M.V. VARGHESE Vs. VIJAYAKUMAR P.

JUDGEMENT

(1.) THE present reference became inevitable on account of two divergent views expressed by two Division Benches while interpreting the award of the Industrial Tribunal which was referred to in I.D. No.27 of 2002 dated 15.12.2004. Having regard to the facts on record which led to the present situation, it would only be proper to narrate the brief history of the past litigation.

(2.) WHEN a dispute arose between Petty Contract Workers and Contract Line Workers on one side and the Kerala State Electricity Board (for short 'Board') on other side in respect of regularisation of service of Petty Contract Workers and Contract Line Workers, Government as per G.O.(Rt) No.2929/2002/LBR dated 27.09.2002 referred the following question for consideration to the Industrial Tribunal, Palakkad:-

(3.) A Special Leave Petition came to be preferred challenging both the judgments of Division Bench at Exts.P5 and P6. Both the Petitions came to be dismissed on 12.03.2010 opining that there is no good ground to interfere and petitions deserve to be dismissed. Subsequently Board issued a Circular dated 16.09.2010 to implement the award of the Tribunal. In this Circular it is said, a State wise seniority list of petty contract workers and contract line workers who had worked for not less than 1200 days preceding the date of above award has to be prepared to find out eligible candidates for the implementation of the award. When this Circular came to be issued, W.P.(C) No.30264 of 2010 was filed challenging the Circular and also preparation of State wise seniority list by the Board on the ground that the seniority list sought to be prepared as per the Circular is in violation of specific directions in Ext.P3 judgment. Subsequently, W.P.(C) No.30264 of 2010 came to be allowed on 07.12.2010 holding that the list for regularisation can be prepared only from the list of persons appearing at Exts.W23 and W24 lists in accordance with the clarification in Ext.P3 judgment which was confirmed by Ext.P6 judgment.