Writ petitions filed for regularization of temporary hands were closed by the Court. Recording an interim order of 2021 and the Standing counsel's statement that no regularization decision was taken, the Court concluded the case.
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 P.V.KUNHIKRISHNAN
THURSDAY, THE 17TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944
WP(C) NO. 31679 OF 2011
PETITIONER:
MUHAMMED ANSHA, AGED 32, S/O.ABOOBACKER KUNJU,KAITHAKANATHU VEEDU, ALAMUKKU, POOVACHAL.P.O. BY ADVS. SRI.R.T.PRADEEP SRI.SREEKANTH S.NAIR
RESPONDENTS:
1 SECRETARY, DEPARTMENT OF LABOUR & RAHABILITATION,SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001. 2 KERALA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD,REPRESENTED BY ITS SECRETARY,NIRMAN BHAVAN,METTUKADA,THYCAUD.P.O,, THIRUVANANTHAPURAM-695014.
3 THE SECRETARY, KERALA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD, NIRMAN BHAVAN, METTUKADA, THYCAUD.P.O, THIRUVANANTHAPURAM-695014.
BY ADVS. SMT.K.G SAROJINI, GOVERNMENT PLEADER SRI.ASHIK K.MOHAMED ALI, SC SRI.KRISHNAMOORTHY, SC, KERALA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, ALONG WITH WP(C).16801/2020, 38673/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 17TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944 WP(C) NO. 16801 OF 2020
PETITIONER:
SUKESH S. AGED 32 YEARS S/O. SUNDARAN P., SUKESH BHAVAN, KRA -F4, PANANVILA, NALANCHIRA POST, THIRUVANANTHAPURAM - 695 015. BY ADV ASHIK K.MOHAMMED ALI
RESPONDENTS:
WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
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BY ADV
SRI.S.KRISHNAMOORTHY, SC, KERALA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, ALONG WITH WP(C).31679/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 17TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944 WP(C) NO. 38673 OF 2018
PETITIONERS:
1 ANIL KUMAR V.R., AGED 43 YEARS, S/O.RAVEENDRAN, VETTUVELITHARA HOUSE, NEDUNGAD, NAYARAMBALAM-682 509. 2 DINI.M.J. AGED 45 YEARS W/O.VIJU, ARAKKAL HOUSE, NEDUNGAD, NAYARAMBALAM-682 509.
3 MARIA.M.P AGED 33 YEARS W/O.K.NANDAKUMAR, ITHICKAPARAMBIL HOUSE, VYTHILLA P.O., KOCHI-682 019. 4 K.A.SAJITHA AGED 39 YEARS W/O.SABU, VALIYAVEETTIL HOUSE, CHERAI P.O., PIN-683 514. 5 V.H.SREEMOL AGED 26 YEARS W/O.BAIJU, PALLATH HOUSE, ERIYAD P.O., KODUNGALLUR-680 666. 6 ROSEMARY AGED 43 YEARS W/O.HENRY, KODUVELIPARAMBIL, ULLAS NAGAR, EDAPPALLY-682 024. BY ADVS. P.SREEKUMAR SRI.K.ARJUN VENUGOPAL SMT.V.A.HARITHA
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SRI.SIDHARTH B PRASAD SRI.R.NANDAGOPAL KUM.GAYATHRI MURALEEDHARAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 THE SECRETARY, REPRESENTED BY KERALA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD NIRMAN BHAVAN, METTUKKADA, THYCADU P.O., THIRUVANANTHAPURAM-695 014. BY ADV SRI.S.KRISHNA MOORTHY, SC, ADV.K.G.SAROJINI, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, ALONG WITH WP(C).31679/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 17TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944
WP(C) NO. 41827 OF 2018
PETITIONERS:
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WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
PANIVILAKAM, MADANVILA, PERUMATHURA P.O., THIRUVANANTHAPURAM.
11 P. JAINI, CHARUVILA COLONY, KOTTAPPURAM P.O., VIZHINJAM, THIRUVANANTHAPURAM. BY ADVS. C.R.SYAMKUMAR SRI.P.SREEKUMAR Mr.K.ARJUN VENUGOPAL, CGC SMT.V.A.HARITHA SRI.SIDHARTH B PRASAD
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3 THE SECRETARY, REPRESENTED BY THE KERALA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD, NIRMAN BHAVAN, METTUKKADA, THYCADU P.O., THIRUVANANTHAPURAM - 695 014. BY ADV SRI.S.KRISHNA MOORTHY, SC, ADV.K.G.SAROJINI, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, ALONG WITH WP(C).31679/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 17TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944
WP(C) NO. 42410 OF 2018
PETITIONER:
WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
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| 10 | M.G.MAYA, |
|---|---|
| THEKKEVATHISSERIL,PONNAD P.O.MANNANCHERIL,ALAPPUZHA. |
|
| 11 | JOLLY VINCE, KARINTHOLIL HOUSE,PADIMARUTH P.O.ANANTHASRAMAM,KOZHIKODE |
| 12 | LINEESH GEORGE, MANNANCHERY HOUSE,MUNDAPLAVU,PARUKKALAI P.O.KASARAGOD 671 531. |
| 13 | P.SUNIL KUMAR, VELASHWARAM,HARIPURAM P.O.KASARAGOD 671 531 |
| 14 | V.SUDHA MOOLAKANDAM HOUSE,ANANDASHRAM P.O. KASARAGOD 671 531. |
| 15 | P.P.BEENA, CHEMBARATHI HOUSE, NEAR OLD LIC |
| HOUSE,KANHANGAD P.O.KASARAGOD 671 315. | |
| 16 | SUJITHA P RAJ, SUJITH NIVAS,ALTHARAKKAL,HARIPURAM P.O.KASARAGOD 671 531. |
| 17 | G.PRADEEP KUMAR, ITTAPPURAM HOUSE,KOYAMBURAM,KOTTAPPURAM P.O.KASARAGOD. |
| 18 | K.M.MAHESH, KADAYIL VEEDU,VELLAD P.O.THERMALA,ALACODE(VIA),KANNUR 670 571. |
| 19 | K.PRIYAROSH, PUTHIYA VEEDU,CHOLA P.O.KUTTIATTOOR,KANNUR 670702. |
| 20 | M.V.LEEBA, PUNNAKANDY HOUSE,MARUTHAYI,PORORA P.O.KANNUR 670 702. |
| BY ADVS. C.R.SYAMKUMAR |
|
| SRI.P.SREEKUMAR | |
| SRI.K.ARJUN VENUGOPAL |
WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
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SMT.V.A.HARITHA SRI.SIDHARTH B PRASAD SRI.R.NANDAGOPAL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695001.
2 THE KERALA BUILDING AND OTHER CONSTRUCTIONS WORKERS,WELFARE BOARD, NIRMAN BHAVAN,METTUKKADA,THYCADU P.O.THIRUVANANTHAPURAM 695 014.
3 THE SECRETARY REPRESENTED BY KERALA BUILDING AND OTHER CONSTRUCTIONS WORKERS WELFARE BOARD NORMAN BHAVAN,METTUKKADA,THYCADU P.O.THIRUVANANTHAPURAM 695 014. BY ADV SRI.S.KRISHNA MOORTHY, SC, ADV.K.G.SAROJINI, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, ALONG WITH WP(C).31679/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
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P.V.KUNHIKRISHNAN, J.
------------------------------
WP(C) Nos. 31679 of 2011, 16801 of 2020, 38673, 41827 and 42410 of 2018
Dated this the 17th day of November, 2022
JUDGMENT
These writ petitions are filed for regularisation of the service of the temporary hands. When these writ petitions came up for consideration, the Standing counsel appearing for the Kerala Building and other Construction Workers Welfare Board submitted that, there is no decision taken by the Board to regularise any temporary hands. The apprehension of the petitioners is without any basis is the contention. The Standing counsel submitted that the appointments in the Board will be made only in accordance to law. If that is the case, nothing survives in this case. If there is any fresh cause of action to the petitioners, they are free to agitate the same in accordance to law.
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for consideration on 24.11.2021, this Court passed the
following order:
“In the counter affidavit statement filed by the Board, it has been stated that the Board has not submitted any recommendation to the Government regarding the regularisation of temporary employees. Hence, the present status quo regarding the temporary employees shall continue till the next posting date in all the cases.
Post all the cases together for hearing on 15.01.2022.”
The above interim order is recorded. Recording the interim order dated 24.11.2021 and also recording the statement of the Standing counsel, these writ petitions
are closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
DM
WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
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APPENDIX OF WP(C) 16801/2020
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE CIRCULAR NO. P & AR |
|---|---|
| 3/91/2016 P & ARD DATED 12.1.2017. | |
| EXHIBIT P2 | TRUE COPY OF CIRCULAR NO.P & AR |
| 1/112/2019 P&ARD DATED 20.8.2019. | |
| EXHIBIT P3 | TRUE TYPED COPY OF THE LETTER |
| NO.257/J1/2018/LABOUR DATED 3.4.2020 | |
| ISSUED BY THE 2ND RESPONDENT. | |
| EXHIBIT P4 | TRUE TYPED COPY OF THE LETTER |
| NO.257/J1/2018/LABOUR DATED 2.7.2020 | |
| ISSUED BY THE 2ND RESPONDENT AND | |
| SHOWING THE ENDORSEMENTS MADE BY THE 5TH RESPONDENT. |
|
| EXHIBIT P5 | TRUE COPY OF THE JUDGMENT DATED |
| 11.1.2012 IN WP(C) NO.18036 OF 2011 | |
| OF THIS HONOURABLE COURT. |
WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
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APPENDIX OF WP(C) 38673/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE REQUEST DATED NIL SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 04.10.2018 SENT FROM THE 2ND RESPONDENT TO THE 1ST RESPONDENT.
WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
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APPENDIX OF WP(C) 41827/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE REQUEST DATED NIL SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 04.10.2018 SENT FROM THE 2ND RESPONDENT TO THE 1ST RESPONDENT.
WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
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APPENDIX OF WP(C) 42410/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE REQUEST DATED NIL SUBMITTED BEFORE THE 2ND RESPONDENT EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 4.10.2018 SENT FROM THE 2ND RESPONDENT TO THE 1ST RESPONDENT
WP(C) Nos. 31679/2011,16801/2020, 38673, 41827 and 42410/2018
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APPENDIX OF WP(C) 31679/2011
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY OF MINUTES OF | BOARD |
|---|---|---|
| DECISION IN ITEM NO. 102/2007 21.7.2007 |
DATED | |
| EXHIBIT P2 | TRUE COPY OF REQUEST DATED 11. | 9.2007 |
| FROM 3RD RESPONDENT TO RESPONDENT. |
IST | |
| EXHIBIT P3 | TRUE COPY OF LETTER DATED 14. BY 3RD RESPONDENT TO 1ST RESPOND |
9.2009 ENT. |
| EXHIBIT P4 | TRUE COPY OF LETTER DATED 28.1 BY 3RD RESPONDENT TO 1ST RESPOND |
2.2009 ENT. |
| EXHIBIT P5 | TRUE COPY OF LETTER DATED 18.1 BY 3RD RESPONDENT 1ST RESPONDENT |
2.2010 . |
| EXHIBIT P6 | TRUE COPY OF MINUTES OF BOARD 18.2.2011. |
DATED |
| EXHIBIT P7 | TRUE COPY OF ORDER DATED 1.3.20 GOVERNMENT. |
11 BY |
| EXHIBIT P8 | TRUE COPY OF ORDER DATED 28.2.2 W.P. (C) NO. 6212/2011. |
011 IN |
| EXHIBIT P9 | TRUE COPY OF REPRESENTATION 7.3.2011 OF PETITIONER, |
DATED |
| EXHIBIT P10 | TRUE COPY OF LETTER DATED 8.3.2 3RD RESPONDENT. |
011 OF |
| EXHIBIT P11 | THE TRUE COPY OF JUDGMENT 26.4.2011 IN W.P.(C)NO.12643/201 |
DATED 1. |
| EXHIBIT P12 | TRUE COPY OF G. |
O.(RT) |
| NO.1668/2011/LBR DATED 4.11.2011 | . |
RESPONDENTS EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the temporary service regularization petitions survive given the Board's lack of recommendation to regularize.
Muhammad Ansha and others
Secretary, Department of Labour & Rehabilitation
Kerala Building and Other Construction Workers Welfare Board
State of Kerala
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
