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2014 Supreme(Ker) 853

IN THE HIGH COURT OF KERALA
BABU MATHEW P. JOSEPH, J.
Leela Amma - Petitioner
Versus
Kerala State Handloom Development Corporation Ltd. and others - Respondents
WP(C) No. 17333 of 2010 (N)
Decided On : 25-06-2014

Advocates Appeared:
For the Petitioner:Sreedevi Kylasnath, V. Sadasivan, V.J. Safeena and Shaleena Rajan, Advocates.
For the Respondents: K. John Mathai, P. Benny Thomas, P. Gopinath, Govt. Pleader Seena Rama Krishnan and E.K. Nandakumar, S.C.

Headnote:A. Industrial Disputes Act, 1947, Schedule 2, Item 6 - - The petitioner was working in the state corporation for a period of 25 years and he was deprived from his right of being regularized in service and was violative under article 14 and 16 of the Indian constitution.

ORDER :

Babu Mathew P. Joseph, J.

1. The question that arises for consideration in this Writ Petition is as to whether the petitioner who has rendered 25 years of continuous temporary service as a Part-time Sweeper in the Kerala State Handloom Development Corporation Ltd., a Public Sector Undertaking, is entitled to regularisation in service or not ?

2. Heard the learned counsel appearing for the petitioner, learned Standing Counsel appearing for the respondents 1 and 2 and the learned Government Pleader appearing for the third respondent.

3. The facts that are necessary for disposing of this Writ Petition are briefly stated as follows: The petitioner was temporarily appointed as a Part-time Sweeper in the first respondent Corporation as per Ext.P1 order dated 12-09-1985. Thereafter, she was continuing as such with occasional hike in her remuneration. This Writ Petition has been filed on 03-06-2010 for regularising her service as a Part-time Sweeper in the first respondent Corporation and for other reliefs. During the pendency of this Writ Petition, she has retired from service on 30-06-2010 on attaining the age of 58 when she was drawing monthly wages of Rs. 1,000/-. The monthly remuneration of a regular Part-time Sweeper in the first respondent Corporation discharging similar duties as that of the petitioner in June, 2010 consisted of a basic pay of Rs. 1,500/- plus D.A. of Rs. 1,845/- totalling to Rs. 3,345/- (these details have been submitted, on instructions, by the learned Standing Counsel for the respondents 1 and 2). The Part-time Sweepers are expected to work in the forenoon only. But, in the first respondent Corporation, they have to work in the showrooms during working hours from 9.30 a.m. to 1.30 p.m. and from 3.30 p.m. to 7.30 p.m. as their services are inevitable. Therefore, practically, even though they are Part-time Sweepers, they are discharging their duties as full-time workers under the first respondent.

4. It is averred by the petitioner that the management of the first respondent used to regularise the services of Part-time Sweepers on whom management have special or personal interest. Hence, a similarly placed Part-time Sweeper, namely, Smt. S. Susheela Devi, filed O.P. No.3893 of 1996 before this Court. Her prayer for regularisation was not resisted by the respondents in their counter affidavit. That Original Petition was disposed of by this Court by Ext.P5 judgment with a direction to regularise her in the category of Sweeper within two months from the date of receipt of a copy of the judgment. It was observed in that judgment that the petitioner therein was continuing since long in service and such a person cannot be termed as temporary for the entire men life. Thereafter, as per Ext.P6 order dated 26-03-1998 of the first respondent, her service was regularised with effect from 01-04-1998. Similarly, another Part-time Sweeper, namely, Smt. P.C. Lusamma, filed O.P. No.12676 of 1999. That Original Petition was heard along with another Original Petition, O.P. No.4587 of 1996, filed by another Part-time Sweeper and, as per a common judgment dated 29-02-2000, this Court directed to regularise their services. Accordingly, their services were regularised by the first respondent.

5. The case of the petitioner is also similar to that of Smt. S. Susheela Devi and Smt. P.C. Lusamma. Since the petitioner's service was not regularised by the first respondent, she, along with Smt. B. Sreelatha, another Part-time Sweeper, filed O.P. No.34244 of 2000 for the purpose of regularising their services. This Court disposed of that Original Petition, as per Ext.P14 judgment dated 03-01-2006, with a direction to consider the case of the petitioner herein and the other petitioner in the light of the directions issued by this Court in the case of Smt. P.C. Lusamma in O.P. No.12676 of 1999 and in the case of Smt. S. Susheela Devi in Ext.P5 judgment and also in the light of Ext.P6 order passed by the first respondent regularising the s





















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