ABDUL AZIZ Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are engaged as substitute workers under the Kalamassery Municipality right from July 1996 onwards. Their claim for regularization was referred for adjudication to the Industrial Tribunal Alapuzha, which passed Ext.P1 award on 25.08.2003 directing as follows:

(2.) However, the directions in the award were not complied with. Thereafter, petitioners approached the Municipality as well as this Court in several writ petitions. Finally, as a result of the Exts.P2 and P3 judgments, the Municipality considered their claim and passed a resolution on 06.02.2010 to seek permission from Government for appointing the petitioners, who were working as sanitation workers in the Municipality, as substitute workers. Based on that the Municipality, had, on 16.02.2010, as per Ext.P4 letter, addressed the Government, requesting for permission to appoint the petitioners as substitute contingent workers. In this letter, it was pointed out that the available 17 contingent workers in the Municipality, were not sufficient for carrying out the work in the Municipality and that it had engaged 28 sanitation workers on daily wages in order to meet the requirements. It was pointed out that the daily waged workers had requested for appointment and the Council considered their request in the light of the G.O.(MS).No.91/2001/LSG dated 29.03.2001, by which Government had permitted the Municipalities to appoint the sanitation workers as substitute workers, the Council had considered their request in the light of the directions contained in the judgments in W.P. (C).Nos.29462 of 2007 and 16743 of 2009 and decided to seek permission to appoint the petitioners as substitute workers.

(3.) The Director of Urban Affairs, had, as per Ext.P5 letter dated 23.06.2016, allowed the Municipality, to appoint the sanitation workers as substitute workers. The Municipality thereafter appointed the petitioners. In the seniority list of substitute workers, issued as per Ext.P6 Circular dated 16.01.2011 of the Secretary, petitioners were included between Sl. Nos.13 and 28. It was stated that they would be appointed as permanent workers, as and when the vacancies arise. As a result of subsequent representations of the petitioners, the Municipality considered their case again on 4.12.2014 and as per Ext.P7 minutes, resolved to approach Government requesting for regularization of the sanitation workers, who had been working in the Municipality for more than 20 years and have crossed the age of 60 years.