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2026 Supreme(Online)(Ker) 13738

KERALA HIGH COURT
P. M. Manoj, J.
Vijikumar R. v. Kerala State Electricity Board
WP(C) No.11844 of 2019 | WP(C) No.10359 of 2019 | WP(C) No.10367 of 2019 | WP(C) No.1609 of 2020



Advocates:
For the Appellants/Petitioners: Sri.P.Nandakumar, Smt.Rekha Vasudevan, Sri.Kaleeswaram Raj, Sri.Mathew Kuriakose
For the Respondents: Sri.P.C. Sasidharan, Sri.Raju Joseph, Sri.Joseph Antony, Sri.Liju Stephen, Sri.Arun, Sri.B. Sajeev Kumar

The court established that only candidates who meet the specific educational qualifications set by the Industrial Tribunal can be appointed as Electricity Workers, excluding those with higher qualifications.

Headnote:(A) Industrial Tribunal Act - Award dated 15/12/2004 - Appointment of Mazdoor (Electricity Worker) - Reservation of 25% vacancies for petty contractors - Illegal inclusion of candidates with higher qualifications in violation of prescribed standards - Supreme Court’s directions allowing independent consideration do not permit violation of qualifications set forth in orders - Permissible only to assess representations without altering qualifications. (Paras 30, 31, 34, 35)

(B) Writ Jurisdiction - The court addressed the legality of appointments made under the seniority list post-Award and confirmed the need to adhere strictly to qualifications and district-wise recruitment process; inclusion of candidates who passed Standard X deemed illegal.

1. WP(C) No.11844 of 2019 was preferred by persons from various districts who were included in the rank list for the post of Mazdoor (Electricity worker). WP(C) No.10359 of 2019 was preferred by persons from Thrissur District and WP(C) No.10367 of 2019 was preferred by persons from Kozhikode District in the rank list noted above whereas WP(C) No.1609 of 2020 was preferred by persons who were working as Contractors and contract line workers and who were beneficiaries of award dated 15/12/2004, passed by the Industrial Tribunal, Palakkad in ID No.27 of 2002. In the award, it was declared that 25% of the existing vacancies and the vacancies that might arise during the succeeding 5 years shall be reserved for these persons in the category of Electricity Worker. The Tribunal clarified in the award that the qualification prescribed for the post shall be strictly adhered to. However, the Board and the PSC included the persons who passed SSLC, which is against the prescribed qualifications, against which, the said writ petition is preferred. COC No. 2069 of 2025 was preferred by the petitioners in WP(C) No. 1609 of 2020, alleging violation of the directions in the interim order dated 25/06/2025. For the convenience of reference, the documents marked in WP(C) No.11844 of 2019 will be mentioned as exhibits.

2. The common issue in these cases involves the illegal appointments made by the Board to the post of Mazdoor (Electricity Worker). These appointments were made in violation of the qualifications prescribed under the official Notification and the Special Rules. Consequently, individuals included in the rank lists published by the Kerala Public Service Commission (KPSC) for the post of Mazdoor were denied their rightful opportunity for appointment. Similarly, persons covered by the Industrial Tribunal Award dated 15/12/2004 - who satisfied the specific criteria of having passed Standard IV but not Standard X - also lost their opportunity. This was due to the unlawful inclusion of candidates who had already passed SSLC (Standard X), thereby breaching the prescribed qualification limits.

3. The issue originated from an award passed by the Industrial Tribunal, Palakkad, on 15/12/2004. This award directed the Kerala State Electricity Board (KSEB) to reserve 25% of both existing and future vacancies arising within five years from the date of award for the post of Electricity Worker, for petty contractors and contract line workers. To facilitate this, a state - wide seniority list was to be prepared, consisting of individuals who had completed at least 1,200 days of work preceding the date of the award. The Tribunal further clarified that all persons included in the final seniority list would be eligible for appointment, provided they satisfied the qualifications prescribed by the management as on the date of the award, with the sole exception of the maximum age limit.

4. The award was challenged in WP(C) No.28835 of 2005 and was dismissed on 16/11/2007. The Writ Appeal preferred against the said judgment was also dismissed as per the judgment in WA No.627 of 2008 dated 10/07/2008. The Special Leave Petition preferred was also dismissed by the Apex Court on 12/03/2010. Consequently, the award passed by the Industrial Tribunal, Palakkad, has attained finality.

5. On 31/03/2011, the KPSC issued a notification for selection to the post of Mazdoor in the KSEB. Subsequently, on 30/09/2013, the KPSC published district - wise rank lists, which were valid for a period of three years, expiring on 29/09/2016. On 30/12/2016, the KPSC extended the validity of all rank lists that were set to expire between 31/12/2016 and 29/06/2017, up to 30/06/2017. Following this, in compliance with the Industrial Tribunal's award, the KPSC issued a notification on 21/04/2017, announcing a suitability test for appointment to the post of Mazdoor. This test was specifically for petty contractors and contract line workers from the final seniority list. The notification als





















































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