High Court Kerala High Court

Wilson Jacob vs The State Of Kerala on 4 January, 2010

Kerala High Court
Wilson Jacob vs The State Of Kerala on 4 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2688 of 2009()


1. WILSON JACOB, JUNIOR FIELD OFFICER,
                      ...  Petitioner
2. C.VENUGOPALAN, ASSISTANT SECURITY
3. V.V.VASU, FIELD SUPERVISOR,
4. V.K.CHANDU,   -DO-   -DO-
5. A.T.BALAN,   -DO-    -DO-
6. K.R.SASI,    -DO-    -DO-
7. R.RAMUNNI,    -DO-   -DO-
8. P.PRABHAKARAN,   -DO-   -DO-
9. A.M.GOPALAN,    -DO-   -DO-
10. C.RAMACHANDRAN,  -DO-    -DO-
11. K.KRISHNAN,     -DO-   -DO-
12. K.T.MANIYAN,     -DO-    -DO-
13. M.BALAKRISHNAN,  -DO-    -DO-
14. K.LEELAMMA,     -DO-    -DO-
15. A.M.CHANDRAN,   -DO-     -DO-
16. M.C.RAMANAN,    -DO-    -DO-
17. B.BALAN,    -DO-    -DO-
18. A.VELAYUDHAN,    -DO-    -DO-
19. A.CHIMBAN,   -DO-    -DO-
20. T.K.UNNI,   -DO-   -DO-
21. K.KUNKAN,    -DO-    -DO-
22. P.M.SUKUMARAN,   -DO-   -DO-
23. K.N.DAYAN,    -DO-    -DO-
24. N.PADMANABHAN,   -DO-   -DO-
25. P.ANILKUMAR,   -DO-    -DO-
26. V.HARIDASAN,    -DO-    -DO-
27. RAJAN K.CHANNAN,   -DO-   -DO-
28. E.K.RAMAKRISHNAN, LOWER DIVISON CLERK,
29. DAISAMMA JOSEPH,   -DO-   -DO-
30. K.T.RAMACHANDRAN,    -DO-    -DO-
31. K.RAGHAVAN,    -DO-    -DO-
32. K.MANORANJAN, TYPIST CUM CLERK,
33. P.VENU,    -DO-    -DO-
34. V.P.VENUGOPALAN, OFFICE MANAGER,
35. V.ACHUTHAN, PEON,   -DO-    -DO-
36. BHOJ BHADAR SINGH, SECURITY GUARD,
37. BUDHI BHADUR,    -DO-    -DO-
38. KUMAR SINGH,    -DO-   -DO-
39. POORNA BHADUR,   -DO-    -DO-
40. T.K.VELAYUDHAN, FIELD ASSISTANT,
41. ANNAN,   -DO-    -DO-
42. P.C.MANI,   -DO-   -DO-
43. P.P.RAJAN,   -DO-   -DO-
44. C.S.BASTIAN,    -DO-    -DO-
45. SEKHARAN, DRIVER,   -DO-   -DO-
46. N.PRABHAKARAN ADIYODI, CURINGMAN,
47. A.VASUDEVAN, BLACKSMITH,
48. K.SOMAN, WATCHMAN CUM COOK,
49. P.K.LEELA, MASALACHI,   -DO-    -DO-
50. P.SAHADEVAN, CARPENTER,    -DO-   -DO-
51. A.K.ANNAMMA, TYPIST,    -DO-   -DO-

                        Vs



1. THE STATE OF KERALA, REPRESNETED BY THE
                       ...       Respondent

2. THE DIRECTOR,

3. THE SOUTH WAYNAD GIRIJAN JOINT FARMING

4. THE DISTRICT COLLECTOR,

5. THE REGIONAL PROVIDENT FUND

                For Petitioner  :SRI.J.OM PRAKASH

                For Respondent  :SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F.

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :04/01/2010

 O R D E R
S.R. Bannurmath, C.J. & Thottathil B. Radhakrishnan, J.

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                      W.A.No. 2688 OF 2009
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            Dated this the 4th day of January, 2010

                             JUDGMENT

Thottathil B. Radhakrishnan, J.

Petitioners claim that they were employed in one of the

Co-operative Societies which stood governed by the provisions

of Ext.P1 Government Order. In terms thereof, the

Government came forward to provide assistance and

essentially salvage four projects under four different

Co-operative Societies which were for the purpose of Girijan

Communities. The projects were fundamentally implemented

by the Planning and Economic Affairs Department under the

Western Ghats Development Programme during the V & VI Five

Year Plan periods for the economic rehabilitation of tribals by

forming co-operative societies under Government auspices.

Thereafter the administrative control of those societies were

transferred from Economic Affairs Department to the

Agricultural Department to ensure technical supervision.

Ultimately, with the passage of time, the requirement of those

W.A.No. 2688 OF 2009
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societies to be manned by personnel appointed on different

terms, became unnecessary. Since the societies fell to be

non-functional, the purpose of the Societies had essentially

worked out.

2. Petitioners made the technical plea that they have not

been terminated from service, as understood in law, nor

retrenched and therefore they are entitled to pay for the period

during which they continued on the rolls and were permitted to

sign the attendance register. The admitted case of the

petitioners is that though they signed the attendance register,

they had not done any work. It may be true that formal

termination was done only at a later point of time. But, taking

the overall situation of the societies into consideration and all the

relevant facts, the learned Single Judge has rightly exercised the

discretion by rejecting the petitioners’ request and has

categorically stated in paragraph 6 of the impugned judgment

that no issue relating to the reinstatement arises and the

petitioners’ claim for salary for the period during which they were

alleged to be kept out of employment could be considered only

W.A.No. 2688 OF 2009
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on the principle of “no work, no pay”.

3. On the facts, the learned Judge held that when the

petitioners had not admittedly worked for the period in question,

there is absolutely no reason to exercise the jurisdiction under

Article 226 of the Constitution and to direct payment of salary for

that period, merely for the default on the part of the Government

or the Society in issuing a formal order dispensing with their

services, also like that of the labourers. The said decision of the

learned Single Judge is rendered in discretionary jurisdiction;

stating clear reasons, which according to us, require no

interference in appeal.

For the aforesaid reasons, the Writ Appeal fails and the

same is accordingly dismissed.

S.R. Bannurmath,
Chief Justice.

Thottathil B. Radhakrishnan,
Judge.

ttb

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