Kerala Minerals And Metals ... vs Rajesh Krishnan R
2021 Latest Caselaw 23661 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
       Tuesday, the 30th day of November 2021 / 9th Agrahayana, 1943
                            WA NO. 1591 OF 2021

   AGAINST JUDGMENT DATED 30.09.2021 IN WP(C) 13953/2021 OF THIS COURT.

                                    ---

APPELLANTS/RESPONDENTS 1 TO 3:

1.THE KERALA MINERALS AND METALS LIMITED, SANKARAMANGALAM, CHAVARA P.O,

  CHAVARA,KOLLAM DISTRICT 691 583.REPRESENTED BY THE MANAGING DIRECTOR.

2.THE GENERAL MANAGER (P & A),THE KERALA MINERALS AND METALS LIMITED,

 (MINERAL SEPARATION UNIT) SANKARAMANGALAM,

 CHAVARA P.O., CHAVARA, KOLLAM DISTRICT 691 583.

BY SENIOR COUNSEL SRI.K.ANAND AND

ADVS.M/S. LATHA ANAND , S.VISHNU ARIKKATTIL & B.RADHAKRISHNA PILLAI

RESPONDENTS/PETITIONER & RESPONDENTS 1 & 4:

1.RAJESH KRISHNAN R.,S/O. RUGMINI AMMA,AGED 40 YEARS,

  KANJIRATHARAYIL CHITTOOR,PANMANA,MANAYIL P.O,

  EDAPPLLYKOTTA,CHAVARA,KOLLAM .

2.STATE OF KERALA ,REPRESENTED BY THE SECRETARY TO GOVERNMENT,

  INDUSTRIES DEPARTMENT,SECRETARIAT,

  THIRUVANANTHAPURAM 695 001. (THE CHAIRMAN, THE KERALA MINERALS

  AND METALS LTD SANKARAMANGALAM,CHAVARA P.O, KOLLAM 691 583.

BY ADV.SRI.B.MOHANLAL FOR R1


     Prayer for interim relief in the Writ Appeal stating that in the
circumstacnes stated in the appeal memorandum, the High Court be pleased
to stay the operation of judgment of the Learned Single Judge in WP(C)
No.13953/2021 dated 30.09.2021 and allow this Writ Appeal.


     This Writ Appeal coming on for admission on 30/11/2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
 EXT.P1: THE TRUE COPY OF THE IDENTITY CARD FOR

PERSONNEL DISPLACED FROM TITANIUM PROJECT AREA DATED 15.05.1978

ISSUED BY THE SPECIAL TAHASILDAR, L.A.NO:1, MINERALS AND METALS,

CHAVARA.

EXT.P9:THE TRUE COPY OF THE JUDGMENT DATED 04.1.2021

IN WP(C) NO.28281/2020 OF THIS HON'BLE COURT.

ANNEXURE R1 (a): THE TRUE COPY OF THE ORDER NO.TP/PD/WC/21

DATED 12/11/2021 ISSUED BY THE 2ND APPELLANT TO THE 1ST RESPONDENT.

                             ---
           ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
             -----------------------------------------------------
                           W.A.No.1591 of 2021
                   (Arising out of the judgment dated 30.9.2021
                           in W.P.(C) No.13953 of 2021)
              -------------------------------------------------------
                 Dated this the 30th day of November, 2021

                                  ORDER

Heard both sides for some time.

2. Sri.B.Mohanlal, learned counsel appearing for contesting

respondent No.1 in W.A./Writ Petitioner, would strongly urge that

this is the second round of writ litigative proceedings, which has

culminated in favour of the Writ Petitioner as can be seen from a

reading of Ext.P9 judgment rendered by this Court as early as on

4.1.2021 in W.P.(C) No.28281 of 2021 as well as the present

impugned judgment rendered by a learned Single Judge on

30.9.2021 in the instant W.P.(C) No.13953 of 2021. Further that

land belonging to the Writ Petitioner's family has been duly acquired

for the establishment of the appellant Company (The Kerala

Minerals and Metals Limited.), as can be seen from Ext.P1

proceedings dated 15.5.1978 issued by the Special Tahsildar (Land

Acquisition No.1), Minerals and Metals, Chavara, Kollam District

and that none else from the petitioner's family has secured

employment in the appellant Company and that these factual aspects

have never been disputed by the appellant Company either in the

previous proceedings at Ext.P9 in W.P.(C) No.28281 of 2020 or in

the present W.P.(C) No.1591 of 2021. Further that pursuant to the

directions issued by the learned Single Judge as per the impugned

judgment dated 30.9.2021 in the instant W.P.(C)No.13953 of 2021, the

appellant Company has infact issued Annexure R1(a) order dated

12.11.2021 offering contractual appointment in favour of the Writ

Petitioner as unskilled worker on temporary basis in the Titanium

Dioxide pigment unit of the appellant Company and the Writ Petitioner

had joined the appellant Company and thereafter due to certain

extraneous pressures put forward by the Local Ruling political party,

the services of the petitioner, has been disengaged etc. and that the

present appeal has been filed without any bonafides by the appellant

Company and the aspects borne out from Annexure R1(a) dated

12.11.2021 has not been disposed in the present Writ Appeal and that

after the disengagement of the services of the Writ Petitioner on

13.11.2021, the Writ Petitioner has been constrained to file a Contempt

of Court Case arising out of the instant W.P.(C).

3. Per contra Sri.K.Anand, learned Senior Counsel instructed

by Sri.B.Radhakrishna Pillai, learned counsel appearing for the

appellant Company, has strongly denied the abovesaid factual

allegations raised by Sri.B.Mohanlal, learned counsel appearing for R1

in this appeal/Writ Petitioner and that the disengagement of the Writ

Petitioner was ordered mainly because the respondent LAPA had not

positively recommended in favour of the Writ Petitioner.

4. The appellant Company shall forthwith re-induct and

re-engage R1 in this W.A./Writ Petitioner as temporary unskilled

worker in pursuance of Annexure R1(a) order dated 12.11.2021. The

re-induction of the Writ Petitioner in pursuance of Annexure R1(a) will

be subject to the result of this W.A.

5. The Registry will place on record the original case papers

from judges papers in relation to disposed Ext.P9 WP(C) No.28281 of

2020 along with this case file for the perusal of this Court.

List the Writ Appeal in the admission list on 7.12.2021.

sd/-

ALEXANDER THOMAS JUDGE

sd/-

VIJU ABRAHAM JUDGE csl

30-11-2021 /True Copy/ Assistant Registrar