LAWS(KER)-2007-12-30

K USHA Vs. STATE OF KERALA

Decided On December 07, 2007
K.USHA, KOZHIKODE Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE petitioners in all these cases were employees of the Kerala Transport Development Finance Corporation (hereinafter referred to as "the Corporation"), having been appointed on casual basis in the first instance and regularized in the respective posts pursuant to orders issued by the Government. Their services were subsequently terminated by orders passed by the Government followed by consequential orders issued by the Corporation. Those orders are under challenge in these writ petitions.

(2.) MOST of the contentions taken up by the petitioners are common. Common issues are also involved. Therefore, the writ petitions have been heard together and are being disposed of by this common judgment. W. P. (C) No. 27782/07 is taken as the leading case for the purpose of convenience.

(3.) PETITIONERS 1 to 33 were working as Junior Assistants in the service of the Corporation. Petitioners 34 and 35 were working as Record Keepers and petitioners 36 to 38 were working as sweepers. The 2nd respondent Corporation is a Government company as defined in Section 617 of the Companies Act. As per Ext. P1 Memorandum and Articles of Association, the Board of Directors of the Corporation is empowered to appoint provisionally, technical and skilled employees in the company. Prior approval of the Governor is necessary for appointment to posts carrying a basic pay of Rs. 2,500/- or more per month.