A.M.Baiju vs The Managing Director
2021 Latest Caselaw 10412 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                       WP(C).No.7764 OF 2021(U)


PETITIONERS:

      1        A.M.BAIJU, S/O. K.K. MANIYAN,
               BOAT DRIVER ON CONTRACT BASIS UNER KTDC,
               THIRUVANANTHAPURAM-695 033,
               RESIDING AT ATTUCHIRAYIL HOUSE,
               KUMARAKOM NORTH P.O, KOTTAYAM-686 563

      2        JAMES K. DOMINIC, S/O. K.C. DOMINIC,
               BOAT DRIVER ON CONTRACT BASIS UNDER KTDC,
               THIRUVANANTHAPURAM-695 033,
               RESIDING AT KUNNAPPALLY HOUSE,
               THEKKADY 685 509.

               BY ADVS.
               SRI.SREEDHAR RAVINDRAN
               SMT.APARNA RAJAN

RESPONDENTS:

      1        THE MANAGING DIRECTOR
               KERALA TOURISM DEVELOPMENT CORPORATION LIMITED,
               MASCOT SQUARE, P.B. NO. 5424,
               THIRUVANANTHAPURAM-695 033

      2        KERALA TOURISM DEVELOPMENT CORPORATION LIMITED
               MASCOT SQUARE , P.B. NO. 5424,
               THIRUVANANTHAPURAM-695 033,
               REPRESENTED BY ITS THE MANAGING DIRECTOR.

               SRI. P.A.AHAMED - SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 7764/21
                                      2



                                JUDGMENT

The petitioners have approached this Court

averring that they were appointed as Boat

Drivers in the services of the Kerala Tourism

Development Corporation Ltd (KTDC for short)

from 1993 on daily wage basis and that from

the year 2003 they were employed on contract

basis.

2. The petitioners assert that out of the

11 contract workers employed by the KTDC, 9

have already been regularised; but that they

were singled out and discriminated. They say

that since they have never been subjected to

any disciplinary proceedings and though their

services have been found to be more than

satisfactory for the last 18 years, their

claim for regularisation has never engaged the

attention of the KTDC properly.

3. The petitioners say that, they,

therefore, preferred Ext.P9 representation WPC 7764/21

before the Managing Director of the KTDC for

the afore purpose and pray that same be

directed to be taken up and disposed of, after

affording them an opportunity of being heard.

3. Sri.P.A.Ahamed - learned Standing

Counsel for the KTDC, submitted that the afore

request of the petitioners as made by their

learned counsel - Sri.Sreedhar Ravindran, can

be acceded to and that Ext.P9 representation

will be considered by the Managing Director

within a short time frame.

Taking note of the afore submissions, I

allow this Writ Petition and direct the 1st

respondent-Managing Director of KTDC to take

up Ext.P9 representation of the petitioners

and dispose it of, after affording them an

opportunity of being heard - either physically

or through video conferencing - thus

culminating in an appropriate order thereon,

as expeditiously as is possible, but not later WPC 7764/21

than two months from the date of receipt of a

copy of this judgment.

Needless to say, when the afore exercise

is completed, the Managing Director will

advert to the petitioners' claim that out of

the 11 contract workers employed by the KTDC

in various posts, 9 have already been

regularised.

Sd/-

                                     DEVAN RAMACHANDRAN
       RR                                    JUDGE
 WPC 7764/21




                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        TRUE COPY OF THE CONTRACT ENTERED

INTO BY THE 1ST PETITIONER AND THE 1ST RESPONDENT DATED 26.02.2005.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT RETAINING THE 2ND PETITIONER AS A CONTRACT EMPLOYEE DATED 14.01.2010.

EXHIBIT P3 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 04.01.2012.

EXHIBIT P4 TRUE COPY OF THE NOTE ISSUED BY THE 2ND RESPONDENT DATED 31.10.2018 NO. KTDC/MKTG/MEMBERSHIP /2018

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT EXTENDING THE 1ST PETITIONER'S CONTRACT FOR A PERIOD OF ONE YEAR IN 2019 DATED 28.03.2019.

EXHIBIT P6 TRUE COPY OF THE PROCEEDING OF THE 1ST RESPONDENT NO.

KTDC/PA6/BL(C)/2020 DATED 06.02.2020.

EXHIBIT P7 TRUE COPY OF THE GOVERNMENT ORDER NO. G.O(P) NO. 3/2021/TOURISM DATED 18.02.2021.

EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT NO.

KTDC/PA2/RECON/HELPER/2021 DATED 20.02.2021.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 03.03.21.