Kerala High Court
A.P.Ajithkumar vs State Of Kerala on 26 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942
WP(C).No.4706 OF 2021(K)
PETITIONER/S:
1 A.P.AJITHKUMAR
AGED 53 YEARS
S/O.A.C.PADMANABHAN, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT AMBALATHINKAL, POONITHURA P.O., ERNAKULAM
- 682 038.
2 T.B.KRISHNAKUMAR
AGED 56 YEARS
S/O.M.S.BHASKARAN NAIR, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT THURUTHIPILLIL HOUSE, MARADU P.O.,
ERNAKULAM - 682 304.
3 C.P.SALIM
AGED 54 YEARS
S/O.PAREED V.A., LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT CHUTTIPARAMBIL HOUSE, MARADU P.O.,
ERNAKULAM - 682 304.
4 P.G.CHANDRABOSE
AGED 55 YEARS
S/O.K.N.GOPALAN, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT PONNATTU HOUSE, PANANGAD, ERNAKULAM - 682
506.
5 SUJA P.S.
AGED 43 YEARS
LABELING WORKER, KERALA STATE BEVERAGES CORPORATION
WARE HOUSE, THRIPUNITHURA, RESIDING AT
ILLATHUPARAMBIL, "SANTHOSH MANDIRAM", POONITHURA
P.O., PETTA, ERNAKULAM - 682 304.
6 A.S.JAYAN
AGED 52 YEARS
S/O.E.N.SUKUMARAN, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT PUTHEZHATHU HOUSE, UDAYAMPEROOR P.O.,
WP(C).No.4706 & 2222 OF 2021
2
ERNAKULAM - 682307.
7 I.K.BABU
AGED 55 YEARS
S/O.KANDACHAN, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT ILLATHUPARAMBIL, POONITHURA P.O.,
PETTA, ERNAKULAM - 682 304.
8 A.A.DILEEPKUMAR
AGED 56 YEARS
S/O.ARAVINDASHAN, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT ARTHIYIL HOUSE, POONITHURA P.O.,
ERNAKULAM - 682 304.
9 SAIGAL K.C.
AGED 54 YEARS
S/O.CHANDRAN N.K., LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT CHENNIALTH HOUSE, EROOR P.O.,
THRIPUNITHURA, ERNAKULAM - 682 306.
10 C.K.UNNIKRISHNAN
AGED 55 YEARS
S/O.C.K.KUMARAPILLAI, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT MADHANALAYAM, POONITHURA, ERNAKULAM -
682 304.
11 V.A.SUBAIR
AGED 55 YEARS
S/O.ABDUL KADAR, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT CHEVEALIPARAMBIL HOUSE, CHALIKKAATTOM,
VENNALA P.O., ERNAKULAM - 682 028.
12 BENNY JOSEPH
AGED 54 YEARS
S/O.U.P.JOSEPH, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT UROOTH HOUSE, POONITHURA P.O.,
ERNAKULAM - 682 038.
13 V.I.SHAJI
S/O.ISMAIL, LABELING WORKER, KERALA STATE BEVERAGES
CORPORATION WARE HOUSE, THRIPUNITHURA, RESIDING AT
WP(C).No.4706 & 2222 OF 2021
3
IDACHURAPILLY HOUSE, MARADU P.O., ERNAKULAM - 682
304.
14 K.T.KUTTAPPAN
AGED 57 YEARS
S/O.THEVAN, LABELING WORKER, KERALA STATE BEVERAGES
CORPORATION WARE HOUSE, THRIPUNITHURA, RESIDING AT
KOZHIKKARIYIL, SOUTH PARAVUR, ERNAKULAM - 682 307.
15 P.M.MUHAMMED
AGED 57 YEARS
S/O.MOOSA T.E., LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT PEREPADATHI HOUSE, MARADU, ERNAKULAM -
682 304.
BY ADVS.
SRI.THAMPAN THOMAS
SHRI.B.V.JOY SANKAR
SMT.R.RAJASREE (CHUTTIMATTATHIL)
SMT.NINCY MATHEW
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE ADDL. CHIEF
SECRETARY TO GOVERNMENT, TAXES (A) DEPARTMENT, MAIN
BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695001
2 KERALA STATE BEVERAGES CORPORATION
REP. BY ITS MANAGING DIRECTOR, BEVCO TOWER, VIKAS
BHAVAN P.O., PALAYAM, THIRUVANANTHAPURAM - 695 033.
3 THE MANGING DIRECTOR KERALA STATE BEVERAGES
CORPORATION, BEVCO TOWER, VIKAS BHAVAN P.O.,
PALAYAM, THIRUVANANTHAPURAM-695033
SR GP ANTONY MUKKATH AND SC T NAVEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, ALONG WITH WP(C).2222/2021(C), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.4706 & 2222 OF 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942
WP(C).No.2222 OF 2021(C)
PETITIONER/S:
1 A.P.AJITHKUMAR
AGED 53 YEARS
S/O.A.C.PADMANABHAN, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT AMBALATHINKAL, POONITHURA P.O.,
ERNAKULAM - 682 038.
2 T.B.KRISHNAKUMAR
AGED 56 YEARS
S/O.M.S.BHASKARAN NAIR, LABELING WORKER, KERALA
STATE BEVERAGES CORPORATION WARE HOUSE,
THRIPUNITHURA, RESIDING AT THURUTHIPILLIL HOUSE,
MARADU P.O., ERNAKULAM - 682 304.
3 C.P.SALIM
AGED 54 YEARS
S/O.PAREED V.A., LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT CHUTTIPARAMBIL HOUSE, MARADU P.O.,
ERNAKULAM - 682 304.
4 P.G.CHANDRABOSE
AGED 55 YEARS
S/O.K.N.GOPALAN, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT PONNATTU HOUSE, PANANGAD, ERNAKULAM -
682 506.
5 SUJA P.S.
AGED 43 YEARS
LABELING WORKER, KERALA STATE BEVERAGES CORPORATION
WARE HOUSE, THRIPUNITHURA, RESIDING AT
ILLATHUPARAMBIL, SANTHOSH MANDIRAM, POONITHURA
P.O., PETTA, ERNAKULAM - 682 304.
WP(C).No.4706 & 2222 OF 2021
6 A.S.JAYAN
AGED 52 YEARS
S/O.E.N.SUKUMARAN, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT PUTHEZHATHU HOUSE, UDAYAMPEROOR P.O.,
ERNAKULAM - 682307.
7 I.K.BABU
AGED 55 YEARS
S/O.KANDACHAN, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT ILLATHUPARAMBIL, POONITHURA P.O.,
PETTA, ERNAKULAM - 682 304.
8 A.A.DILEEPKUMAR
AGED 56 YEARS
S/O.ARAVINDASHAN, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT ARTHIYIL HOUSE, POONITHURA P.O.,
ERNAKULAM - 682 304.
9 SAIGAL K.C.
AGED 54 YEARS
S/O.CHANDRAN N.K., LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT CHENNIALTH HOUSE, EROOR P.O.,
THRIPUNITHURA, ERNAKULAM - 682 306.
10 C.K.UNNIKRISHNAN
AGED 55 YEARS
S/O.C.K.KUMARAPILLAI, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT MADHANALAYAM, POONITHURA, ERNAKULAM -
682 304.
11 V.A.SUBAIR
AGED 55 YEARS
S/O.ABDUL KADAR, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT CHEVEALIPARAMBIL HOUSE, CHALIKKAATTOM,
VENNALA P.O., ERNAKULAM - 682 028.
12 BENNY JOSEPH
AGED 54 YEARS
S/O.U.P.JOSEPH, LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
WP(C).No.4706 & 2222 OF 2021
RESIDING AT UROOTH HOUSE, POONITHURA P.O.,
ERNAKULAM - 682 038.
13 V.I.SHAJI
S/O.ISMAIL, LABELING WORKER, KERALA STATE BEVERAGES
CORPORATION WARE HOUSE, THRIPUNITHURA, RESIDING AT
IDACHURAPILLY HOUSE, MARADU P.O., ERNAKULAM - 682
14 K.T.KUTTAPPAN
AGED 57 YEARS
S/O.THEVAN, LABELING WORKER, KERALA STATE BEVERAGES
CORPORATION WARE HOUSE, THRIPUNITHURA, RESIDING AT
KOZHIKKARIYIL, SOUTH PARAVUR, ERNAKULAM - 682 307.
15 P.M.MUHAMMED
AGED 57 YEARS
S/O.MOOSA T.E., LABELING WORKER, KERALA STATE
BEVERAGES CORPORATION WARE HOUSE, THRIPUNITHURA,
RESIDING AT PEREPADATHIL HOUSE, MARADU, ERNAKULAM -
682 304.
BY ADVS.
SRI.THAMPAN THOMAS
SHRI.B.V.JOY SANKAR
SMT.R.RAJASREE (CHUTTIMATTATHIL)
SMT.NINCY MATHEW
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE ADDL. CHIEF
SECRETARY TO GOVERNMENT, TAXES (A) DEPARTMENT, MAIN
BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695001
2 KERALA STATE BEVERAGES CORPORATION
REP. BY ITS MANAGING DIRECTOR, BEVCO TOWER, VIKAS
BHAVAN P.O., PALAYAM, THIRUVANANTHAPURAM - 695 033.
3 THE MANGING DIRECTOR KERALA STATE BEVERAGES
CORPORATION, BEVCO TOWER, VIKAS BHAVAN P.O.,
PALAYAM, THIRUVANANTHAPURAM-695033
SR GP ANTONY MUKKATH AND SC T NAVEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, ALONG WITH WP(C).4706/2021(C), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.4706 & 2222 OF 2021
JUDGMENT
[ WP(C).4706/2021, WP(C).2222/2021 ]
Dated this the 26th day of February 2021
These writ petitions are filed with regard to the claim of the
petitioners who are Labeling Workers in the respondent
Corporation for inclusion in the cadre strength.
2. It is submitted that by Ext.P3, the staff pattern of the
Corporation has been fixed by the Government but the
petitioners' claims for being included in the cadre strength has
not been considered while the order has been passed. The
petitioners have preferred Ext.P4 representation before the
Government and seek a consideration of the same. It is
submitted by the learned counsel appearing for the petitioners
that the implementation of P3 is to be kept in abeyance till the
petitioners' request are considered.
3. Having heard the learned counsel appearing for the
WP(C).No.4706 & 2222 OF 2021
respondents as well as the learned Government Pleader, I am of
the opinion that the request made by the petitioners in Ext.P4 is
to be considered by the respondents. However, the contention
with regard to interdict the implementation of the staff pattern
may not be proper at this stage without hearing any of the
parties who are likely to be affected.
In any view of the matter, there will be a direction to the 1 st
respondent to take up, consider and pass orders on Ext.P4
representation preferred by the petitioners after hearing their
representative and an authorized representative of the
Corporation as well, through any appropriate means, including
video conferencing. Appropriate orders shall be passed within six
weeks from the date of receipt of a copy of this judgment.
Sd/-
ANU SIVARAMAN
JUDGE
ssa
WP(C).No.4706 & 2222 OF 2021
APPENDIX OF WP(C) 4706/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 17/10/1994
ISSUED TO THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE G.O.(RT) NO.346/2003/TD
DATED 28/05/2003 SANCTIONING TIME SCALE TO
THE PETITIONERS.
EXHIBIT P3 TRUE COPY OF THE G.O. NO.13/2021/TD DATED
12/02/2021.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
15/02/2021.
WP(C).No.4706 & 2222 OF 2021
APPENDIX OF WP(C) 2222/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 17/10/1994
ISSUED TO THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE G.O.(RT) NO.346/2003/TD
DATED 28/05/2003 SANCTIONING TIME SCALE TO
THE PETITIONERS.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
05/01/2021.
