HARIDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition has been filed challenging Ext.P15 order of the Government of Kerala rejecting the request of the petitioners for regularisation of their services under the 3 rd respondent namely, the Chief Engineer (Irrigation and Administration), Thiruvananthapuram.

(2.) The brief facts are that the petitioners are unskilled manual labourers working in various Gardens attached to the Malampuzha Dam in Palakkad District. Though the Malampuzha Dam is under the control and supervision of the Irrigation Department, the Gardens were being maintained by the District Tourism Promotion Council (DTPC). The District Collector, Palakkad is the Chairman of the DTPC. Exhibits P1 & P2 are communications dated 06-12-2005 and 28-02-2006 issued by the Executive Engineer, Irrigation Division regarding the regularisation of the petitioners. Following Ext.P3 judgment dated 17- 03.-2008 the District Collector held that since the workers were engaged by the Irrigation Department he had no authority to direct their regularisation. This order of the District Collector (Ext.P4) led to representations being filed before the Chief Engineer seeking the benefits of regularisation under various Government orders. It appears that list containing service details of petitioners and those similarly placed was prepared by the Curator of the Malampuzha Gardens and this list contains the names of the petitioners herein.

(3.) Through Ext.P8 judgment in W.P (C) No.2215/2009 filed by the petitioners and other similarly situated this court directed the Government to take a decision in the matter. Exhibit P9 order was thereafter issued by the Government rejecting the claim for regularisation on the ground that the benefits of paragraph 7 (iv) of G.O (P) No.106/85/PW & T dated 17-09-1985 which provided for regularisation of SLR /CLR workers on the basis of seniority could not be extended to the petitioners and others as they were engaged only after 19-05-1983, which was the cut-off date prescribed by the Government order dated 17-09-1985. Exhibit P9 order came to be challenged before this court through W.P (C) No.21499/2011. That writ petition was disposed of holding that notwithstanding the rejection of their request for regularisation through Ext.P9 the petitioners and others are free to raise an industrial dispute regarding their claim. The judgment of the learned Single Judge in W.P (C) No.21499/2011 was however reversed in an intra Court appeal through Ext.P13 judgment in WA No.130/2008. After noticing the facts this court held as follows: -