XAVIER K.V Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P.(C) No.33329 of 2018 has been filed by three Ex-servicemen, seeking to direct respondents 1 to 3 to comply with the directions contained in Exts.P1 to P4 and to employ to the post of Guards in the establishment of the second respondent only persons deployed through the fourth respondent. W.P.(C) No.15749 of 2019 has been filed by Kerala Ex-servicemen Welfare and Rehabilitation Corporation (the fourth respondent in W.P.(C) No.33329/2018) seeking to direct respondents 1 and 2 to comply with the directions contained in Exts.P1 to P4 and employ to the post of Guards in the establishment of the second respondent at the rates prescribed under prevailing Government Orders for personnel deployed through the petitioner-Corporation. Since W.P.(C) No.15749 of 2019 contains more materials to decide the issues involved, it is considered as the main case and the parties are referred to as contained in the cause title to W.P. (C) No.15749 of 2019.

(2.) The petitioner is a Corporation registered under Section 25 of the Companies Act, 1956. The object of the petitioner-Corporation is to formulate, promote and implement any Scheme aimed at the welfare of the Ex-servicemen. The petitioner is represented by its Administrative Officer, who is a Deputy Secretary to the Government of Kerala, on deputation to the Corporation. The petitioner- Corporation has been established by the Kerala State Government to rehabilitate the Ex-servicemen, war widows and their dependents. The main object of the Corporation is to provide Ex-servicemen for various organisations including Central and State Public Sector Undertakings as security personnel. The petitioner though owned by the Government of Kerala, does not receive any financial assistance from the Government.

(3.) The second respondent is Trivandrum Medical College Hospital Development Society. The petitioner and second respondent have entered into a contract for supply of manpower as per Ext.P5 agreement dated 01.12.2015. In Ext.P5, it was agreed that the second respondent-Hospital Development Society would engage Security Guards from the petitioner-Corporation for daily wage of Rs. 400/- per day plus 5% service charge and service tax as applicable. The said rate was fixed based on Ext.P6 G.O. dated 28.10.2014, contends the petitioner. Subsequently, the rates prescribed in Ext.P6 were revised by the Government as per Ext.P7 G.O. dated 26.02.2016. By Ext.P7, the daily wage of Security Guards was fixed as Rs. 675/-.