JAYAMOL Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS claim that they had worked on daily wages during 2000 -2001 in various shops under the second respondent -Kerala State Beverages Corporation (for short, the "Corporation"). According to them, Ext. P1 order is issued by the Government of Kerala for the purpose of enrollment of daily wage employees in the Corporation, under the Abkari Workers Welfare Fund Scheme (for short, the "Scheme").

(2.) THE learned counsel for the petitioners submits that the definition of the "continuous service" accorded in Ext. P1 would take away the rights accrued to the persons like the petitioners from becoming a member of the Scheme. Accordingly they challenge Ext. P1 issued by the 1st respondent, Government. Ext. P2 is consequential order issued by the 2nd respondent Corporation. This Court cannot interfere with the policy decision of the Government, as to the prescriptions of the qualification to different eligible members of such Scheme. However, the learned counsel for the petitioners submit that the petitioners are qualified to become members of the Scheme as mentioned above. If any of the petitioners are qualified to become a member of the Scheme, it is open for them to make such an application before the second respondent and the second respondent, on receipt of such application from the petitioners, shall consider and pass orders on it in accordance with Ext. P1 order. The petitioners, who intent to enroll in such Scheme, shall submit application within a period of one month from today. On receipt of such application, the second respondent shall dispose of the same within a period of two months thereafter.