JAMES JESUDAS Vs. MALABAR CEMENTS LTD

JUDGEMENT

(1.) The appellant in this case filed the original petition for a declaration that he is entitled to be appointed to the post of Foreman (Electrical) in the first respondent company. He is a Diploma Holder in Electrical Engineering and is working as a Foreman in Chittur Sugars, Palghat District First respondent company is a Public Sector undertaking of the Kerala Government. When a temporary post of Foreman arose, the first respondent company, by requisition dated 28-5-1994 made a requisition to the Employment Exchange to send a panel of candidates to be considered for the post of Foreman (Electrical). Being a public sector undertaking, under the Employment Exchange (Compulsory Notification of vacancies) Act 1959 (hereinafter referred to as the Act) it is mandatory for the company to notify the vacancies to the Employment Exchange before filling up any vacancies in any employment. S.4(1) of the Act says as follows:

(2.) Learned Single Judge dismissed the Original Petition holding that employer is free to advertise the vacancies and consideration of other applications received is not prohibited and that the petitioner is not legally entitled to seek a writ of mandamus to appoint him because only his name was sponsored by the Employment Exchange.

(3.) S.4(1) of the Act only imposes an obligation on the public sector undertakings, to notify the vacancies to Employment Exchange and there is no provision in the Act prohibiting the company in considering the names other than those names sponsored by the Employment Exchange; S.4(4) clearly mentions that there is no obligation upon the employer to recruit a person through the Employment Exchange to fill a vacancy merely because that vacancy has been notified,. The above section states as follows: