P.SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners herein claim to be regular employees of the 2nd respondent, Kerala State Cashew Development Corporation, hereinafter referred to as "Corporation". Recruited into the service of the Corporation and then unceremoniously sent out only for the reason that the cashew factories, in which they were then employed, were, by virtue of judgment of this Court, released to the owners. All the petitioners were engaged in one or another of factory Nos.3, 19 and 25, owned respectively by respondents 3, 4 and 5. The petitioners were employed, at the time of termination, either as Factory Manager Grade I or Grade II, Factory Clerk, Driver or Watchman.

(2.) ON consent of counsel on either side, the records in O.P.No.10546 of 2002 was referred to and the counter affidavit of the 3rd respondent in O.P.No.14062 of 2002 also was perused.

(3.) THE facts are similar in case of all the petitioners in all the Original/Writ Petitions; regarding their initial appointment and terms under which they were appointed and confirmed in service. While they were continuing in the employment, all the petitioners in the various Original/Writ Petitions were transferred to one or other of factories numbered as 3, 19 and 25. These factories, actually owned connected cases by respondents 3 to 5, were originally leased out to the respondent Corporation and subsequently requisitioned under the Kerala Cashew Factories (Requisitioning) Act, 1979, hereinafter referred to as "the Requisitioning Act".