Kerala High Court
Kerala Feeds Employees ... vs M/S.Kerala Feeds Limited on 13 February, 2025
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W.P.(C) No.25200 of 2019
2025:KER:12102
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 13TH DAY OF FEBRUARY 2025 / 24TH MAGHA, 1946
WP(C) NO. 25200 OF 2019
PETITIONERS:
1 KERALA FEEDS EMPLOYEES CONGRESS (INTUC)
REG.NO.08.01.2005, KALLETUMKARA,
THRISSUR, PIN-680683, REPRESENTED BY ITS
SECRETARY, RADHAKRISHNAN M.R., AGED 55 YEARS,
S/O.RAMAN, MADATHIPARAMBIL HOUSE,
PUTHENCHERA P.O, THRISSUR-680 682.
2 KERALA FEEDS EMPLOYEES ASSOCIATION (CITU)
REG.NO. 08.06.2002, KALLETUMKARA, THRISSUR,
PIN-680 683, REPRESENTED BY ITS SECRETARY,
SHAJU T.S, AGED 45 YEARS, S/O.SHAHUL,
THRISSUKKARAN HOUSE, KALLETUMKARA P.O,
THRISSUR-680 683.
3 ANIL KUMAR K.A,
AGED 52 YEARS, S/O.AYYAPPAN,
NOW WORKING AS SENIOR STORE KEEPER,
RESIDING AT KOLAYATTIL HOUSE, PULLUR P.O,
THRISSUR-680 683.
4 USAF P.I,
AGED 55 YEARS, S/O. IBRAHIM,
NOW WORKING AS SENIOR STORE KEEPER,
RESIDING AT PUTHIYAVEETTIL HOUSE,
KATTOOR P.O, THRISSUR-680 702.
BY ADVS.
SRI.BLAZE K.JOSE
SMT.NIVEA LIZ PETER FERNANDEZ
SMT.SHEENAMOL VARGHESE
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W.P.(C) No.25200 of 2019
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RESPONDENTS:
1 M/S.KERALA FEEDS LIMITED
KALIETTUMBARA THIRISSUR, PIN- 680 683,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN- 695 001.
3 USHA ASOKAN,
MANGARATH HOSUE PALISSERY,
ANNAMANADA P.O, THRISSUR-680 741.
4 SHAIJA A.K,
ADOOPARAMBIL HOUSE, CHETTIKULAM P.O,
KAMMALAM, THRISSUR-680 721.
5 SAJEEVAN K,
KANDALAT HOUSE, MARKERI,
PERALASSERRY P.O, KANNUR-670 622.
6 ANIL KUMAR K.R,
ABHIDEVAM, PAVANAM ROAD, CHEMBUKKAVU,
THRISSUR-680 020.
7 SHILAN K.B,
KUZHUPPULLY HOUSE, PARAPPOOKKARA P.O,
THRISSUR-680 310.
8 SHEEBA RENSON,
KOYIKAL HOUSE, VAYALAR P.O,
CHERTHALA-688 536.
9 SUHISH KUMAR D.S,
D.S.MANDIRAM, KILIMAVILA,
PERUMPAZHUTHOOR P.O, NEYATTINKARA-695 126.
10 PADMACHANDRAN R.I.
MAYA NIVAS, TC 6/790, ARAPPURA,
VATTIYOURKAVU, TRIVANDRUM -695 013.
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W.P.(C) No.25200 of 2019
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11 RAJESWARI V.V,
VALIYAVEETTIL HOUSE,
PARUVATHURUTH P.O, N.PARAVOOR-683 513.
12 ARUNRAJ S,
UDAYAGIRI, VAYALA P.O, ANCHAL,
KOLLAM-691 306.
13 ANEES K,
KARATTIL HOUSE, PATHANAPURAM,
VALILLAPUZHA P.O, AREACODE, MALAPURAM-673639.
14 DINU K.DIVAKAR,
KANJIRATHUNKAL HOUSE, THATTAKUZHA P.O,
THODUPUZHA, IDUKKI-685 581
15 NISHAD P.T,
PULLAN HOUSE, MURINGOOR P.O,
THRISSUR-680 316
16 SOUMYA K.R,
KANNANKATTIL HOUSE, ASHTAMICHIRA P.O,.
ASHTAMICHIRA-680 731.
17 LATHAMOL P.V,
PUTHUSSERY HOUSE, THOZHEKKAD P.O,
KOMBODINJAMAKKAL, THRISSUR-680 697
18 SAJEEVAN N.A,
NAMBIANCHIRA, KALLETUMKARA,
THRISSUR-680 683.
19 RESMY SUBRAMAIAN,
THALIYATHUKUDY HOUSE, V.R.PURAM P.O,
CHALKUDY VIA, URUBANKUNNU-680 722.
20 SIJI JOJO,
THUKKUPARAMBIL HOUSE, CHALAKUDY P.O,
THRISSUR-680 307
21 ANOOP E.K,
ESWARAMANGALATH HOUSE, KALLUR P.O,
THRISSUR-680 317
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22 MANEESH V.C,
VELAPARAMBIL HOUSE, KARUPADANNA P.O,
KODUNGALLUR-680 670
23 SREEJITH VENUGOPAL,
KUZHIKKATTIPURATH HOUSE, MURIYAD P.O,
IRINJALAKUDA, TRISSUR-680 694.
24 ADDL.24.
SIJI.M.B
W/O.MANOJ K.U., MUNNATHUMABIL HOUSE,
NANDIPULAM, THRISSUR DISTRICT, PIN - 680 312.
25 ADDL.R25.
GIFNA K.G.,
W/O.SEEJO V.J., VADAKKUMBADAN HOUSE,
MURINGOOR, THRISSUR, PIN - 680 309.
26 ADDL.R26.
REVATHI.C.C.,
W/O.BIJU K.M., KUNDIL HOUSE, PULLUR,
IRINJALAKUDA, THRISSUR DIST., PIN - 680 683.
27 ADDL.R27.
RAJAN K.,
AGED 48 YEARS, S/O.KANDAN @ KANDUMUTHAN,
ANDIKULUMBU, ANAMARI P.O., KOLLENGODE,
PALAKKAD DIST., PIN - 678 506.
(ADDITIONAL R24 TO R27 ARE IMPLEADED AS PER ORDER
DATED 22.10.2020 IN I.A.1/2020 IN WP(C).)
BY ADVS.
SRI.JOSEPH M.P.
SRI.MANU GOVIND
SRI.A.JAYASANKAR
SRI.V.M.KRISHNAKUMAR
SRI.T.JAYAN, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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HARISANKAR V. MENON, J.
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W.P.(C) No.25200 of 2019
------------------------------
Dated this the 13th day of February, 2025
JUDGMENT
Petitioners 1 and 2 are the trade unions of various
employees like petitioners 3 and 4, who are permanent
employees with the 1st respondent Company. Respondents 3 to
23 are stated to have been appointed in the 1st respondent
company on a daily wage basis, allegedly through back door.
The petitioners contend that when the afore respondents 3 to
23 were sought to be regularised, they were before this Court
on an earlier occasion and by Ext.P2 judgment, the stand taken
by the 1st respondent company that, at that point of time, there
was no decision taken to regularise the services of the
temporary employees was taken note of and permitted the
petitioners to approach appropriate authorities, if need arises.
2. The petitioners contend that, subsequently, pursuant
to Ext.P3 communication by the company addressed to the
Government during July, 2019, a decision was taken to
regularise the services of respondents 3 to 23 and it is in that
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circumstances that the captioned writ petition is filed by the
petitioners.
3. Heard Sri.Blaze K. Jose, the learned counsel for the
petitioners, Sri.M.P.Joseph, the learned Standing Counsel for
the 1st respondent, Sri.T.Jayan, the learned Government
Pleader for the 2nd respondent, Sri.Manu Govind, the learned
counsel for respondents 3 to 23 and Sri.Krishnakumar V.M., the
learned counsel for additional respondents 24 to 27.
4. Sri.Blaze, the learned counsel for the petitioners,
would invite the attention of this Court to Ext.P4 promotion
policy finalized by the Government to show that, if the
regularisation as proposed takes place, the future prospects of
the members of petitioners 1 and 2 will be defeated.
5. However, the learned counsel for respondents 3 to
23, Sri.Manu, submits that, at present, out of the 21 employees,
five have already left the services of the 1st respondent, and as
regards balance 16, they sought for regularisation from the
company, citing various subsequent judgments rendered by the
Apex Court.
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6. This Court notices that, while rendering Ext.P2
judgment, a learned Single Judge of this Court had left open the
right of the rival parties to seek regularisation as well as to
challenge regularisation, citing appropriate reasons.
7. In such circumstances, especially since the complaint
alleged in this writ petition is with respect to regularisation of
employees who have admittedly put in more than 20 years of
service, I am of the opinion that, ultimately, it is for the
Government to consider and take appropriate decisions in that
matter.
In such circumstances, this writ petition would stand
disposed of, directing the 2nd respondent herein to have a
decision arrived at on Ext.P3, after hearing all the stakeholders
including the petitioners 1 and 2, respondents 3 to 23 as well
as additional respondents 24 to 27, within a period of eight
weeks from today.
The Government would extend a fair opportunity of
hearing and would also take into account the various written
submissions to be made from the side of the respective parties.
The Government to consider the submissions made with
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reference to Ext.P4 as well as the judgments of the Apex Court
in Secretary, State of Karnataka and Others v. Umadevi
and Others [(2006) 4 SCC 1), Jaggo v. Union of India
[2024 INSC 1034] and Shripal and anr v. Nagar Nigam,
Ghaziabad [2025 INSC 144].
Sd/-
HARISANKAR V. MENON
JUDGE
anm
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APPENDIX OF WP(C) 25200/2019
PETITIONERS' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 15.05.1997.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.24392 OF 2010 DATED 14.12.2018.
EXHIBIT P3 A TRUE COPY OF THE LETTER SUBMITTED BY
THE MANAGING DIRECTOR OF THE 1ST
RESPONDENT BEFORE THE 2ND RESPONDENT DATED
03.07.2019.
EXHIBIT P4 A TRUE COPY OF THE MEMORANDUM OF
UNDERSTANDING DATED 27.11.2015 BETWEEN
THE 1ST RESPONDENT AND THE RECOGNIZED
TRADE UNIONS.
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION MADE BY
THE 1ST AND 2ND PETITIONERS TO THE 2ND
RESPONDENT DATED 26.08.2019.
RESPONDENTS' EXHIBITS
EXHIBIT R1(a) TRUE COPY OF THE RELEVANT PAGES OF BOARD
RESOLUTION DATED 13-12-2010.
EXHIBIT R1(b) TRUE COPY OF THE LETTER DATED 9-12-2015
BY 1ST RESPONDENT.
EXHIBIT R27(a) TRUE COPY OF THE PROCEEDINGS OF THE
KERALA FEEDS LTD DATED 24.11.2007
EXHIBIT R27(b) TRUE COPY OF LETTER DATED 18.05.2012
ISSUED BY KERALA FEEDS LIMITED
EXHIBIT R27(c) TRUE COP Y OF THE GOVERNMENT ORDER G.O.
(MS).NO.20/2018/ITD DATED 15.08.2018.
EXHIBIT R27(d) TRUE COPY OF THE GOVERNMENT ORDER G.O.
(MS).NO.134/2019/AGRL. DATED 16.11.2019.
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EXHIBIT R27(e) TRUE COPY OF THE GOVERNMENT ORDER G.O.
(MS).NO.132/2019/AGRL. DATED 16.11.2019.
