Nizam Y vs State Of Kerala
2023 Latest Caselaw 2678 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                      WP(C) NO. 6804 OF 2023
PETITIONERS:

    1     NIZAM Y
          AGED 43 YEARS
          JUNIOR TECHNICIAN (FITTER)
          CONTRACT BASIS,
          KERALA MINERALS AND METALS LTD.,
          M.S.UNIT, SANKARAMANGALAM,
          CHAVARA, KOLLAM - 691583.

    2     NIYAS N
          JUNIOR TECHNICIAN (FITTER)
          CONTRACT BASIS,
          KERALA MINERALS AND METALS LTD.,
          M.S.UNIT, SANKARAMANGALAM,
          CHAVARA, KOLLAM - 691583.

          BY ADV A.ARUNA


RESPONDENTS:

    1     STATE OF KERALA
          SECRETARY TO GOVERNMENT,
          DEPARTMENT OF INDUSTRIES,
          SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.

    2     KERALA MINERALS AND METALS LIMITED
          REPRESENTED BY THE MANAGING DIRECTOR,
          KERALA MINERALS AND METALS LTD.,
          SANKARAMANGALAM, CHAVARA,
          KOLLAM - 691583.

    3     MANAGING DIRECTOR,
          KERALA MINERALS AND METALS LTD.,
          SANKARAMANGALAM, CHAVARA,
          KOLLAM - 691583.
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W.P.(C) No.6804 of 2023




       4        GENERAL MANAGER ( MS/TSP &HR/EDP)
                KERALA MINERALS AND METALS LTD.,
                SANKARAMANGALAM, CHAVARA,
                KOLLAM - 691583.

       5        JOINT GENERAL MANAGER (P & A)I/C
                KERALA MINERALS AND METALS LTD.,
                SANKARAMANGALAM, CHAVARA,
                KOLLAM - 691583.

       6        MANAGER (P & A) I/C
                KERALA MINERALS AND METALS LTD.,
                MINERAL SEPARATION UNIT,
                KOVILTHOTTAM, CHAVARA,
                KOLLAM - 691583.

                BY ADVS.
                ANIMA M. GP.
                LATHA ANAND SC.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.6804 of 2023




                               JUDGMENT

Dated this the 1st day of March, 2023

The petitioners are working as Junior Technician (Fitter) on

contract basis in the 2nd respondent-Kerala Minerals and Metals

Ltd.

2. The petitioners state that there are in total 12 Junior

Technicians working on contract basis, including them. The 2 nd

respondent has proposed to regularise the 12 contractual

employees working as Junior Technicians (Fitter) in MS Unit

including the petitioners, taking into consideration their skill and

expertise.

3. In the meanwhile, seven Junior Technicians among the

12 contractual employees filed W.P.(C) No.5077/2021. The said

writ petition was disposed of as per Ext.P15 judgment. In Ext.P15

judgment, this Court directed the 1st respondent to consider the

W.P.(C) No.6804 of 2023

proposal regarding the regularisation of the contractual employees

made by the 2nd respondent.

4. The petitioners state that they are also similarly

situated, but the directions in W.P.(C) No.5077/2021 are to

consider the case of the regularisation of seven Junior

Technicians, who are parties to the writ petition alone.

5. The petitioners would submit that they have also

rendered long years of service, and if the issue of regularisation is

considered only in respect of seven employees excluding the

petitioners, the petitioners will be put to untold hardship and loss.

In the circumstances, the petitioners seek to quash Ext.P14 and to

direct the respondents to pass orders regularising the service of

the petitioners as Junior Technicians (Fitter) from the initial date of

appointment in the 2nd respondent, with all service benefits.

6. Standing Counsel entered appearance on behalf of

respondents 2 to 6. The Standing Counsel controverted all the

allegations made by the petitioners in the writ petition. As regards

W.P.(C) No.6804 of 2023

Ext.P15 judgment, it is pointed out that the said seven petitioners

approached this Court and this Court directed the Government to

consider the issue of regularisation of the petitioners in the said

writ petition. Though the petitioners in this writ petition are working

in the same institution/unit, they cannot be treated under the same

criteria for the reason that the petitioners in W.P.(C) No.5077/2021

have long years of service, more than ten years. Comparing to

them, the service of the petitioners in this writ petition is far less.

However, the petitioners in this writ petition as well as the

petitioners in W.P.(C) No.5077/2021 are working in the same

cadre. Respondents 2 to 6 have no objection in Government

considering their issue of regularisation in accordance with law.

7. I have heard the learned counsel for the petitioners, the

learned Government Pleader representing the 1st respondent and

the learned Standing Counsel appearing for respondents 2 to 6.

8. It is evident that Junior Technicians (Fitter) working with

the 2nd respondent-company and are similarly situated like the

W.P.(C) No.6804 of 2023

petitioners have already approached this Court by filing W.P.(C)

No.5077/2021. This Court disposed of the said writ petition with

the follows directions.

"In the above view of the matter, there will be a direction to the Government to take up the request made by the company for regularisation of the services of the petitioners and to pass a speaking order thereon, with notice to the petitioners as well and after hearing the representatives of the 2nd respondent untrammeled by Annexure - R2(c). Appropriate orders shall be passed as directed above, after hearing the petitioners as well as the 2nd respondent, within a period of three months from the date of receipt of a copy of this judgment."

9. I find that the petitioners are also working as Junior

Technicians (Fitter) and are similarly situated to the petitioners in

the matter of their category/post. Ext.P15 judgment has confined

the relief granted to the petitioners in W.P.(C) No.5077/2021

alone. In the circumstances of the case, I am of the view that the

grievance made by the petitioners regarding non-regularisaton of

their service is also liable to be considered by the 1st respondent.

In view of the above, following the judgment in W.P.(C)

No.5077/2021, this writ petition is disposed of directing the 1 st

W.P.(C) No.6804 of 2023

respondent to take up the request made by the company for

regularisation of the service of Junior Technicians (Fitter) and to

pass a speaking order thereon with notice to the petitioners and

after hearing a representative of the 2nd respondent.

Sd/-

N. NAGARESH JUDGE ams

W.P.(C) No.6804 of 2023

APPENDIX OF WP(C) 6804/2023

PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE NO.MS/PD/T4/2023 DATED 21.01.2023 ISSUED BY THE 6TH RESPONDENT WITH RESPECT TO THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE CERTIFICATE NO.MS/ PD/T4/2023 DATED 21.01.2023 ISSUED BY THE 6TH RESPONDENT WITH RESPECT TO THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.MS/PD/T4/15/467 DATED 11.11.2015 ISSUED BY THE PERSONAL OFFICER, KERALA MINERALS AND METALS LTD. WITH RESPECT TO PETITIONER NO. Exhibit P4 TRUE COPY OF THE COMMUNICATION NO.MS/PD/T4/15/467 DATED 11.11.2015 ISSUED BY THE PERSONAL OFFICER, KERALA MINERALS AND METALS LTD. WITH RESPECT TO PETITIONER NO.2 Exhibit P5 TRUE COPY OF THE NATIONAL TRADE CERTIFICATE NO. 190079 ISSUED BY THE NATIONAL COUNCIL FOR VOCATIONAL TRAINING TO THE PETITIONER NO.1 BASED ON THE TEST HELD IN MARCH, 1998 Exhibit P6 TRUE COPY OF THE NATIONAL TRADE CERTIFICATE NO. 269214 ISSUED BY THE NATIONAL COUNCIL FOR VOCATIONAL TRAINING TO THE PETITIONER NO.1 AFTER THE TEST HELD IN JULY, 2002 Exhibit P7 TRUE COPY OF THE COMMUNICATION NO.H3/112/18/INDUSTRIES DATED 08.10.2018 ISSUED BY THE 1ST RESPONDENT TO MR. ANILKUMAR. Exhibit P8 TRUE COPY OF THE COMMUNICATION NO.MS/PD/ADM24/16/09 DATED 01.12.2015 ISSUED BY THE 3RD RESPONDENT FOR 2ND RESPONDENT TO THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF THE COMMUNICATION NO.MS/PD/ADM-

24/2019 DATED 25.09.2019 ISSUED BY THE 3RD RESPONDENT FOR 2ND RESPONDENT TO THE 1ST

W.P.(C) No.6804 of 2023

RESPONDENT Exhibit P10 TRUE COPY OF THE COMMUNICATION NO.MS/PD/ADM-

21/2020 DATED 21.08.20210 ISSUED BY THE 3RD RESPONDENT FOR 2ND RESPONDENT TO THE 1ST RESPONDENT Exhibit P11 TRUE COPY OF G.O(MS)NO.116/2020/ID DATED 29.12.2020 Exhibit P12 TRUE COPY OF THE COMMUNICATION NO.MS/PD/ADM-

21/2021 DATED 16.01.2021 ISSUED BY THE 3RD RESPONDENT FOR THE 2ND RESPONDENT TO THE 1ST RESPONDENT Exhibit P13 TRUE COPY OF THE COMMUNICATION NO.MS/PD/ADM-

2021 DATED 03.02.2021 ISSUED BY THE 3RD RESPONDENT FOR THE 2ND RESPONDENT TO THE 1ST RESPONDENT Exhibit P14 TRUE COPY OF THE NOTIFICATION DATED 10.02.2021 ISSUED BY THE 4TH RESPONDENT Exhibit P15 TRUE COPY OF THE JUDGMENT DATED 22.11.2022 IN W.P(C)NO.5077/2021 PASSED BY THE HON'BLE HIGH COURT OF KERALA Exhibit P16 TRUE COPY OF THE LETTER NO. .H3/223/2020-ID DATED 12.02.2021 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT Exhibit P17 TRUE COPY OF THE STANDING DISABILITY ASSESSMENT BOARDS' CERTIFICATE ISSUED BY A.A RAHIM MEMORIAL DISTRICT HOSPITAL, CERTIFICATE NO.C26/4/15 DATED 23.01.2015 WITH RESPECT TO MUHAMMED MAJID N (SON OF THE 1ST PETITIONER)