WP(C) NO. 45361 & 3226 OF 2024 1 2025:KER:30732 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 45361 OF 2024 PETITIONER: JUSTIN V. T, AGED 40 YEARS S/O V.K.THOMAS, RESIDING AT VADAKKUDAN HOUSE , 3/338, TRIKKUR, TRICHUR, PIN - 680306 BY ADVS. S.SUJINI POOJA VENKAT RESPONDENTS: 1 KERALA FEEDS LTD FEEDS NAGAR, KALLETTUMKARA, TRICHUR REPRESENTED BY IT’S CHAIRMAN, PIN - 680683 2 THE MANAGING DIRECTOR M/S KERALA FEEDS LTD; FEEDS NAGAR, KALLETTUMKARA,TRICHUR, PIN - 680683 3 EMPLOYMENT OFFICER TOWN EMPLOYMENT EXCHANGE , IRINJALAKUDA MINI CIVIL STATION, IRINJALAKUDA MUNICIPALITY, THRISSUR-, PIN - 680121 BY ADVS. BENNY P THOMAS Abel Tom Benny D.PREM KAMATH(K/1285/1998) TOM THOMAS (KAKKUZHIYIL)(K/000821/2008) AARON ZACHARIAS BENNY(K/001533/2023) ALAN J YOGYAVEEDU(K/2740/2022) CLINT JUDE LEWIS(K/001973/2024) BIJITHA B. BOSE(K/002479/2023) JYOTHIKA KRISHNA(K/004301/2024) MATHEW ANGELO DAVIS(K/002460/2023) BIMAL K. NATH - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, ALONG WITH WP(C).3226/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 45361 & 3226 OF 2024 2 2025:KER:30732 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 3226 OF 2024 PETITIONERS: 1 KERALA FEEDS LOADING AND UNLOADING MAZDOOR SANGHAM (BMS) AGED 46 YEARS KALLETTUMKARA, THRISSUR REPRESENTED BY ITS SECRETARY JYOTHISH K.C., PIN - 680683 2 KERALA FEEDS LOADING & UNLOADING UNION (AITUC) AGED 44 YEARS KALLTTUMKARA, THRISSUR REPRESENTED BY ITS SECRETARY RANJITH VIJAYAN, PIN - 680683 BY ADVS. A.K.PREETHA C.ANIL KUMAR RESPONDENTS: 1 KERALA FEEDS LTD. FEEDS NAGAR, KALLETTUMKARA KERALA PIN REPRESENTED BY ITS CHAIRMAN., PIN - 680683 2 THE MANAGING DIRECTOR, M/S KERALA FEEDS LTD FEEDS NAGAR, KALLETTUMKARA, KERALA, PIN - 680683 3 EMPLOYMENT OFFICER, TOWN EMPLOYMENT EXCHANGE, MINI CIVIL STATION, SERVICE RD, CHALAKUDY-680 307. ADDL.R3 IS IMPLEADED AS PER ORDER DATED 25.01.2024 IN IA 1/2024 IN WP(C) 3226/2024. BY ADVS. P.BENNY THOMAS D.PREM KAMATH(K/1285/1998) TOM THOMAS (KAKKUZHIYIL)(K/000821/2008) ABEL TOM BENNY(K/1381/2018) AMRUTHA SELVAM(K/001249/2023) PARVATHY KOTTOL -GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, ALONG WITH WP(C).45361/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 45361 & 3226 OF 2024 3 2025:KER:30732 JUDGMENT W.P.(C.) No.3226/2024 Heard Ms.Devika Mohan, representing Ms.A.K Preetha, learned counsel for the petitioners, Sri. Benny P Thomas, learned Counsel appearing for the respondents 1 and 2 assisted by Sri. Abel Tom Benny and Ms.Parvathy Kottol, learned Government Pleader. 2. The petitioners, the trade union, represent the workmen working in the 1st respondent company, a State Government undertaking. The respondent company has invited applications for the engagement of permanent workers in the company in the pay scale of Rs 16500 - 25200, vide Ext P1 notification. One of the requirements in the notification is that the name of the applicant should be sponsored by the Employment Exchange. Several workers are employed in the respondent company who have been working on a temporary/daily wage basis for several years, and they are being ousted for consideration to the post of WP(C) NO. 45361 & 3226 OF 2024 4 2025:KER:30732 permanent workers on the ground that their names had not been sponsored by the Employment Exchange. 3. The learned counsel for the petitioners therefore submits that instead of regularizing the services of the workers who have working for a substantial number of years in the respondent company, now the company is recruiting Permanent Workers to the detriment of the petitioners that too without giving them a chance to participation in the selection process, only on the ground that their names have not been sponsored by the Employment Exchange. 4. I have considered the submissions. If the temporary workers are working with the company are eligible otherwise than fulfilling the condition of being sponsored by the Employment Exchange, they would also be allowed to participate in the selection process. The respondent company is not prejudiced in any manner if the zone of consideration for employment of the permanent worker is enhanced/increased. The workers working in the company WP(C) NO. 45361 & 3226 OF 2024 5 2025:KER:30732 on temporary basis have expectations for a fair deal in the employment in the company, and they should not be ousted from the zone of consideration for appointment as permanent workers only on the ground that their names have not been sponsored by the Employment Exchange. In view of the aforesaid discussion, the present writ petition is disposed of, with a direction to the respondent company to allow those temporary workers in the company, who fulfil the criteria except for one, that is the sponsorship from the Employment Exchange and consider them also for the appointment to the post of permanent workers, along with the persons who are sponsored by the Employment Exchange. With aforesaid, the present writ petition stands finally disposed of. W.P.(C.) No.45361/2024 In view of the aforesaid judgment in W.P.(C.) No.3226/2024, nothing survives in this writ petition. WP(C) NO. 45361 & 3226 OF 2024 6 2025:KER:30732 Therefore, the present writ petition is hereby dismissed. Sd/- D. K. SINGH AP JUDGE WP(C) NO. 45361 & 3226 OF 2024 7 2025:KER:30732 APPENDIX OF WP(C) 3226/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CALL LETTER ISSUED BY THE EMPLOYMENT OFFICER, CHALAKKUDY DATED 10.1.2024 Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)NO.61/97/AD DATED 15.05.1997 ISSUED BY THE 4TH RESPONDENT RESPONDENT EXHIBITS Exhibit R1(a) True copy of the Government Order dated 15.05.1997, G.O.(MS) No.61/97/AD Exhibit R1(b) True copy of the order dated 07.07.2006. WP(C) NO. 45361 & 3226 OF 2024 8 2025:KER:30732 APPENDIX OF WP(C) 45361/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CARD OF THE PETITIONER , HAVING REGISTRATION NUMBER 11530/2000 Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 29.10.2022 ISSUED BY THE 1ST RESPONDENT OFF Exhibit P3 TRUE COPY OF THE CALL LETTER NO. KFL /172/97/1244/24 DATED 05.02.2024 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE LETTER NO. KFL /172/97/1729/24 DATED 16.02.2024 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE APPLICATION DATED 06.05.2024 ADDRESSED TO THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE INTERIM ORDER DATED 25.01.2024 IN WP© NO. 3226/2024 Exhibit P7 TRUE COPY OF THE APPLICATION DATED 04.06.2024 ,PREFERRED UNDER THE RIGHT TO INFORMATION ACT WITH RESPECT TO THE NUMBER OF VACANCIES IN WORKERS- CATEGORY WITH THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF THE REPLY DATED 01.07.2024 RECEIVED IN RESPONSE TO EXHIBIT P7