Judges : K.BALAKRISHNAN NAIR
Mallika Rajam - Appellant
Versus
State of Kerala - Respondent
Case No : O.P. No. 15419 of 2002
Decided On : 07/01/2002
Advocates Appeared :
S. James Vincent; For Petitioner V.K. Beeran; B.S. Krishnan; For Respondents
Travancore Cochin Literary Scientific and Charitable Societies Registration Act – Industrial Disputes Act – Sections 2(oo), 25F – Kerala State Audio Visual Reprographic Centre Rules – Rule 2.54 – Retrenchment Issue – The petitioners challenge the impugned order – The second ground of attack is that their termination from service is retrenchment in terms of S. 2(oo) of the Industrial Disputes Act and the retrenchment has been made in violation of S. 25F of the said Act – The third ground of attack is that the impugned order has been passed without notice or hearing to the petitioners – The first ground of attack is that the petitioners are being terminated in violation of Rule 2.54 of the Kerala State Audio Visual Reprographic Centre Rules on Service Conditions of Employees and Allied Matters – Held, the petitioners are deemed to be in service and they will be entitled to all consequential benefits – But, this will not stand in the way of the Reprographic Centre terminating the excess staff in accordance with law – Needless to say, in case the services of the petitioners are not needed, their reinstatement need only be notional, not physical, for completing the formalities for retrenching them in accordance with law – But, the employees will be entitled to all monetary benefits for the period they are kept out of service till they are validly retrenched – It is also clarified that if there are any non-workmen among the employees, they can be retrenched by following the procedure under R. 2.54 of the Service Rules – In other words, in their case, the procedure under S. 25F of the Industrial Disputes Act need not be followed – Original Petitions Allowed
1. The points which arise in all these cases being identical, they are heard together and disposed of by a common judgment.
2. All the petitioners are employees of the Kerala State Audio Visual & Reprographic Centre, Thiruvananthapuram which is an autonomous Institution established by the Government as per its order dated 28.4.1992. It is a Society registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act. Its Governing Body contains only Government Officials or their nominees. The Minister for Education of the State will be the Ex-officio Chairman and the Managing Director will be its Executive Director and Member Secretary. It is common case that the said Institution (hereinafter referred to as "the Reprographic Centre") is amenable to the writ jurisdiction of this Court.
3. All the petitioners were appointed in the Reprographic Centre and its various units during the years 2000 and 2001 on a regular basis as probationers. All of them have completed their period of probation. Some of the petitioners had earlier spells of temporary appointments also.
4. The impugned order in all the Original Petitions is the order issued by the Reprographic Centre dated 31.5.2002 terminating the services of the petitioners and others who were found to be excess employees. The impugned order is extracted herein below for convenient reference:
"Kerala State Audio-Visual and Reprographic Centre is an autonomous institution established by the Government of Kerala as per G.O. (MS) 73/92/H.Edn. dated 28.4.1992. The functioning of the institution was satisfactory in the earlier stages. But later on, it ran into huge losses. During the years 2000 and 2001, 938 persons were seen appointed against the notified vacancies of only 186. (Two notifications issued on 5.4.2000 and 13.4.2000 No. KSAVRC/2221/2000 dated 5.4.2000 and KSAVRC/2247/00 dated 13.4.2000 respectively). During the months of September and October, 2001, there was labour unrest and the centre became virtually bankrupt. The management failed to control the labour forces. The centre failed to meet its operational expenses including salary to the employees.
In these circumstances, as per G.O.(MS)/144/2001/H.Edn. dated 22.10.2001 the Government of Kerala, appointed a three member committee consisting of Sri. G. Jayasankar, Govt. Engineering College, Barton Hill, Thiruvananthapuram, Sri. Mathew V. John, Superintendent, Government Presses, Thiruvananthapuram and Sri. S. Upendran Nair, Retd. Addl. Secretary to Govt. to study the functioning of Kerala State Audio Visual and Reprographic Centre and to suggest the measures to uplift the sinking institution. The committee conducted the study in depth and suggested certain measures to revive the unit and its report was submitted during the month of March, 2002. In the study report various measures were suggested for the sustenance and growth of the institution. The study report found that the over staffing has made the normal functioning of the unit impossible and has recommended for cutting the employees' strength in various categories.
The 20th Governing Body meeting held on 4.3.2002, examined the views of the committee and decided to implement the measures recommended by the three member committee wherever possible. As part of the revival measures, the Governing Body decided to terminate the excess staff in the institution wherever necessary, since the appointment of that persons were totally unnecessary and unaffordable.
After examining the committee's report and considering the present stage of the institution, as per the reference (2) the Government directed to terminate the services of excess staff in various categories. The centre has no option other than to terminate these excess employees to safeguard the best interest of the institution and its remaining employees. In each category, the junior most persons are to be terminated.
In these circumstances, the following employees are terminated from
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