MALABAR CEMENTS LTD. Vs. K. BABURAJAN

JUDGEMENT

(1.) Challenge in this writ petition filed by M/s Malabar Cements Limited (hereinafter referred to as 'the company') is directed against Ext.P8 order passed by the Kerala State Human Rights Commission (for short 'the Commission') directing the company to appoint the first respondent as Mazdoor in the company.

(2.) The facts, in brief, are as follows: The company conducted selection for appointment to the post of Mazdoor. The first respondent, who was an applicant to the post, failed in the physical fitness test conducted by the company and therefore, he was not selected for appointment. The first respondent had filed W.P.(C) No. 8125/2005 before this Court challenging the selection process. The aforesaid writ petition was disposed of by this Court as per Ext.P1 judgment dated 07.02.2008, directing the company to consider the first respondent also to the post of Mazdoor as and when vacancy arises, provided he made application pursuant to the notification issued in that behalf and subject to his possession of qualification and eligibility.

(3.) Meanwhile, as per the order of this Court in W.P.(C) No. 2074/2007, a vigilance enquiry was conducted regarding the corrupt practices allegedly took place in the appointments made in the company. The first respondent submitted Ext.P3(2) representation dated 02.08.2012 to the Government praying that steps may be taken to give direction to the company to appoint him as Mazdoor. Such a representation was made by him on the basis that, in the physical fitness test conducted during the vigilance enquiry, he was found qualified. The Government forwarded the aforesaid representation to the company seeking a report. The company sent Ext.P4 reply to the Government pointing out Ext.P1 judgment of this Court in the matter. The company sent a further reply as Ext.P5 to the Government enclosing therewith a copy of the resolution passed by the Board of Directors to the effect that the first respondent was not qualified for appointment as Mazdoor.