Disposed

Unnikrishnan K. R., v. the State of Kerala

Kerala HC15 Sept 2022WP(C)/1024/2022

Case brief

AI extract

What is this about?

The Court issued a direction to the Manjeri Municipality and the District Employment Officer to fill existing vacancies of contingent workers through the employment exchange system within two months, acknowledging this as admitted by the respondents.

What did the court decide?

Direction to respondents 3 and 4 to fill existing vacancies of contingent workers in the Municipality through the employment exchange within two months.

Unnikrishnan K. R., Vs the State of Kerala — Labour and Industrial Disputes | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 15^TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944

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WP(C) NO. 1024 OF 2022

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PETITIONERS:

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1 UNNIKRISHNAN K. R.,

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AGED 44 YEARS

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S/O. RAMANKUTTY K.R, RESIDING AT KARUNAKARAPARAMBIL HOUSE, CHATHALLOOR (EAST), EDAVANNA (VIA), MALAPPURAM DISTRICT-676 541

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2 SURESH K,

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AGED 43 YEARS

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S/O. CHOYI, RESIDING AT KARIYAT HOUSE, VAZHAKKAD (VIA), CHERUVAYOOR P.O, MALAPPURAM DISTRICT-673 640.

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3 UNNIKRISHNAN A.P,

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AGED 44 YEARS

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S/O. CHIRUTHAKUTTY, RESIDING AVUNHIKKATTUPARAMBIL HOUSE, CHERUVAYOOR P.O, VAZHAKKAD, MALAPPURAM DISTRICT 673 640.

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4 VALSARAJAN A.P,

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AGED 42 YEARS

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RESIDING AT AVUNHIKKADPARAMBIL, CHERUVAYUR, VAZHAKKAD, MALAPPURAM DISTRICT-673 640

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5 PRAMODKUMAR P,

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AGED 46 YEARS

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S/O.KUNHAN P, RESIDING AT PERUNGOTTUMMAL HOUSE, PULIYAKKODE P.O, KADUNGALLUR, KUZHIMANNA (VIA), MALAPPURAM DISTRICT-673 641

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6 SURESH BABU P, AGED 46 YEARS

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S/O. NEELANDAN, PAINKULAVAN, KOTHODIYIL HOUSE, AKKAPARAMBA P.O, KUZHIMANNA-673 641

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7 ASSAIN C,

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S/O. ABDULLA, RESIDING AT CHOLAKKAL (H), MANJERI COLLEGE P.O, MANJERI, MALAPPURAM-671 122.

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8 ABHILASH KALARIKKAL,

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WP(C) NO. 1024 OF 2022

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AGED 39 YEARS S/O. BHASKARAN PANIKKAR, KUNNATHERI HOUSE, MORAYUR P.O, MALAPPURAM-673 649

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BY ADVS. ANOOP.V.NAIR RAMESH CHAND DEVI P. A.K.ANANDA KRISHNAN

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RESPONDENTS:

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1 THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 DIRECTOR OF URBAN AFFAIRS, DIRECTORATE OF URBAN AFFAIRS, 1ST FLOOR, SWARAJ BHAVAN, NANTHANCODE P.O, THIRUVANANTHAPURAM-695 003.

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3 THE MANJERI MUNICIPALITY, KARUVAMBRAM, MANJERI P.O, MALAPPURAM DISTRICT-676 121, REPRESENTED BY ITS SECRETARY.

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4 THE SECRETARY,

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MANERI MUNICIPALITY, KARUVAMBRAM, MANJERI P.O, MALAPPURAM DISTRICT-676 121.

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5 THE DISTRICT EMPLOYMENT OFFICER, DISTRICT EMPLOYMENT EXCHANGE, CIVIL STATION P.O, MALAPPURAM DISTRICT-676 505.

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6 MOIDEEN KOTHALATHIL, RESIDING AT KOTHALATHIL HOUSE, THURAKKAL, MANJERI P.O, MALAPPURAM DISTRICT-673 638

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7 ABDUSALAM NECHIYIL,

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RESIDING AT NECHIYIL HOUSE, MANGALASSERI, KARUVAMBRAM,

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WP(C) NO. 1024 OF 2022

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MALAPPURAM DISTRICT-676 123.

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8 SAJJAR SAHEER, RESIDING AT FAIZAL NIVAS, COURT ROAD, MANJERI, MALAPPURAM DISTRICT 676 121.

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9 SREEKUMAR K.P, RESIDING AT PUTHAN PURAKKAL, AMBALAPPADI, KARUVAMBRAM P.O, MALAPPURAM DISTRICT-676 121.

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10 SHAJAHAN K, RESIDING AT KUNNATH HOUSE, NARUKARA P.O, MALAPPURAM DISTRICT-676 122.

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11 ABDUL GAFOOR K, RESIDING AT KINATTINGAL HOUSE, HALF KIDANGAZHI, KARUVAMBRAM, MALAPPURAM DISTRICT-676 121.

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12 RAFEEQUE V, RESIDING AT VELLAMKUNNAN, ADHIKARI KUNNATH HOUSE, PULPATTA P.O, KARAPARAMBU, MALAPPURAM DISTRICT-676 126.

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13 HASSAN V.K, RESIDING AT VADAKEVETTIL HOUSE, POOKOTTOOR , MALAPPURAM DISTRICT-676 517 BY ADVS. SHRI.R.RANJITH (MANJERI), SC, MANJERI MUNICIPALITY P.C.SASIDHARAN SUNIL KURIAKOSE-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1024 OF 2022

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JUDGMENT

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Dated this the 15^th day of September, 2022

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This writ petition is filed seeking the following reliefs:-

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i)To Issue a writ of certiorari calling for the records leading to the appointment of respondent Nos. 6 to 13 as Substitute Sanitation Workers in the 3^rd respondent Municipality and to set aside the same and declare that respondents 6 to 13 are not eligible to be appointed in the post.

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ii) to declare that the appointment of respondent Nos. 6 to 13 as Substitute Sanitation Workers in the 3^rd respondent Municipality is illegal, arbitrary and liable to be interfered with.

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iii) to issue a Writ of Mandamus or order or direction to the 3^rd and 4^th respondents to conduct a fresh and proper interview to fill the 8 posts of Substitute Sanitation Workers in the 3^rd respondent Municipality to which respondent Nos. 6 to 13 have now been appointed to, by cancelling the appointments given to respondents 6 to 13 in the post and to declare that the selection given to respondents 6 to 13 is illegal;

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iv) to issue a writ of mandamus, order or direction directing respondents 3 and 4 to appoint the petitioners in the post of Substitute Sanitation Workers under the 3^rd respondent, based on Exhibits P4 and P5, after recalling the appointment orders issued to respondents 6 to 13, in the matter.

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WP(C) NO. 1024 OF 2022

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Heard the learned counsel for the petitioners, the learned Government Pleader, the learned Counsel appearing for the respondents 3 and 4 as well as the learned Counsel appearing for the respondents 6 to 13.

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It is submitted by the learned counsel for the petitioners that the appointment of respondents 6 to 13 without recourse to the employment exchange is against the orders issued by the Government and that the respondents 3 and 4 are duty bound to make appointments through the employment exchange.

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A counter affidavit has been placed on record by the respondents 3 and 4 contending that the appointment of substitute sanitation workers was based solely on the marks secured by them in the interview conducted by the Municipality and that the participants of the interview were employment exchange hands as also the persons who were directed to be interviewed on the basis of the interim orders and judgments of this Court. It is submitted that there are 8 vacancies of contingent workers in the Municipality which have arisen on 30/8/2021, 30/5/2022, 30/6/2022 and 8/9/2021. It is

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WP(C) NO. 1024 OF 2022

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submitted that those vacancies will be filled up by making appointments through the employment exchange.

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The learned counsel for the petitioners submits that the petitioners are satisfied with a direction to the respondents 3 and 4 to fill up the 8 available vacancies of contingent workers through the employment exchange.

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The learned counsel appearing for the contesting party respondents would contend that the said respondents have been regularised in service pursuant to the appointments granted to them.

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Having considered the contentions advanced, there will be a direction to respondents 3 and 4 to fill up the existing vacancies of contingent workers in the Municipality through employment exchange as admitted by them. Appropriate steps shall be taken within a period

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of two months from the date of receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN

JUDGE

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WP(C) NO. 1024 OF 2022

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APPENDIX OF WP(C) 1024/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE CIRCULAR BEARING NO. 25941/G2/2013/LBR, DATED 05.02.2014 ISSUED BY THE 1ST RESPONDENT.
Exhibit P2	TRUE COPY OF NOTICE BEARING NO. H1 175558/15 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER DATED 07.09.2021.
Exhibit P2(a)	TRUE COPY OF THE NOTICE BEARING NO H1/17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER DATED 07.09.2021.
Exhibit P2(b)	TRUE COPY OF THE NOTICE BEARING NO. H1 17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 3RD PETITIONER DATED 07.09.2021.
Exhibit P2(c)	TRUE COPY OF THE NOTICE BEARING NO. H1 17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 4TH PETITIONER DATED 07.09.2021.
Exhibit P2(d)	TRUE COPY OF THE NOTICE BEARING NO. H1 17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 5TH PETITIONER DATED 07.09.2021.
Exhibit P2(e)	TRUE COPY OF THE NOTICE BEARING NO. H1/17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 6TH PETITIONER DATED 07.09.2021.
Exhibit P2(f)	TRUE COPY OF THE NOTICE BEARING NO. H1/17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 7TH PETITIONER DATED 07.09.2021.
Exhibit P2(f)	TRUE COPY OF THE NOTICE BEARING NO. H1 17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 7TH PETITIONER DATED 07.09.2021.
Exhibit P2(g)	TRUE COPY OF THE NOTICE BEARING NO. H1 17558/15 ISSUED BY THE 4TH RESPONDENT TO THE 8TH PETITIONER

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WP(C) NO. 1024 OF 2022

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DATED 07.09.2021.

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Exhibit P3	TRUE COPY OF THE RTI QUESTIONNAIRE DATED 12.11.2021 PREFERRED BY THE 2ND PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER OF THE 3RD RESPONDENT MUNICIPALITY.
Exhibit P3(a)	TRUE COPY OF THE RTI ANSWER DATED 12.11.2021 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 3RD RESPONDENT MUNICIPALITY.
Exhibit P3(b)	TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.C NO. 19851 OF 2021, DATED 23.09.2021.
Exhibit P4	TRUE COPY OF THE RELEVANT PAGES OF THE MARK LIST FOR THE POST OF SUBSTITUTE SANITATION WORKERS ISSUED BY THE HEALTH SUPERVISOR OF THE 3RD RESPONDENT MUNICIPALITY.
Exhibit P5	TRUE COPY OF THE DIRECTION BEARING NO. 1046913/G2/2016/LABOUR, DATED 26.12.2016 ISSUED TO THE EMPLOYMENT DIRECTOR BY THE 1ST RESPONDENT.
Exhibit P6	TRUE COPY OF THE DIRECTION DATED 09.11.2021 ISSUED BY THE 5TH RESPONDENT TO THE SECRETARIES OF ALL MUNICIPALITIES IN MALAPPURAM DISTRICT.
Exhibit P7	TRUE COPY OF THE REPRESENTATION DATED NIL, PREFERRED BY THE PETITIONERS TO THE HON'BLE CHIEF MINISTER, GOVERNMENT OF KERALA.
Exhibit P7(a)	TRUE COPY OF THE REPRESENTATION DATED 22.11.2021 SUBMITTED BY THE 7TH PETITIONER TO THE HON'BLE CHIEF MINISTER, GOVERNMENT OF KERALA.
Exhibit p7(b)	TRUE COPY OF THE MESSAGE, DATED 08.12.2021, RECEIVED BY THE 7TH PETITIONER FROM THE CHIEF MINISTER'S OFFICE, INFORMING THAT EXHIBIT P7(A) HAS BEEN FORWARDED TO THE 2ND RESPONDENT.

Unnikrishnan K. R., v. the State of Kerala

Case brief

What is this about?

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Unnikrishnan K. R., v. the State of Kerala

Case brief

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