IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24655 of 2010(F)
1. BIJU .G, S/O.GOPALAKRISHNAN NAIR,AGED 31
... Petitioner
Vs
1. KERALA MINERALS AND METALS LTD.
... Respondent
2. JOINT GENERAL MANAGER
For Petitioner :SRI.N.SUKUMARAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :06/08/2010
O R D E R
ANTONY DOMINIC, J.
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WP(C) No.24655 of 2010 (F)
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Dated, this the 6th day of August, 2010
J U D G M E N T
The 1st respondent Company published Ext.P1 vacancy
notification inviting applications for various posts including Junior
Khalasi. Claiming that he belongs to the nearby Panchayat area and
is working in the contract site, the petitioner submitted Ext.P2
application enclosing certificates. However, he filed this writ
petition stating that although candidates have been invited for
interview to be held today, he was not called for the same.
2. When the matter came up yesterday for orders, it was
adjourned today for the learned Standing Counsel to obtain
instructions. On instructions, the learned Standing Counsel for the
Company pointed out that the petitioner did not produce any
certificate evidencing that he was working at the contract sites, to
be an eligible candidate. It is stated that it was therefore that the
petitioner was not called for the interview.
3. However a perusal of Ext.P2 application submitted by the
petitioner itself shows that, towards experience, the petitioner
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stated that he is working as a Khalasi with M/s.Sanco Construction
since 2000 and still continuing at KMML, Chavara. The certificate
issued by M/s.Sanco Construction enclosed to Ext.P2 application
shows that he is certified to be working under the said Company
since 2000. Prima facie, therefore, the materials show that the
petitioner is working as Khalasi under a contractor engaged by the
respondent Company, at its site.
4. Therefore, in my view, the respondent Company ought to
have called the petitioner for interview and if necessary, could have
also called upon him to produce further proof justifying his
eligibility to be considered in terms of the conditions specified in
Ext.P1 notification.
5. In view of the above, and having regard to the fact that
the interview is going on today, it is directed that the petitioner shall
appear before the respondent Company at 3.00 PM today, along
with further documents, if any, to prove his eligibility to be
considered in terms of Ext.P1 notification. On production of such
documents, if the respondent Company is satisfied that the
petitioner meets the eligibility specified in Ext.P1, the petitioner will
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be interviewed and considered for the post.
Learned Standing Counsel for the respondent Company will
communicate the contents of this judgment to the respondent
Company for compliance.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg