Binoy v. The Vegitable & Fruit Promotion Council
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WA.No. 574 of 2009 (C) IN WP(C).11132/2009 -------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 11132/2009 of HIGH COURT OF KERALA DATED 03-03-2009 APPELLANTS/PETITONERS:
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1. BINOY, MANAGEMENT ASSISTANT, VEGATABLE AND FRUIT PROMOTION COUNCIL KERALAM MYTHRI BHAVAN, NEAR DOORDARSHAN KENDRA, KAKKANAD KOCHI-37.
2. SUPRABHA C., MANAGEMENT ASSISTANT, VEGETABLE AND FRUIT PROMOTION COUNCIL KERALAM, PROJECT AREA MALAPPURAM TRAINING CENTRE, PADMASREE BUILDING NEAR TOWN HALL, MANJERI, MALAPPURAM.
3. SUNIMOL J., MANAGEMENT ASSISTANT, VEGETABLE AND FRUIT PROMOTION COUNCIL, PROJECT AREA THRISSUR, TRAINING CENTRE, KOODALI AREADE PUTHUKKAD, THRISSUR.
4. BABURAJ T.S., SERVICE ASSISTANT, VEGETABLE AND FRUIT PROMOTION COUNCIL KERALAM MYTHRI BHAVAN, NEAR DOORDARSHAN KENDRA, KAKKANAD KOCHI-37.
5. SUDHIRAJ A.R., SERVICE ASSISTANT, VEGETABLE AND FRUIT PROMOTION COUNCIL, PROJECT AREA THRISSUR, TRAINING CENTRE, KOODALI AREADE PUTHUKKAD, THRISSUR.
6. P.S.KRISHNANUNNI, OFFICE ASSISTANT, VEGETABLE AND FRUIT PROMOTION COUNCIL KERALAM MYTHRI BHAVAN, NEAR DOORDARSHAN KENDRA, KAKKANAD KOCHI-37.
7. SIMI M.S., MANAGEMENT ASSISTANT, VEGETABLE AND FRUIT PROMOTION COUNCIL KERALAM RESIDING AT MANNATH HOUSE, THALIKULAM P.O., THRISSUR. ...2
WA.No. 574 of 2009 (C) IN WP(C).11132/2009 -2-
8. SHEEJA V., MANAGEMENT ASSISTANT, VEGETABLE AND FRUIT PROMOTION CONCIL KERALAM RESIDING AT KONATHU VEEDU, CHITTACODE, MARANADU P.O. KOLLAM.
BY ADVS.SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS/RESPONDENTS:
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1. THE VEGETABLE & FRUIT PROMOTION COUNCIL KERALAM, REP. BY ITS CHIEF EXECUTIVE OFFICER MYTHRI BHAVAN, NEAR DOORDARSHAN KENDRA, KAKKANAD KOCHI-37.
2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF AGRICULTURE, GOVERNMENT OF KERALA THIRUVANANTHAPURAM.
3. MR.CYRIL KURIYACOS, FARMER DIRECTOR, VEGETABLE AND FRUIT PROMOTION COUNCIL KERALAM RESIDING AT POTHARAYIL, PERUMADAVOM P.O., ELANJI. R1 BY ADV. SRI.N.SUGATHAN R1 BY ADV. SRI.V.M.KURIAN,SC,VEGETABLE & FRUIT PRO R1 BY ADV. SRI.S.M.PRASANTH, SC, VEGETABLES & FRUITS PROMOTION COUNCIL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18-09-2015, ALONG WITH WA. 580/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JJJ
ASHOK BHUSHAN, C.J.
& K. VINOD CHANDRAN, J.
------------------------------------------ W.A. Nos. 574 & 580 of 2009 ------------------------------------------ Dated this the 18th day of September, 2015
J U D G M E N T
Ashok Bhushan C.J.
Heard the learned counsel appearing for the appellants, the learned Standing Counsel appearing for the respondent as also the learned Government Pleader. 2.
Both these Writ Appeals have been filed against a common judgment dated 3rd March, 2009. The writ petitions have been filed by the writ petitioners challenging an order by which the writ petitioners were dismissed. The petitioners in the writ petitions have challenged their termination as daily-wage-employees. The petitioners had claimed in their writ petitions that their regularisation has already been ordered by a resolution taken by the Board. 3.
The learned counsel appearing for the respondent Council in W.A. No.574/2009 has submitted that, the 1st, 6th
W.A. Nos.574 & 580/2009 -2and 7th appellants have already been regularised and the 2nd, 3rd and 8th appellants did not appear when they were offered daily-wage-employment and the 4th appellant had resigned.
4.
With regard to W.A. No.580/2009 all appellants were appointed except one Jasmin S., the 9th appellant. She was not appointed for the reason that she did not offer herself for appointment as daily wager, when called. It is submitted that in view of the subsequent events, nothing survives in the writ appeals to be decided on merits. Recording the aforesaid submission of the learned counsel for the respondent, we close these writ appeals. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.
Sd/- K.VINOD CHANDRAN, JUDGE jjj/18.9