KEXCON EMPLOYEES UNION Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these cases are stated to be ex-servicemen registered with the Kerala Ex-servicemen Welfare & Rehabilitation Corporation (hereinafter referred to as 'the KEXCON' for short) and they have approached this Court seeking a direction to the Kollam Corporation to adhere to two Government Orders, copies of which have been placed on record as Exts.P1 and P2 in WP(C)No.19321/2020, in the matter of appointment of temporary security/other staff in its services; and they assert that these Government Orders make it mandatory for the Corporation and other Public Departments and Institutions to engage personnel for security purposes and attended employment only through the KEXCON.

(2.) The petitioners allege that, in spite of the afore Government Orders holding the field, the Corporation is now calling for quotations from private agencies and they contend that this is illegal and contrary to the declaration of law by this Court in various judgments, particularly in WP(C)No.33329/2018 and WP(C)No.15749/2019. They, therefore, pray that the Kollam Corporation be directed to engage personnel only from the KEXCON for security and other attended employments.

(3.) In response to the afore submissions of Sri.B.Renjith Kumar, learned counsel for the petitioners in these matters - which have been heard together on account of the analogous nature of the factual circumstances pleaded and the prayers sought - the learned Standing Counsel for the KEXCON, Sri.R.S.Kalkura, submitted that a counter affidavit has been filed in one of the cases, namely, WP(C)No.19321/2020, wherein, they vehemently support the claims of the petitioners particularly because, as rightly stated by them, the aforementioned judgment, a copy of which has been placed on record as Ext.R3(g) along with it, clearly mandates that all Heads of Departments, Public Sector Undertakings and Heads of Institutions of Local Bodies and other Government Organisations can only engage security personnel from the KEXCON and cannot invite tender/quotations from private agencies for such purpose. He, therefore, prayed that these Writ Petitions be allowed.