Kerala High Court
Rajesh Krishnan R vs State Of Kerala on 5 June, 2025
WP(C) NO. 13953 OF 2021 1 2025:KER:39696
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 5th DAY OF JUNE 2025 / 15TH JYAISTHA, 1947
WP(C) NO. 13953 OF 2021
PETITIONER:
RAJESH KRISHNAN R., AGED 40 YEARS,
S/O RUGMINI AMMA, KANJIRATHARAYIL, CHITTOOR,
PANMANA MANAYIL P.O, EDAPPALLYKOTTA, CHAVARA,
KOLLAM.
BY ADV SHRI.B.MOHANLAL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
INDUSTRIES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001, (THE CHAIRMAN,
THE KERALA MINERALS AND METALS LIMITED,
SANKARAMANGALAM, CHAVARA P.O, KOLLAM - 691583)
2 THE KERALA MINERALS AND METALS LIMITED
SANKARAMANGALAM, CHAVARA P.O, KOLLAM - 691583,
REPRESENTED BY ITS MANAGING DIRECTOR.
THE GENERAL MANAGER(P & A),
3
THE KERALA MINERALS AND METALS LIMITED (MINERAL
SEPARATION UNIT) SANKARAMANGALAM, CHAVARA P.O,
KOLLAM - 691583.
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4 THE LAND ACQUIRED PEOPLES ASSOCIATION,
REG.NO. Q-917/88, TITANIUM COMPLEX, CHAVARA,
KOLLAM, REPRESENTED BY ITS SECRETARY,
SRI. SREEJITH.
BY ADV. SMT.LATHA ANAND FOR R2, R3
SRI.V.PHILIP MATHEWS FOR R4
SRI.GIBI.C.GEORGE
SRI. VISHNU
SHRI. SREEJITH V.S., GP FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 05.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The writ petition is filed seeking appointment of the
petitioner to the post of Worker in the Kerala Minerals and Metals
Limited, Chavara, Kollam (for short 'the company') under the
preferential category, taking into consideration Exts.P1 to P3, P5,
P6, P8 and P10 to P14.
2. For the formation of the company, during the period
from 1978 to 1982, the Government acquired land. Pursuant to the
said acquisition, the company had taken a policy decision, with the
concurrence of the Government, to provide preference to one
person from each family whose land was acquired, for appointment
in the worker category in the company. However, preferential
category employees were also required to participate in open
selection and were entitled to selection only if all criteria were
found to be equal.
3. While so, on 16.03.2020, a meeting was held under the
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chairmanship of the Minister for Industries, wherein, it was decided
that the persons who were originally employed in the company
through LAPA (Land Acquired People's Association), the fourth
respondent, would be engaged as Direct Contract Workers (DCW) of
the company. A total of 743 workers engaged by LAPA were
identified, and a decision was taken that all those workers would be
engaged on a contract basis directly by the company for a minimum
period of 18 days per month. It is submitted that on the basis of the
said list, 733 persons were appointed on 01.06.2020 and 02.06.2020.
4. The petitioner in the instant case claims to be a member
of LAPA and that his mother's property was acquired for the
formation of the company. The petitioner relies on Ext.P12 for the
same purpose. The petitioner contends that after initially working
for the company, since there was no further engagement, he had to
eke out his livelihood elsewhere. On finding that he was not
included in the live list prepared by LAPA, he was not considered
for engagement, which led to the filing of this writ petition.
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5. Earlier, by judgment dated 30.09.2021, this court found
that though the petitioner was eligible, he was not given
engagement. This court recorded the contention of the
management then that the names of the petitioner and
Mr.Vinodkumar were forwarded in accordance with law. However,
the LAPA has recommended the name of Vinodkumar only. No
explanation was forthcoming from LAPA as to why the petitioner
herein was excluded. Taking note of the fact that LAPA had not
entered appearance despite notice, the writ petition was allowed,
and the petitioner was directed to be engaged within one month,
deeming that the petitioner was a person recommended by LAPA.
6. Writ Appeal No.1591/2021 was filed by the company
against the said judgment, wherein it was found that the petitioner
was engaged by the company pursuant to the directions issued by
the Court from 12.11.2021, but was disengaged immediately
thereafter. The petitioner was again re-engaged on 10.12.2021 and
continued as such till 09.05.2022. In the writ appeal, it was pointed
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out by the learned counsel appearing for the workmen therein that
the company had terminated his services contrary to the
undertaking given to the court, and therefore there was a direction
in the writ appeal to re-engage the petitioner with immediate
effect, which was also done. The Division Bench noticed the fact
that the minutes of the discussion between the union representing
the LAPA workers and the management, dated 16.03.2020, were not
produced in the writ petition. The Division Bench, noting the fact
that the petitioner was being engaged by the company, remitted the
matter for the Single Judge to consider the writ petition afresh.
7. In the meantime, Vinodkumar, who was similarly
situated as that of the petitioner, had preferred Writ Petition
No.27871 of 2021, which was allowed through judgment dated
14.12.2023. The Division Bench dismissed Writ Appeal No.167/2024
preferred by the company on 10.06.2024, rejecting the arguments of
the company that the petitioner was earlier engaged only on
account of the recommendation made by LAPA and for no other
WP(C) NO. 13953 OF 2021 7 2025:KER:39696
reason. The company took note of the contention of the workmen
therein that the fact that the petitioner therein was an evictee and
that the bye-laws of LAPA do not contain any condition of waiver of
the membership in case of employment for a limited purpose and
time. It is also to be noted that pursuant to the directions of this
court, Sri. Vinodkumar was given employment, and he is
continuing. The Special Leave Petition filed against the Ext.P27
judgment was also dismissed.
8. In the instant case, also, the company is not denying the
fact that the petitioner's mother's property was acquired and that
he had worked for the company during the period 2012. The
learned counsel for the petitioner submits that the company had
admitted that the petitioner had worked for four years in Ext.P10. It
has to be seen from the documents referred to above that the
petitioner was an evictee entitled to preference, and there is no
case for the company that the petitioner was disqualified in any
aspect. It is also to be noted, as rightly held by the Division Bench
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earlier, that the bye-laws of LAPA did not contain any condition of
waiver of membership in case of employment for a limited purpose
and time. It is relevant to note that Ext.P12 letter issued by the
company recommended considering the name of the petitioner.
9. Under such circumstances, I do not think that the case
of the petitioner is any different from the case considered by this
court in the judgments mentioned above, more so, given the
recommendation by LAPA themselves that an appropriate decision
can be taken, taking note of the fact that he was employed by the
company earlier and that he was a member of the society.
Resultantly, the stand of the company that the case of the
petitioner is different from the petitioner in the cases referred to
above cannot be accepted.
10. Accordingly, the writ petition is allowed holding that
the petitioner is eligible to be engaged by respondents 2 and 3 as a
worker as stipulated in the decision dated 16.03.2020 and is entitled
to be included as a Direct Contract Worker in terms of the decision
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taken in the meeting held on 16.03.2020. Orders in this regard
should be passed by respondents 2 and 3 within a month from the
date of receipt of a copy of this judgment.
The writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
WP(C) NO. 13953 OF 2021 10 2025:KER:39696
APPENDIX OF WP(C) 13953/2021
PETITIONER'S EXHIBITS
Exhibit 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.
Exhibit P2 THE TRUE COPY OF THE COMMUNICATION
NO.TP/PD/IR-81/02 DATED 16.07.2002 OF
THE COMPANY AND THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE COMPANY WITH
THE 4TH RESPONDENT.
THE TRUE COPY OF G.O(MS) NO.71/2005/ID
Exhibit P3 DATED 14.06.2005 ISSUED BY THE 1ST
RESPONDENT.
THE TRUE COPY OF G.O(MS) NO. 71/2005/ID
Exhibit P4 DATED 14.06.2005 ISSUED BY THE 1ST
RESPONDENT.
THE TRUE COPY OF THE CALL LETTER
Exhibit P5 NO.TP/PD/R-1/10/42 DATED 04.01.2011
ISSUED BY THE COMPANY TO THE PETITIONER.
THE TRUE COPY OF THE RELEVANT PAGE OF
Exhibit P6 THE EMPLOYEES ENTRY PASS OF THE
PETITIONER.
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION
DATED 02.06.2020 SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENTS 1 AND
THE TRUE COPY OF THE ORDER NO.
Exhibit P8 H3/237/20/INDUSTRIES DATED 16.11.2020
ISSUED BY THE 1ST RESPONDENT.
Exhibit P9 THE TRUE COPY OF THE JUDGMENT DATED
04.1.2021 IN WP(C) NO.28281/2020 OF THIS
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HON'BLE COURT.
Exhibit P10 THE TRUE COPY OF THE ORDER NO.TP/PD/L-
16/20 DATED 18.03.2021 SUBMITTED BY THE
2ND RESPONDENT TO THE 1ST RESPONDENT.
Exhibit P11 THE TRUE COPY OF THE REPLY DATED
03.04.2021 AGAINST EXT.P10 SUBMITTED BY
THE 4TH RESPONDENT TO THE 3RD
RESPONDENT.
Exhibit P12 THE TRUE COPY OF THE REPORT NO.TP/PD/L-
16/2021 DATED 12.04.2021 SUBMITTED BY
THE 2ND RESPONDENT TO THE 1ST
RESPONDENT.
Exhibit P13 THE TRUE COPY OF THE ORDER NO.
H3/64/2021/INDUSTRIES DATED 23.04.2021
ISSUED BY THE 1ST RESPONDENT.
Exhibit P14 THE TRUE COPY OF THE COMMUNICATION
NO.TP/PD/L-16/21 DATED 03.05.2021 SENT
BY THE 3RD RESPONDENT TO THE 4TH
RESPONDENT.
Exhibit P15 THE TRUE COPY OF THE REPLY DATED
21.06.2021 SENT BY THE 4TH RESPONDENT TO
THE 3RD RESPONDENT AGAINST EXT.P14.
Exhibit P16 THE TRUE COPY OF THE JUDGMENT IN W.P(C)
NO. 13953/2021 OF THIS HON'BLE COURT
Exhibit P17 THE TRUE COPY OF THE ORDER
NO.TP/PD/WC/21 DATED 12.11.2011 ISSUED
BY THE 2ND RESPONDENT
Exhibit P18 THE TRUE COPY OF THE ORDER IN W.A
NO.1591/2021 DATED 30.11.2011 OF THIS
HON'BLE COURT
Exhibit P19 THE TRUE COPY OF THE ABOVE ORDER DATED
09.12.2021 IN W.A NO.1591/2021 OF THIS
HON'BLE COURT
THE TRUE COPY OF THE ORDER
Exhibit P20 NO.TP/PD/WC/21 DATED 10.12.2021 ISSUED
TO THE PETITIONER
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Exhibit P21 THE TRUE COPY OF THE PERSONAL ORDER
NO.189/2022 DATED 09.05.2022 ISSUED BY
THE 3RD RESPONDENT
Exhibit P22 THE TRUE COPY OF THE ORDER OF THE
HON'BLE SUPREME COURT IN SLP(C) NO.721-
722/2022 DATED 31.01.2022
Exhibit P23 THE TRUE COPY OF THE ABOVE MINUTES OF
THE MEETING DATED 16.03.2020
Exhibit P24 THE TRUE COPY OF THE JUDGMENT IN W.A
NO.1591/2021 DATED 25.07.2022
Exhibit P25 THE TRUE COPY OF THE GIFT COUPON ISSUED
BY THE RESPONDENTS 2 AND 3
Exhibit P26 THE TRUE COPY OF THE ABOVE JUDGMENT IN
W.P(C) NO. 27891/2021 DATED 14.12.2023
PASSED BY THIS HON'BLE COURT
Exhibit P27 THE TRUE COPY OF THE JUDGMENT DATED
10/06/2024 IN W.A.NO:167/2024
RESPONDENTS' EXHIBITS
Exhibit R2(a) TRUE COPY OF THE MINUTES OF THE
CONFERENCE HELD ON 24.6.1977.
Exhibit R2(b) TRUE COPY OF THE JUDGMENT DATED
11/03/2021 IN WP(C) 32445/2008.
Exhibit R2(c) TRUE COPY OF THE MINUTES OF THE MEETING
DATED 16.03.2020 HELD UNDER THE
CHAIRMANSHIP OF HON'BLE MINISTER OF
INDUSTRIES.
Exhibit R2(d) TRUE COPY OF THE JUDGMENT DATED
25/07/2022 IN W.A. NO.1591 OF 2021.
Exhibit R2(e) TRUE COPY OF LETTER DATED 03.04.2021
ISSUED BY LAPA SOCIETY.
Exhibit R2(f) TRUE COPY OF LETTER DATED 12.04.2021
ISSUED BY THE COMPANY TO THE GOVERNMENT.
Exhibit R2(g) TRUE COPY OF LETTER DATED 03.05.2021
ISSUED BY KMML TO THE 3RD RESPONDENT.
Exhibit R2(h) TRUE COPY OF LETTER DATED 05.07.2021
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ISSUED BY THE 3RD RESPONDENT TO KMML.
Exhibit R2(i) TRUE COPY OF LETTER DATED 07.12.2021
ISSUED BY KMML TO LAPA SOCIETY.
Exhibit R2(j) TRUE COPY OF LETTER DATED 09.12.2021
ISSUED BY LAPA SOCIETY TO KMML.
Exhibit R2(k) TRUE COPY OF LIST OF CONTRACT WORKERS
EXCLUDED FROM THE LAPA LIST.
Exhibit R2 (e) TRUE COPY OF THE TRANSLATION OF THE
LETTER DATED 03.04.2021 ISSUED BY LAPA
SOCIETY.
Exhibit R2 (f) TRUE COPY OF THE TRANSLATION OF THE
LETTER DATED 12.04.2021 ISSUED BY THE
COMPANY TO THE GOVERNMENT.
Exhibit R2 (g) TRUE COPY OF THE TRANSLATION OF THE
LETTER DATED 03.05.2021ISSUED BY KMML TO
THE 3RD RESPONDENT.
Exhibit R2 (h) TRUE COPY OF THE TRANSLATION OF THE
LETTER DATED 05.07.2021 ISSUED BY THE
3RD RESPONDENT TO KMML.
Exhibit R2 (I) TRUE COPY OF THE TRANSLATION OF THE
LETTER DATED07.12.2021 ISSUED BY KMML TO
LAPA SOCIETY.
Exhibit R2 (j) TRUE COPY OF THE TRANSLATION OF THE
LETTER DATED 09.12.2021 ISSUED BY LAPA
SOCIETY TO KMML.
// TRUE COPY //
P.A. TO JUDGE
