2025:KER:29016 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 10600 OF 2025 PETITIONER(S): 1 K.GIRISHKUMAR AGED 51 YEARS S/O.CHANDRASEKHARAN, KAUSTHUBHAM, PUTHURKARA, AYYANTHOLE.P.O., THRISSUR, PIN – 680003. 2 N.SANTHOSH AGED 47 YEARS S/O.SANKARAN NAIR, NANGELIL HOUSE, KISSAN CORNER, OORAKAM.P.O., THRISSUR, PIN – 680562. 3 M.S.SREEJA BHAI AGED 52 YEARS D/O.M.N.SOMASUNDARAM, MALAPPURATH HOUSE, KOTTUR.P.O., MULAMKUNNATHUKAVU, THRISSUR, PIN – 680013. BY ADVS. C.A.CHACKO C.M.CHARISMA BABU V.P. SHAHBAS AMAN C.M. RESPONDENT ( S ) : 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 SECRETARY TO GOVERNMENT 2025:KER:29016 WP(C) NO. 10600 OF 2025 2 INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 3 KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD. (HANTEX) REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM, PIN – 695001. 4 THE MANAGING DIRECTOR KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD. (HANTEX), THIRUVANANTHAPURAM, PIN – 695001. 5 THE REGIONAL MANAGER KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD. (HANTEX), THRISSUR, PIN – 680001. BY ADVS MARY BEENA JOSEPH – Sr. GP SUMAN CHAKRAVARTHY – R3, R4 & R5. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29016 WP(C) NO. 10600 OF 2025 3 D. K. SINGH, J ---------------------------------------------- WP(C) No. 10600 of 2025 ---------------------------------------------- Dated this the 01st day of April, 2025 J U D G M E N T The petitioners have approached this Court aggrieved by the non-regularization of their services in terms of the Award dated 15.02.2014 passed by the Co-operative Arbitration Court (Northern), Kozhikode in ARC No.120/2011. 2. The Tribunal, vide order dated 15.02.2024 held that the petitioners are entitled to regularization in service as claimed in the Claim Petition and the respondents herein were directed to issue orders for regularizing the services of the petitioners. 3. It is not in dispute that the said order passed by the Tribunal had attained finality inasmuch as the same has not been challenged by the Government. 4. In compliance with the said order passed by the Co-operative Arbitration Court, the impugned order in 2025:KER:29016 WP(C) NO. 10600 OF 2025 4 Ext.P5 was issued on 16.10.2024, without mentioning that the petitioners are regularized with effect from the date of the order passed by the Co-operative Arbitration Court on 15.02.2014. 5. Mrs. Mary Beena Joseph, the learned Senior Government Pleader is not in a position to dispute the fact that once the order passed by the Co-operative Arbitration Court remains unchallenged, the petitioners would be entitled to regularization at least from the date of that order. 6. Thus, the present writ petition is disposed of with a direction that the order dated 16.10.2024 shall be treated as to regularize the petitioners with effect from 15.02.2014. All other consequential benefits should be given to the petitioners treating them in regular service with effect from 15.02.2014. Sd/- D. K. SINGH JUDGE mea 2025:KER:29016 WP(C) NO. 10600 OF 2025 5 APPENDIX OF WP(C) 10600/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF GO(MS).NO.111/2009/ID DATED 7/9/2009 ALONG WITH ITS ENGLISH TRANSLATION Exhibit P2 TRUE COPY OF AWARD OF CO-OPERATIVE ARBITRATION COURT (NORTHERN), KOZHIKODE IN ARC.NO.120/2011 DATED 15/2/2014 Exhibit P3 TRUE COPY OF ORDER IN IA.NO.155/2014 IN ARC.NO.120/ 2011 DATED 21/11/2014 OF CO- OPERATIVE ARBITRATION COURT (NORTHERN), KOZHIKODE Exhibit P4 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C)NO.4324 OF 2015 DATED 6/3/2024 Exhibit P5 TRUE COPY OF GO(RT)NO.1007/2024/ID DATED 16/10/2024 ALONG WITH ITS ENGLISH TRANSLATION Exhibit P6 TRUE COPY OF REPRESENTATION DATED 19/11/2024 SUBMITTED BY THE PETITIONERS RESPONDENT EXHIBITS Exhibit-R4(a) A true photocopy of the Profit and Loss Account and Balance Sheet of the society for the financial year ended on 31.03.2022 Exhibit-R4(b) A true photocopy of the Profit and Loss Account and Balance Sheet of the society for the financial year ended on 31.03.2023 Exhibit-R4(c) A true photocopy of the Profit and Loss Account and Balance Sheet of the society for the financial year ended on 31.03.2024