S JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein claim to be working under the 2nd and 3rd respondents (Kerala Water Authority) from 1993 onwards or thereafter. They do unskilled works under the Kerala Water Authority. Their request is that they might be regularized in service and that their service should not be terminated.

(2.) The learned Standing Counsel for the Kerala Water Authority submitted that the petitioners are not regularly appointed workmen of the Water Authority and that they were doing work for the Authority only under the contractors engaged by the Authority and that as such the authority has no responsibility to absorb them into service.

(3.) This is the 4th time that the petitioners approach this court with similar requests. In the judgment in O.P.No.27416/1999 the petitioners grievance was directed to be looked into and that resulted in Ext.P6 order wherein the Water Authority stated that it has no responsibility to regularize workmen engaged by contractors and that there was not even scope for a conciliation talk. O.P.No.6549/2001 followed and in Ext.P7 judgment this court directed the petitioners to approach the Government for redressal of their grievances in the light of the judgment in Steel Authority of India Ltd. & Ors. etc. v National Union Water Front Workers & Ors. etc. (2001 (7) JT 268.) The 3rd Original Petition was O.P. 7259/2002 and in Ext.P8 judgment passed therein also similar direction was granted. In the meantime the Labour Commissioner started conciliation proceedings and Ext.P10 shows that a joint conference was convened on 10.3.2003.