Dismissed

Managing Director, v. v.S.Sreekumar

Kerala HC4 Jan 2023WA/259/2019

Case brief

AI extract

What is this about?

This court disposed of a writ appeal filed by the Kerala Water Authority against a judgment that directed the authority to consider a petitioner's representation regarding his plumbing license examination eligibility. The court noted that the respondent had already been granted a provisional license.

What did the court decide?

Writ appeal disposed of as the respondent was already granted a provisional license and a regular license.

Managing Director, Vs v.S.Sreekumar — Labour and Industrial Disputes | Kerala HC (2023)

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W. A. No. 259 of 2019

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 4TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944

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WA NO. 259 OF 2019

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AGAINST THE JUDGMENT WP(C) 40364/2017 OF HIGH COURT OF KERALA

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APPELLANT/S:

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1 MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM-695033.

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2 THE DEPUTY CHIEF ENGINEER (GL), CONTROLLER OF EXAMINATIONS (PLUMBING LICENCE),KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695033.

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3 ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY SUB DIVISION, NORTH PARAVOOR, ERNAKULAM-683513. BY ADV SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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RESPONDENT/S:

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1 V.S.SREEKUMAR, AGED 45 YEARS S/O.LATE SADANANDHAN, VALIYAVEETTIL HOUSE, PARAYAKKADU, NORTH PARAVOOR P.O., ERNAKULAM683513.

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2P.R.MOHANAN,
KERALA WATER AUTHORITY, LICENCE PLUMBER, LICENCE
NO.12/86, PUVANTHARA, VADAKKEKARA, NORTH
PARAVOOR, ERNAKULAM-683522.

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BY ADVS.
SRI.R.DIVAKARAN
SRI.RAMESH .P

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
04.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W. A. No. 259 of 2019

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J U D G M E N T

S. Manikumar, C. J.

Before the writ court, Mr. V. S. Sreekumar, the 1^st respondent herein, has sought for the following reliefs:-

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“a. issue a writ in the nature of certiorari or any other appropriate writ, order or direction, directing the 2^nd respondent to allow the petitioner to participate in the plumbing licence examination 2017 under the Kerala Water Authority;

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b. issue a writ in the nature of certiorari or any other appropriate writ, order or direction and to quash the Exhibit P6;

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c. issue a writ in the nature of certiorari or any other appropriate writ, order or direction, directing the 2^nd respondent to consider Ext.P8 representation and pass appropriate orders on it.”

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Short facts leading to the filing of the writ petition are as hereunder:-

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2.1. According to the petitioner, he has been working as a plumber under Mr. P. R. Mohanan, Kerala Water Authority License Plumber, North Paravoor, the 2^nd respondent herein, from 1990 onwards. Petitioner has 26 years experience in the field of plumbing

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W. A. No. 259 of 2019

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work. Petitioner's father died in the year 1980, and after the death of his father, petitioner and his family are facing financial difficulties. While the petitioner was studying in 9^th standard, he was compelled to stop his education. From 1990 onwards, petitioner has been working under the 2^nd respondent herein as plumber, and he has experience in the field of plumbing under the Kerala Water Authority.

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2.2. Petitioner has submitted that he had obtained National Trade Certificate in Plumbing in the year 2016 and applied for plumbing license examination conducted by the Kerala Water Authority for the year 2017. Along with Ext. P3 application, petitioner has produced the work experience certificate issued by the 2^nd respondent. The Assistant Executive Engineer, Kerala Water Authority, North Paravoor, the 3^rd appellant, has also issued an experience certificate to the petitioner for a period of 5 years from 01.01.2007 to 31.03.2011.

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2.3. Petitioner has further submitted that the application submitted by him was rejected by the Deputy Chief Engineer (GL), Controller of Examinations (Plumbing License), Thiruvananthapuram, the 2^nd appellant, on 10.10.2017. The 2^nd appellant stated that the petitioner does not have the required experience and the applicant

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W. A. No. 259 of 2019

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should have 3 years experience after obtaining the required qualification for the examination for Plumbing license. But the petitioner had experience in the field for more than 26 years. As specified in the provisions regarding issue of licenses to plumbers and their works in the Kerala Water Authority (Water Supply Regulations), no specific period is mentioned for applying license to plumbers after obtaining the required qualification. The provision mandates that the applicant should have a minimum of 3 years experience under a licensed plumber.

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Having heard the learned counsel for the parties, writ court, by judgment dated 24.10.2018 in W. P. (C) No. 40364 of 2017, ordered thus:-

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“In the above view of the matter, I am of the opinion that this is a fit case where the respondent authority should consider the request of the petitioner as made in Ext.P8, in the light of the provisions of the regulations as well. There will accordingly be a direction to the 2^nd respondent to take up Ext.P8 representation preferred by the petitioner and pass an appropriate orders thereon, taking note of the fact that the petitioner has completed three years of experience after acquisition of the qualification as of now, and the fact that the petitioner was permitted to write the examination as also the contention that such a requirement does

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W. A. No. 259 of 2019

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not form part of the regulation. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment.

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The writ petition is ordered accordingly.”

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Being aggrieved, the Kerala Water Authority and others have preferred the instant appeal.

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Record of proceeding shows that when the matter came up on 24.10.2019, having heard the learned counsel for the Kerala Water Authority, this court has ordered thus:-

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“On this day, when the matter came up for hearing, Mr. Saji Vargheese Kakkattumattathil, Standing Counsel for Kerala Water Authority submitted that as directed by this court vide order dated 22 August 2019, 1^st respondent was permitted to appear in the test conducted for securing Plumber's Licence and accordingly, provisional Plumber Licence has been granted by the Executive Engineer, KWA, Aluva dated 03-10-2019. Mr. R. Divakaran learned counsel appearing for the respondent acknowledges the said submission.”

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On this day, when the matter came up for hearing, Mr. R.

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Divakaran, learned counsel for the 1^st respondent, submitted that

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regular plumber license has been issued to the 1^st respondent.

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W. A. No. 259 of 2019

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Judgment of the learned Single Judge dated 24.10.2018 in W. P.

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submission of the learned counsel for the 1^st respondent, we are of the

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view that there is no need to delve into the grounds raised.

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Accordingly, writ appeal is disposed of.

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Sd/S. MANIKUMAR CHIEF JUSTICE

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Sd/-

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SHAJI P. CHALY JUDGE

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///TRUE COPY/// P. A. TO JUDGE

Managing Director, v. v.S.Sreekumar

Case brief

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Managing Director, v. v.S.Sreekumar

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