IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 615 of 2008()
1. GENERAL SECRETARY
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD
... Respondent
2. GENERAL SECRETARY, K.S.E.B
3. GENERAL SECRETARY, K.S.E.B
4. STATE OF KERALA
5. PRINCIPAL SECRETARY TO THE GOVERNMENT
6. INDUSTRIAL TRIBUNAL
For Petitioner :SRI.S.RAMESH BABU
For Respondent :SRI.N.N.SUGUNAPALAN (SR.)
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :22/10/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
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W.A.No.615 of 2008
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Dated, this the 22nd day of October, 2008
JUDGMENT
H.L.Dattu, C.J.
The Kerala State Electricity Board (‘the Board’ for short),
being aggrieved by the orders passed by the learned Single Judge in
W.P.(C) No.28836 of 2005 dated 16th November, 2007 has filed this writ
appeal.
(2) The Board had called in question the award passed by
the Industrial Tribunal, Palakkad in I.D.No.27 of 2002 dated 15th
December, 2004. By the impugned award, the Industrial Tribunal had
issued certain directions to the Board in regard to the regularization of the
petty contract workers and contract line workers.
(3) The learned Single Judge after carefully perusing the
award passed by the Industrial Tribunal has found that the workmen are
directly engaged by the Board and they are doing the works which are in
regular in nature and their services are required for the proper functioning
of the Board. The learned Judge has also found that the works normally
done by the Electricity workers are being done by the workmen concerned.
Keeping this aspect of the matter in view, the learned Single Judge while
confirming the award passed by the Industrial Tribunal, has rejected the
W.A.No.615 of 2008 2
writ petition filed by the Board.
(4) In the operative portion of the order, the learned Single
Judge has restricted the benefit of the award passed by the Industrial
Tribunal only to such of those workmen whose names are mentioned in
W23 and W24 series which are appended to the award itself.
(5) The Union being aggrieved by this portion of the order
passed by the learned Single Judge is before us in this writ appeal.
(6) When the Union had raised a dispute before the
Industrial Tribunal, Palakkad in I.D.No.27 of 2002, had furnished the list
of workmen who were working as petty contract workers and contract line
workers. The award passed by the Industrial Tribunal would only benefit
to those workmen whose names are mentioned in the list furnished by the
Union while filing the claim petition before the Industrial Tribunal. The
said benefit cannot be extended to such of those people whose names do
not find a place in the list when the Union went for the first time before the
Industrial Tribunal. Keeping this aspect of the matter in view, in our
opinion, the learned Single Judge is fully justified in restricting the benefit
of the award passed by the Industrial Tribunal only to such of those
workmen whose names find a place in W23 and W24 series appended to
the award and further that they should satisfy the other conditions
stipulated in the award itself.
W.A.No.615 of 2008 3
(7) In that view of the matter we do not see any infirmity in
the orders passed by the learned Single Judge which would call for our
interference in appeal. Therefore, the writ appeal requires to be rejected
and it is rejected.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(A.K.BASHEER)
JUDGE
vns