High Court of KeralaWP(C)/28841/2014disposed of

Suresh Kumar.G. v. State Of Kerala

2015-01-12Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 28841 of 2014 (E) ---------------------------- PETITIONER:

------------------ SURESH KUMAR.G., S/O.GOPINATHAN PILLAI, BOBBIN CARRIER, CARD NO 386, WINDING DEPARTMENT, QUILON CO-OPERATIVE SPINNING MILLS, KARAMCODE P.O., CHATHANNOOR, KOLLAM RESIDING AT PADINJATTIDATH HOUSE, VADAKKEKKARA, ASHTAMUDI P.O, KOLLAM- 691 602. BY ADV. SRI.B.MOHANLAL RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001.

2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ASRAMAM P.O., KOLLAM 691 002.

3. THE QUILON CO-OPERATIVE SPINNING MILLS, KARAMCODE P.O, CHATHANNOOR, KOLLAM 691 579, REPRESENTED BY ITS MANAGING DIRECTOR .

4. THE BOARD OF DIRECTORS OF QUILON CO-OPERATIVE SPINNING MILLS, KARAMCODE P.O.,CHATHANNOOR, KOLLAM 691 579,REPRESENTED BY ITS CHAIRMAN

5. NISAM, STORE BOY, QUILON CO-OPERATIVE SPINNING MILLS, KARAMCODE P.O, CHATHANNOOR, KOLLAM - 691 579. R3 BY ADV. SRI.K.ANAND (SR.) R3 BY ADV. SMT.LATHA KRISHNAN R5 BY ADV. SRI.K.SIJU R5 BY ADV. SRI.A.MUHAMMED RAFFI BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28841 of 2014 (E) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE NO. 267 DATED 10/02/2012 ISSUED BY THE MEDICAL BOARD A.A. RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM TO THE PETITIONER EXHIBIT P2 THE TRUE COPY OF THE IDENTITY CARD ISSUED BY THE SOCIAL WELFARE DEPARTMENT TO THE PETITIONER EXHIBIT P3 THE TRUE COPY OF THE LETTER NO. 40/C2/13/INDUSTRIES DATED 24/06/2013 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P4 THE TRUE COPY OF THE PERMANENT DISABLEMENT BENEFIT NO 54R/12/21/724/13/SROK DATED 16/07/2013 ISSUED BY THE ESI CORPORATION, KOLLAM TO THE PETITIONR EXHIBIT P5 THE TRUE COPY OF THE DECISION OF ESI MEDICAL BOARD IN INSURANCE NO 480-1546834 DATED 27/08/2013 EXHIBIT P6 THE TRUE COPY OF THE APPLICATION DATED 23/05/2014 SUBMITTED BY THE PETITIONR BEFORE THE 3RD RESPONDENT EXHIBIT P7 THE TRUE COPY OF THE APPLICATION DATED 20/10/2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 28841 OF 2014 ------------------------------------ Dated this the 12th day of January, 2015

JUDGMENT

The petitioner is working as a Bobbin career in the third respondent Co-operative Spinning Mills. He challenges the appointment of the fifth respondent as a Store Boy in the spinning mills. The remedy of the petitioner is to raise a dispute under Section 69(2)(d) of the Kerala Co-operative Societies Act, 1969. The Writ Petition for annulling the appointment of the fifth respondent is not maintainable. 2.

The petitioner has also a case that a post of Peon would arise in the spinning mills in November, 2015. The petitioner stakes claim under the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995. Ext.P7 representation put in by the petitioner is pending consideration. I direct the third respondent to consider Ext.P7 representation with notice to the petitioner. The needful shall be done within a period of three months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd