JOSSEY RAPHEAL Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Petitioner is a Petty Contractor, who has passed SSLC. As per Ext.P-1 award dated 15.12.2004 in I.D.No. 27 of 2002, it was directed that 25% of the vacancies of Electricity Workers which existed in Kerala State Electricity Board ('the Board') as on the date of award and the vacancies which were to arise within a further period of five years were to be reserved for appointment of Petty Contractors. It was also directed that the Board has to get a state wide seniority list of Petty Contractors who had worked not less than 1200 days prior to the date of the award, prepared through an officer not below the rank of Deputy Labour Commissioner. Further directions for selection and appointment from that list were also issued in the award.

(2.) A list was prepared after a series of litigations which ended in the Apex Court. Petitioner is one included in the list thus prepared. The Public Service Commission invited applications from among those included in the aforesaid seniority list but who have not passed standard X. Several candidates approached this Court challenging the said condition. Based on interim orders, they appeared in the test conducted by the PSC. However, the writ petitions were dismissed by common judgment seeing that the action of PSC was in tune with clause (c) of paragraph 48 of Ext.P-3 award dated 15.12.2004, of the Labour Court which read as follows:

(3.) Only those who satisfy all the qualifications for appointment of the Electricity Workers as per orders of the management which were in force as on the date of the award were held eligible for submitting application for appointment in terms of the award. Ext.P-1 is the Board Order which prescribes the qualification.