C.C. JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is challenging Ext P19 order terminating his services from the post of Class-IV Grade-II employee from the Kerala State Warehousing Corporation (herein after referred to as 'the Corporation' for short) . Orders identical to Ext.P19 is already upheld in my judgment dated 04.01.2018 in W.P.(C) No.32655 of 2017 and connected cases.

(2.) The petitioner was initially appointed in the Corporation in the year 2001 on daily wages. He claims that he was an Abkari Worker and was engaged in the Corporation on re-habilitation. But no material is produced to substantiate the same. As per Ext.P5 order he was appointed as a Class-IV employee on contract basis for a period of 6 years based on resolution no.2531 of the Board of Directors of the Corporation in its meeting held on 15.3.2006, to engage the daily waged hands on contract basis for 6 years. But by Ext.P7 order his services were terminated as the subsequent Board of Directors in its meeting held on 13.11.2006 found that such contract appointment for 6 years was illegal and it was resolved to terminate the services of such contract employees. The services of the petitioner who was appointed on contract basis for 6 years as per Ext.P5 order, was terminated as per Ext.P7 order dated 03.02007. In Ext.P7 order, it is stated that the resolution to engage them for 6 years on contract basis was not signed by the Chairman and at that time Corporation had received the names of more than 3000 candidates sponsored by Employment Exchange for appointment as Class-IV and the direct recruitment through Employment Exchange was the method specified in the regulation.

(3.) The orders of termination identical to Ext.P7 were challenged before this Court in W.P.(C) No.5183 of 2007. This court by judgment dated 02.04.2007 dismissed that writ petition, observing that public employment cannot be made on contract appointment on long term basis that too with the intention to put the daily rated workers on continuous engagement. Even though the petitioners took up the matter in W.A.No.2050 of 2007, as per Ext.P9 judgment dated 19.09.2007 that writ appeal was dismissed. The SLPs preferred against it was also dismissed by the Apex Court on 09.01.2008.