LABOUR COMMISSIONER Vs. K E JOSHUA

JUDGEMENT

(1.) The appeal is by the State of Kerala with a delay of 163 days. The appeal was filed in the month of March, 2002. When it came up for consideration for the first time in June, 2005, the Government Pleader was asked to give notice to the first respondent/ writ petitioner. Thus, the service is complete. We find that the delay has been satisfactorily explained. After hearing the respondents, we condone the delay. We also proceeded to hear the appeal as both sides were ready.

(2.) The State is impugning the judgment wherein the claim of the writ petitioner/ first respondent for seniority over respondents 3 to 5 in the Original Petition, was allowed and the petitioner was declared senior to them. It was contended before the learned Single Judge by the Appellant/State that respondents 3 to 5 were given seniority among the Lower Division Clerks in the Labour Department over the writ petitioner, placing reliance on the latter part of Ext.P18 Government Letter, which reads that:

(3.) The learned single Judge, on the other hand, applied Rule 27(c) of the General Rules in the K.S. & S.S. Rules and considered the date of effective advice of respondents 3 to 5 and determined the seniority thereupon, declaring the petitioner who did have earlier such date, as senior to them.