.THOMAS V., AGED 37 YEARS, SUJI BHAVAN, PARAKKOTTU KUZHY, PANNIYOD P.O., THIRUVANANTHAPURAM-695575.

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WP(C).No. 27091 of 2017

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BY ADVS. SRI.T.B.HOOD SMT.M.ISHA SRI.AMAL KASHA SRI.P.E.SAJAL

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RESPONDENT/S:

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1 KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LIMITED (KEL) REPRESENTED BY ITS MANAGING DIRECTOR, 7TH FLOOR, HOUSING BOARD OFFICE COMPLEX, PANAMPILLY NAGAR, KOCHI-682036.

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2 MANAGING DIRECTOR KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LIMITED (KEL), 7TH FLOOR, HOUSING BOARD OFFICE COMPLEX, PANAMPILLY NAGAR, KOCHI-682036.

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3 GENERAL MANAGER PA

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KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LIMITED(KEL), 7TH FLOOR, HOUSING BOARD OFFICE COMPLEX,PANAMPILLY NAGAR, KOCHI-682036.

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4 KITCO LIMITED REPRESENTED BY ITS MANAGING DIRECTOR,FEMITH'S, PB NO.4407, PUTHIYA ROAD, NH BYEPASS, VENNALA, KOCHI-682028.

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BY ADVS.

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SRI.M.K.THANKAPPAN, SC, KEL SRI.M.GOPIKRISHNAN NAMBIAR SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.M.K.THANKAPPAN SC KEL SRI.NITHIN GEORGE SRI.PAULOSE C. ABRAHAM SRI.P.GOPINATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 27091 of 2017

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JUDGMENT

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The petitioners, who appeared for

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selection for appointment to the post of Unskilled Workers under the 1^st respondent, filed this writ petition seeking a direction to the respondents to publish the rank list for selection to the post of unskilled workers pursuant to Ext.P1 notification, pointing out that the interview was held as early as on 27.05.2015. They also sought for a direction to the respondents to make regular appointments on the basis of rank list to be prepared.

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2. The respondents filed a counter affidavit stating that the rank list was already published

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on the basis of Ext.R1(d) judgment dated 14.06.2017 in W.P.(C) No.16363/2017. In that judgment, this Court directed in Paragraph 4 is as follows:

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WP(C).No. 27091 of 2017

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“4. However, the publication of rank list will not give rise to any right for the petitioner for appointment in the Company, unless and until there is requirement of personnel. Finalization of the rank list and its publication need not be held up, at this stage as it need be operated only when the Company revives within a period of two or three years of its publication.”

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3. The respondents have pointed out the

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financial stringency faced by them. However in case the respondents require any unskilled workers on temporary basis, the respondents shall

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engage the persons, who are included in the rank list, on provisional basis as in the case of Employment Exchange hands. I have already disposed of another W.P.(C) No.31589/2018 on 05.12.2018. Therefore the directions therein shall apply to the petitioners in this case also.

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Accordingly, this writ petition is

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disposed of.

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Sd/P.V.ASHA JUDGE

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WP(C).No. 27091 of 2017

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE MATHRUBHUMI THOZHIL	REPORT PUBLISHED IN THE VARTHA DATED 07-06-2014.
EXHIBIT P2	TRUE COPY OF THE ISSUED BY THE 4TH PETITIONER FOR WRITT	MEMO DATED 15-12-2014 RESPONDENT TO THE 1ST EN TEST ON 10-01-2015.
EXHIBIT P3	TRUE COPY OF THE ISSUED BY THE 4TH PETITIONER FOR PHYSI	MEMO DATED 11-03-2015 RESPONDENT TO THE 1ST CAL TEST ON 29-03-2015.
EXHIBIT P4	TRUE COPY OF THE IN 2015 ISSUED BY THE PETITIONER.	TERVIEW MEMO DATED 13-05- 3RD RESPONDENT TO THE 1ST

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R1(A)	TRUE COPY NO.101/2003	OF /ID DA	THE GOVT.ORDER NO.GO(MS) TED 06.09.2003.
EXHIBIT R1(B)	TRUE COPY 73/2003/ID	OF DATED	THE GOVT.ORDER NO.GO(P) 24.06.2003.
EXHIBIT R1(C)	TRUE COPY PASSED ON RESPONDENT	OF THE THE COMPAN	RESOLUTION DATED 27.12.16 246TH BOARD MEETING OF Y.
EXHIBIT R1(D)	TRUE COPY W.P.(C) NO.	OF THE 16363/	JUDGMENT DATED 14.06.17 IN 2017.

Shyju K.A. v. Kerala Electrical and Allied Engineering Company Limited (Kel)

Case brief

What is this about?

What did the court decide?

Shyju K.A. v. Kerala Electrical and Allied Engineering Company Limited (Kel)

Case brief

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What did the court decide?

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