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2012 Supreme(Ker) 1011

K.SURENDRA MOHAN
Sreeja T. A. Lower Division Clerk-Cum-Computer Operator Kerala Shops and Commercial Establishments Workers Welfare Fund Board – Appellant
Versus
State of Kerala, Represented by Secretary to Government, Labour and Rehabilitation Department – Respondent


Advocates Appeared:
For the Petitioners: Sri. K. Jaju Babu, Smt. M.U. Vijayalakshmi, Sri. T.R. Sadeesan and Sri. T.S. Shyam Prasanth.
For the Respondents: Sri. Ashik K. Mohammed Ali, Sri. Renil Anto Kandamkulathy and Viju Lal.

JUDGMENT :

K. Surendra Mohan, J.

1. The petitioners herein have filed this writ petition challenging Ext.P5 proceedings of the first respondent by which their appointments have been cancelled. The petitioners are employees of the second respondent, the Kerala Shops and Commercial Establishments Workers Welfare Fund Board. As per Ext.P2 the petitioners were regularised in the service of the second respondent. However, by Ext.P5 the said order has been cancelled.

2. According to the petitioners, the second respondent Board was formed in the year 2007. The work of the second respondent is carried on mainly utilising methods of Information Technology in the matter of registration of members, payment of contribution and disbursement of benefits. The second respondent Board is fully computerised. Therefore, upon formation in the year 2007, employees were recruited, giving preference to specialised knowledge in Information Technology. According to them, they were appointed after following a due process of selection, after considering and taking into account the qualifications and experience required for each post. However, their remuneration was fixed on daily wage basis since sanction had n





















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