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2019 Supreme(Ker) 451

Malabar Cements Ltd. – Appellant
Versus
K. Baburajan “Vadakkath” – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.K.ANAND (SR.), SMT.LATHA ANAND
For the Respondent: SRI.P.V.VENUGOPAL

JUDGMENT :

Narayana Pisharadi, J

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 corrup

























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