THE INDIAN NATIONAL TRADE UNION CONGRESS, ERNAKULAM DISTRICT COMMITTEE, INTUC OFFICE,VALANJAMBALAM, KOCHI Vs. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) A Division Bench of this Court referred the matter to the Full Bench for decision on the following questions: (1) Whether the word 'may' used in Sec. 3 of the Kerala Public Service Commission (Additional Functions as respects Certain Corporations and Companies) Act, 1970 (Act 19 of 1970) (hereinafter referred to as the Additional Functions Act ) should be treated as 'shall' making it mandatory for the Corporations and Government Companies as defined in the Additional Functions Act to consult the Kerala Public Service Commission (hereinafter referred to as 'PSC') for making appointment of employees; and (2) Whether the Government has any power at all under the Additional Functions Act or Rules or otherwise to notify specifying the posts or excluding the posts from the operation of the Additional Functions Act and Rules.

(2.) The Writ Petition was filed as a Public Interest Litigation by the Indian National Trade Union Congress, Ernakulam District Committee and one P.B. Sathishkumar working in Traco Cable Company Limited, challenging Ext.P6 Government Order, G.O.(Ms) No.1/2011/ID dated 1.1.2011, by which it was decided to create certain new posts in eight new factories and eight expansion/ modernization projects in respondents 3 to 12 Public Sector Undertakings and accorded sanction to the Chief Executive Officers of the respective Public Sector Undertakings to fill up those posts in a special manner as stated in Annexures I and II fully observing the existing reservation norms in Public Sector Undertakings.

(3.) The main contention raised by the petitioners is that the recruitment process in respondents 3 to 12 Public Sector Undertakings should be as evolved by the PSC and Employment Exchange. It is also contended that any appointment made by- passing the constitutional functionaries like the PSC and Employment Exchange would be illegal, void and unsustainable.