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K.K.SURESH, ANCILLIARY WORKER versus THE FOOD CORPORATION OF INDIA

High Court of Kerala

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K.K.SURESH, ANCILLIARY WORKER v. THE FOOD CORPORATION OF INDIA - WA No. 479 of 2002 [2007] RD-KL 11457 (28 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 479 of 2002()

1. K.K.SURESH, ANCILLIARY WORKER,
... Petitioner

2. P.L.SEBY, ANCILLIARY WORKER,

Vs

1. THE FOOD CORPORATION OF INDIA,
... Respondent

2. SENIOR REGIONAL MANAGER,

3. THE DISTRICT MANAGER,

4. T.R.C.L.C. CO-OPERATIVE SOCIETY LTD.,

For Petitioner :SRI.KRB.KAIMAL

For Respondent :SRI.T.P.M.IBRAHIM KHAN, SC, FCI

The Hon'ble MR. Justice K.S.RADHAKRISHNAN The Hon'ble MR. Justice ANTONY DOMINIC

Dated :28/06/2007

O R D E R

K.S.RADHAKRISHNAN & ANTONY DOMINIC, JJ

W.A.479/2002 & 480/2002

Dated this the 28th day of June, 2007



JUDGMENT

K.S.Radhakrishnan, J.

Both these appeals arise out of a common judgment in O.P.Nos.20178/1997 and 20334/1997. O.P.No.20178/1997 was preferred seeking a writ of mandamus directing the respondents to regularise the services of the petitioners and also for other consequential reliefs. Learned Single Judge disposed of the petition along with another writ petition, following the decision of the Apex Court in Steel Authority of India v. National Union Water Front Worker and Others (2001 JT (7) SC 268) without prejudice to the rights of the petitioners to work out their remedies accordingly. Counsel for the petitioners submitted that the dictum laid down in "Steel Authority of India" would not apply to the petitioners.

2. No materials have been produced to show that the petitioners had worked as Contract Labourers in the W.As.479 & 480/2002 2 Corporation. On the other hand, available facts would indicate they were working as Officer Assistants. It is specifically stated in paragraph 15 of the counter affidavit that "the appointment of the petitioners were made by the FCI as clerical staff to attend the clerical work of the society who were graduates and post Graduates appointed by the concerned societies in other Districts to work as Secretary/Clerical Staff, who also expressed their willingness to work as Casual Labourers."

3. In such circumstances, the petitioners are not entitled to get regularisation of services as Contract Labourers. Hence both the appeals are dismissed. K.S.RADHAKRISHNAN Judge ANTONY DOMINIC Judge mrcs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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