BERLY A.J., S/O JOSEPH, ARATTUKULAM, ANDAKARANAZHI P.O., CHERTHALA Vs. CHAIRMAN, KERALA STATE WAREHOUSING CORPORATION

JUDGEMENT

(1.) Petitioners in these cases are challenging the orders of termination of their service from the post of Class-IV employees from the Kerala State Warehousing Corporation (herein after referred to as the Corporation for short). Parties and documents referred to are as described in

(2.) The petitioners were initially appointed on daily wages in the Corporation in the year 200 While working so, the Board of Directors of the Corporation in its meeting held on 15.3.2006 passed resolution No. 2531 to engage 110 daily waged hands like petitioners on contract basis for 6 years. They were accordingly appointed on contract basis for 6 years. While so there was a change in the Board of Directors. Seeing the illegality in the appointments, the new Board of Directors in its meeting held on 13.11.2006 resolved to terminate their services. The orders of termination were challenged before this Court in W.P.(C) No. 5183 of 2007. This court by judgment dated

(3.) While so, some of those who had lost before this court, raised the question of their termination from service in industrial dispute and that was referred to the Labour Court which was numbered as ID No. 41 of 2014. The management filed Ext.P1 written statement objecting to the claims raised by the workmen. However subsequently on the request of both parties, the matter was referred for mediation. In the mediation center, the parties arrived at Ext.P3 settlement, in which the Corporation agreed that there were vacancies in the post of Class IV Gr.II and the question of regularization of petitioners who were relieved from the Corporation as per the board decision dated 111.2006 was under consideration of Government. Hence Corporation undertook to consider the petitioners' appointment as per Government direction/Court direction. On production of the settlement, the Labour Court found that what survived thereafter was only to pass an award in terms of the memorandum of agreement entered between the parties. Accordingly, Ext.P2 award dated 24.11.2014 was passed recording that the memorandum of agreement dated 15.10.2014 will form part of the award and that will take effect after one month from the date of pronouncement of the award. Thereafter Government issued Ext.P4 letter on 21.5.2015 referring to letters dated 27.5.2014 and 111.2014 from the Chairman of the Corporation informing the Managing Director that Government had agreed to the suggestion of the Chairman regarding the reinstatement of Class IV employees as per the award of Labour Court for preparing rank list to fill up the vacancies and to absorb the 14 award holders and to fill up existing vacancies from the rank list. The said letter was issued by one Mr. P.K. Mohanan, Dy.Secretary on behalf of Secretary to Government, who was one in the Board of Directors.