The Forest Range Officer vs Sri.K.T.Mohamedali on 13 August, 2009

Kerala High Court
The Forest Range Officer vs Sri.K.T.Mohamedali on 13 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3632 of 2004(G)


1. THE FOREST RANGE OFFICER, NILAMBUR.
                      ...  Petitioner
2. THE FOREST RANGE OFFICER, EDAVANNA.

                        Vs



1. SRI.K.T.MOHAMEDALI, S/O. BEERAN,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.THOMAS ANTONY

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :13/08/2009

 O R D E R
                      C.N.RAMACHANDRAN NAIR, J.
                 ....................................................................
                            W.P.(C) No.3632 of 2004
                 ....................................................................
                  Dated this the 13th day of August, 2009.

                                        JUDGMENT

The respondent was taken by the Forest Department as a casual

employee for protecting the Cashew Plantation in the year 1979. However,

he was denied employment from 1982 onwards. After around 9 years,

respondent filed an application for referring the industrial dispute for

decision by the Labour Court. Initial award of the Labour Court was to

grant retrenchment compensation to the respondent, against which he

approached this court and this court remanded the matter again to the

Labour Court which issued Ext.P4 award against which State has filed this

W.P.(C). I heard Government Pleader appearing for the petitioners and

counsel appearing for the respondent.

2. On going through the award and after hearing both sides, I notice

that the departmental authorities have not furnished any details about period

of employment or nature of employment, even though their specific case

was that respondent was employed only as a casual employee and he was

not on regular employment. If respondent was only a casual employee

engaged on daily basis, then of course he is not entitled to any benefit.

2

However, the Labour Court assumed that he was employed for three years

continuously and was denied employment without any justification.

However, there is no finding that the respondent was appointed against a

regular post or that Government has substituted the respondent with any

other employee to show that the vacancy still remained. Strangely

respondent challenged denial of employment after nine years of release from

service. However, the finding of the Labour Court is that he is not entitled

to any back wages until then. However, the Government’s challenge is

against order reinstating the respondent. The respondent is presently over-

aged to be absorbed in Government service. Therefore, reinstatement does

not arise at all. Balance is only question of entitlement of the respondent for

back wages without doing any work. I do not find any justification for

giving wages to the respondent for the period he has not done any work. In

the first place, he would have been employed gainfully elsewhere and

obviously that is the reason why he did not claim employment under the

Government or challenge his release from service for nine years.

Therefore, I am of the view that litigation is only an afterthought and on the

encouragement of somebody. This court under interim orders ordered

payment of Rs.10,000/- to the respondent. I feel this amount will be

sufficient compensation for denial of employment to the respondent. The

3

W.P. is accordingly disposed of modifying Ext.P4 by directing payment of

Rs.10,000/- to the respondent by the petitioners as compensation for denial

of employment. If payment is already made, then the matter will be treated

as finally settled and if payment is not made, petitioner shall pay the amount

of Rs.10,000/- without any delay.

C.N.RAMACHANDRAN NAIR
Judge
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