High Court of KeralaWP(C)/5176/2015disposed of

N.Pathumma v. State Of Kerala

2015-07-10Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 WP(C).No. 5176 of 2015 (V) --------------------------- PETITIONER:

------------------ N.PATHUMMA, W/O.LATE KASIM, MUNDAKKAL HOUSE, NEAR PRIVATE BUS STAND, PERUMBAVOOR.P.O., (SWEEPER CUM SCAVENGER ON DAILY WAGES AT K.S.R.T.C.DEPOT, PERUMBAVOOR).

BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT TRANSPORT(A)DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM - 695 023.

3. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION THIRUVANANTHAPURAM - 695 023.

R2,R3 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5176 of 2015 (V) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 TRUE COPY OF THE JUDGMENT DATED 29.10.2012 IN W.P(C)25089/2012 EXT.P2 TRUE COPY OF THE MEMORANDUM DATED 06.02.2013 ISSUED BY THE 3RD RESPONDENT EXT.P3 TRUE COPY OF THE COMMUNICATION DATED 24.05.2013 ISSUED BY THE 3RD RESPONDENT EXT.P4 TRUE COPY OF THE ORDER DATED 22.12.2011 OF THE IST RESPONDENT EXT.P5 TRUE COPY OF THE ORDER DATED 26.12.2011 OF THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 5176 OF 2015 ------------------------------------ Dated this the 10th day of July, 2015

JUDGMENT

Ext.P3 communication concedes the fact that the petitioner has been working on daily wages basis from the year 1985 itself. The petitioner asserts that she has been working as a sweeper cum scavenger on daily wages till date.

Ext.P3 communication also refers to a bi-partite settlement dated 22.05.2012 entered into between the Management and the Unions. The petitioner contends that she is entitled to the benefit of clause 49(8) thereof having put in 25 years of casual service as on 28.02.2011.

The petitioner is free to submit representation to the second respondent seeking regularisation in service. This can be on the basis of clause 49(8) of the bi-partite agreement dated 22.05.2012 referred to above.

Any such representation filed within one month from today shall be dealt with by the second respondent within two months therefrom. The services of the petitioner shall be

WP(C) No. 5176/2015 regularised if she has put in 25 years of casual service as on 28.02.2011 as per the terms of the bi-partite agreement. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd