Kerala Agricultural University Labour Association (AITUC) v. Kerala Agricultural University and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE GOPINATH P.`** ## **`MONDAY, THE 10[TH] DAY OF JULY 2023 / 19TH ASHADHA, 1945`** ## **`WP(C) NO. 15280 OF 2023`** ## **`PETITIONERS:`** ``` 1KERALA AGRICULTURAL UNIVERSITY LABOUR ASSOCIATION (AITUC) REG.NO.616/80, VELLANIKKARA, THRISSUR, PIN – 680 656. REPRESENTED BY SECRETARY C.V.PAULOSE, S/O VARGHESE, AGED 61 YEARS, CHEMBITHANATH HOUSE, ENGAKKAD.P.O. THRISSUR-680 589. 2RENJU.K.S, AGED 38 YEARS, S/O SIVADASAN, KOMBATH HOUSE, MANNUTHY.P.O, THRISSUR, PIN – 680 651. 3RENJITH.K.R, AGED 39 YEARS, S/O RAMAKRISHNAN, KILIYATH HOUSE, CHATHAMKULAM, PATTIKKAD.P.O, THRISSUR DISTRICT., PIN – 680 652. 4AKBAR.V.M, AGED 45 YEARS, S/O MAJEED, VALIYAKATH HOUSE, VELLANIKKARA.P.O, THRISSUR DISTRICT., PIN – 680 654. ``` ``` BY ADVS. V.M.KRISHNAKUMAR P.S.SIDHARTHAN RENJITH THAMPAN (SR.) ``` ## **`RESPONDENTS:`** ``` 1KERALA AGRICULTURAL UNIVERSITY, VELLANIKKRA.P.O, THRISSUR DISTRICT, PIN – 680 654. REPRESENTED BY ITS REGISTRAR 2VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKRA.P.O, THRISSUR DISTRICT, PIN – 680 654. ``` W.P(C).No.15280 of 2023 2 ``` 3REGISTRAR/RETURNING OFFICER KERALA AGRICULTURAL UNIVERSITY, VELLANIKKRA.P.O, THRISSUR DISTRICT, PIN – 680 654. 4ADDL.R4: ARUN RAJ R, AGED 38 YEARS, S/O. K.RETNAKARAN, MANAMUKKU VILA VEEDU, KAKKAMOOLA, KALLIYOOR P.O., THIRUVANANTHAPURAM - 695 042. ``` ``` 5ADDL.R5: BIBIN.P.CHACKO, AGED 39 YEARS, S/O. P.C.CHACKO, PALAKKATHADATHIL HOUSE, P.O.PATTIKKAD, (VIA) THRISSUR. (ARE IMPLEADED AS PER ORDER DATED 05.06.2023 IN IA 1/2023 AND IA 2/2023 RESPECTIVELY IN WP(C)) BY ADVS. K.L.LAKSHMI RANI C.S.AJITH PRAKASH GEORGE ABRAHAM JOBY D JOSEPH MARY CATHERINE PRIYANKA P.S. ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P(C).No.15280 of 2023 3 ## **J U D G M E N T** The first petitioner is a registered union of labourers in the Kerala Agricultural University. Petitioners 2, 3 & 4 are casual labourers employed by the University. The petitioners have approached this Court being aggrieved by the fact that a seniority list of casual labourers had not been prepared for enabling their absorption as permanent casual labourers and consequently they are not absorbed as permanent casual labourers. According to the petitioners 2, 3 & 4, the delay in finalization of the list has resulted in, the petitioners 2, 3 & 4 and others similarly placed not finding a place in the electoral roll, prepared for elections to the General Council of the University in the constituency reserved for casual labourers. 2. When this matter is taken up for consideration today, it is the submission of the learned counsel for the petitioners that by passage of time, the seniority list had been prepared and petitioners 2, 3 and 4 have also been absorbed as permanent casual labourers from 01-01-2023. He states that the only remaining grievance, therefore, W.P(C).No.15280 of 2023 4 is that, the petitioners 2, 3 & 4 must also be included in the electoral roll prepared for the elections to the General Council of the University, as aforesaid. 3. The learned Standing Counsel appearing for the respondent-University would submit that the delay in preparation of the seniority list was on account of unavoidable circumstances and the delay in approving the list cannot be a ground to defer the elections. 4. The learned counsel appearing for the additional 4[th] respondent supports the contentions taken on behalf of the petitioners. 5. The learned counsel appearing for the additional 5[th] respondent would submit that once an election process has started, it would not be proper to stay the process. It is submitted that this Court by interim order dated 12-05-2023 had issued the following order: “There will be direction to the respondents not to proceed with the election to the two posts of permanent labourers in the General Council of the 1[st] respondentUniversity pursuant to Ext.P2 for a period of one month. Post on 09-06-2023”. W.P(C).No.15280 of 2023 5 It is submitted that on account of the aforesaid order, the elections could not be held on 07-06-2023. It is submitted that the additional 5[th] respondent is a candidate for the elections. It is submitted that going by the judgment of the Supreme Court in **Shaji K. Joseph v V. Viswanath and Others; 2016 (2) KHC 33** , the election process could not have been stalled on account of the claims put forth by the petitioners. It is submitted that as found by the Supreme Court in **Shaji K. Joseph (supra)** , there is also a provision for raising an election dispute and therefore the fact that there was a delay in finalisation of the seniority list of casual labourers is not a ground to defer the elections. It is submitted that the election calendar was published as early as on 27-04-2023 and the final voters list was also published on 11-04-2023. It is submitted that the writ petition itself was filed only in the month of May and therefore the elections must be allowed to proceed, in accordance with the regulations, from the stage at which it was stalled by the order of this Court. 6. Having heard the learned counsel for the petitioners, the learned Standing Counsel for the respondent- W.P(C).No.15280 of 2023 6 University and the learned counsel appearing for additional respondents 4 and 5, I am of the opinion that there is considerable merit in the contentions taken by the learned counsel appearing for the additional 5[th] respondent. Petitioners 2, 3 and 4 had a claim that they are entitled to be included in the seniority list of casual labourers for being absorbed as permanent casual labourers. It is only on absorption as permanent casual labourers can the petitioners 2, 3 & 4, be included in the voters list for the constituency reserved for casual labourers in the General Council. It is true that orders absorbing the petitioners 2, 3 & 4 as casual labourers is issued w.e.f 01-01-2023. However, the fact remains that, orders through which the petitioners 2, 3 & 4 were absorbed as permanent casual labourers came to be issued only on 16-06-2023. In that view of the matter and also taking into consideration the law laid down by the Supreme Court in **Shaji K. Joseph (supra)** , I am of the view that the petitioners 2, 3 & 4 are not entitled to be included in the voters list prepared for the purposes of holding elections to the General Council of the University as per Ext.P2 election calendar. W.P(C).No.15280 of 2023 7 Therefore, this writ petition will stand dismissed, making it clear that the elections to the General Council of the University will continue from stage at which it was interdicted (following interim order issued by this Court on 12-05-2023). If the petitioners have any remedy under the statutes relating to the elections it will be open to them to avail that remedy after the elections process is completed. ## **Sd/GOPINATH P. JUDGE** ats The word ‘4[th] respondent’ occurring in the 2[nd] line in para 4 and also the word ‘additional 5[th] respondent’ in the 2[nd] line of para 5 of the judgment dated 10-07-2023 in W.P.(C)No.15280/2023 is corrected and substituted as ‘additional 5[th] respondent’ and ‘additional 4[th] respondent’ as per order dated 25-07-2023 in I.A.No.5/2023 in W.P.(C)No.15280/2023. Sd/- **Joint Registrar** W.P(C).No.15280 of 2023 8 ## **`APPENDIX OF WP(C) 15280/2023`** ## `PETITIONERS’ EXHIBITS` ``` Exhibit P1TRUE COPY OF THE GOVERNMENT ORDER G.O. (RT).NO.240/2021/AGRI DATED 26.02.2021 ``` - `Exhibit P2 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT DATED 27.04.2023` - `Exhibit P3 TRUE COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER TO THE RETURNING OFFICER DATED 30.04.2023` - `Exhibit P4 TRUE COPY OF THE REPRESENTATION FILED BY THE 4TH PETITIONER TO THE RETURNING OFFICER DATED 01.05.2023` - `Exhibit P5 True copy of the order of the Kerala Agricultural University No.GA/F2/1001/2023 dated 16.06.2023` ## `RESPONDENT’S EXHIBITS` - `Exhibit R1 (a) True copy of the Notification No. GA/G1 /799/2023(i) dated 23.02.2023 issued by the University` - `Exhibit R1 (b) True copy of the Notification No. GA/G1/799/2023 dated 27.03.2023 issued by the University` - `Exhibit R1 (c) True copy of the Notification No. GA/G1/799/2023(i) dated 27.04.2023` - `Exhibit R1 (d) True copy of the Notification No.GA/G1/799/2023(ii) dated 27.04.2023` - `Exhibit R4 (a) A COPY OF THE NOTIFICATION ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY DATED 15-5-2023`