High Court Kerala High Court

R.Biju vs The Managing Director on 21 July, 2010

Kerala High Court
R.Biju vs The Managing Director on 21 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27283 of 2007(W)


1. R.BIJU, S/O.RAMACHANDRAN NADAR,
                      ...  Petitioner
2. B.RAJAN, S/O.SEETHAKUTTY NADAR,
3. G.GOPAKUMAR NAIR, S/O.MADHAVAN PILLAI,

                        Vs



1. THE MANAGING DIRECTOR,
                       ...       Respondent

2. THE ASSISTANT ENGINEER,

                For Petitioner  :SRI.P.SANTHALINGAM (SR.)

                For Respondent  :SRI.C.UNNIKRISHNAN, SC, KWA

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :21/07/2010

 O R D E R
                     ANTONY DOMINIC, J.
                    ================
               W.P.(C) NO. 27283 OF 2007 (W)
                =====================

             Dated this the 21st day of July, 2010

                        J U D G M E N T

According to the petitioners, they are provisional

employees appointed by the respondents, who are working for

more than 10 years. It is stated that, while so, their services

were ordered to be terminated, and therefore, they approached

this Court seeking to set aside the order of termination and

praying for regularization.

2. However, in the counter affidavit filed by the

respondents, the stand taken by them is that the petitioners are

workers appointed by the contractors engaged by the Kerala

Water Authority, and that therefore, neither in the matter of

their engagement nor in the matter of their termination, the

respondents have any role to play.

3. Thus, while the petitioners claim status of employees

under the respondents, according to the respondents, they are

contract workers. This disputed question of fact cannot be

resolved in a proceedings under Article 226 of the Constitution

of India, and if according to the petitioners, they are employees

WPC No. 27283/07
:2 :

of the respondents or that the arrangement with the inter

mediary is a sham one, the remedy available to the petitioners is

to seek relief from the forums created under the Industrial

Disputes Act.

4. Therefore, without expressing anything on the merits

of the claim raised by either the petitioners or the respondents,

this writ petition is closed leaving it open to the petitioners to

seek remedies before the appropriate statutory forums.

5. According to the petitioners, their services were

dispensed with during the pendency of these proceedings.

Therefore, it is clarified that depending upon the outcome of the

adjudication that may ensue, it will be open to the petitioners to

raise their claims for consequential benefits.

Writ petition is closed.

ANTONY DOMINIC, JUDGE
Rp