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1983 Supreme(Ker) 241

U.L.BHAT
ANNIE – Appellant
Versus
COMMISSIONER, CHALAKUDY MUNICIPALITY – Respondent


Judgment :-

1. The petitioner in O. P. No. 5803 of 1983 is working as Lower Division Clerk/Bill Collector in Chalakkudi Municipality while the petitioners in the other two original petitions are working as such in Trichur Municipality. They are persons whose names were registered with the respective employment exchanges and through the latter, they were appointed provisionally in these posts in 1980 for a period of 89 days. Expecting to be ousted from the service at the end of the period, they filed original petitions under Art.226 of the Constitution before this Court (O. P. Nos. 2210 of 1981 and 4152 of 1981) contending that they are workmen and that the concerned department is an industry and that they are entitled to protection under the provisions in Chapter VA of the Industrial Disputes Act, 1947. This court upheld the contention and directed that their services shall not be terminated except in accordance with Chapter V A of the Industrial Disputes Act, but subject to being replaced by regular recruits on the advice of the Kerala Public Service Commission (hereinafter referred to as "Service Commission"). The petitioners continued in service While so, on requisition from the


















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