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High Court of KeralaSingle JudgeDisposed of with directions to consider future ...

Manjulamani T. and Others v. University of Calicut and Ors.

Case / Petition Number:WP(C).No. 11134 of 2018

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2019-02-08
Court Decision / Holding
Writ petition disposed of with directions that respondents 1–3 consider the petitioners’ applications for engagement as daily wage/contract employees as Gardener or Agricultural workers, when such posts are notified by the University. If applications are submitted, the University shall grant necessary age relaxation for the period of prior engagement and give weightage for the petitioners’ experience as daily wage workers.
Final Disposition
Disposed of with directions to consider future engagement as Gardener/ Agricultural workers and to provide age relaxation and weightage for prior experience.

Parties to the Case

Appellants / Petitioners

  • Manjulamani T. w/o Vijayakrishnan
  • Saritha P
  • Sheeja Kottarathil
  • NedheesKudukkil
  • Prakasini P
  • Sajitha K
  • Sreena T
  • Rajitha Pootheri
  • Jisha K w/o Raghu
  • Ramla T w/o Hussain
  • Saritha M w/o Vas u
  • Jisha K.P w/o Shaji
  • Usha Therani w/o Jayakrishnan
  • Saraswathy C w/o Prasanth Kumar
  • Sandhya V w/o Prabin
  • Reena K.N w/o Mohandas
  • Praji tha R w/o Rajeevan
  • Saraswathy C w/o Subramanian
  • Sindhu K w/o Dinesan V
  • Sajitha B w/o Satheesh Kumar
  • Sujatha w/o Dasan P.P
  • Subramanian s/o Neelakantan
  • Sreeja K.P w/o Pradeep

Respondents

  • The University of Calicut, Thenhipalam, Malappuram District
  • The Registrar, University of Calicut
  • The Vice Chancellor, University of Calicut

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri George Poonthottam (Sr.)

Counsels for Respondents

  • • Sri P.C. Sasidharan, SC, Calicut University

Case Synopsis & Summary

This is a writ petition filed in the Kerala High Court by 23 daily-wage workers engaged by the University of Calicut under Ext. P1 notification, seeking regularisation of their engagements or continuation as employees. The petitioners were selected through a process, subjected to physical tests, and deployed for campus landscaping and agricultural work, including assignments in the Botanical Garden. Between 2017 and 2018, the Estate Development Office was dissolved, and several workers were shifted to other departments. The Syndicate, in its 30 December 2017 and 27 January 2018 meetings, decided to impose a mandatory break and to limit engagements to new panels to avoid regularisation demands, with a view to future postings only through notified vacancies. The University has argued that there is no provision for regularisation of provisional engagements and that, owing to audit objections, continuing long-serving casual labourers would be improper; it also relies on policy and records showing a long history of casual labour. The petitioners rely on an interim order (11.04.2018) allowing their continuation, and contend they were not back-door entrants. The court, while acknowledging Uma Devi (2006) on casual labour via back doors, distinguishes these petitioners as having been selected through a process. Ultimately, the court disposed of the petition with directions to consider their applications for daily wage/contract posts as Gardener or Agricultural workers when posts are notified, with age relaxation and weightage for experience.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that they were engaged after due selection under Ext. P1, performed duties categorized as agricultural/work under campus landscaping, and have continued from 2012 to 2018. They argue there is no statutory provision allowing abrupt termination or non-engagement after a valid selection process, and that interim relief enabled their continued engagement; they seek regularization or automatic continuation as daily wage/contract workers, with weightage for their long service and experience. They contend that the University’s move to create fresh panels and impose a mandatory break contravenes equitable principles and the interim orders of the court.

Contentions of Respondents

The University contends there is no legal basis to regularize provisional engagements, noting audit objections and historic casual-labour practices; it asserts the Estate Development Office was dissolved and employees were redistributed; it relies on Uma Devi to argue that casual labourers engaged through back doors cannot claim regularization; it argues for selection-based postings and fresh recruitment rather than retroactive regularization.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Secretary, State of Haryana v. Uma Devi(2006) 1 SCC 1DistinguishedThe court cites Uma Devi to illustrate the principle that casual labourers employed through back channels cannot demand regularization; however, it distinguishes the present petitioners since they were selected through a formal process, thus not applying the rule wholesale.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY ,THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940** **WP(C).No. 11134 of 2018** ## **PETITIONERS:** - **1 MANJULAMANI.T W/O. VIJAYAKRISHNAN, AGED 43 YEARS, DAILY WAGE LABOURER, CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **2 SARITHA P** - **W/O. SUDHEESH KUMAR K, AGED 34 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **3 SHEEJA KOTTARATHIL W/O. SURESAN, AGED 43 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **4 NEDHEESH KUDUKKIL S/O. KUNJATHAN, AGED 39 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **5 PRAKASINI P W/O. RAJAMANI C.K, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **6 SAJITHA K** - **W/O. BALAKRISHNAN, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** ## **WP(C).No. 11134 of 2018** -2- - **7 SREENA T** - **W/O. SUBRAMANIAN K, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **8 RAJITHA POOTHERI W/O. RAJEEV KUMAR, AGED 36 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **9 JISHA K W/O. RAGHU, AGED 40 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **10 RAMLA T W/O. HUSSAIN, AGED 41 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **11 SARITHA M** **W/O. VASU K, AGED 41 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **12 JISHA K.P W/O. SHAJI, AGED 34 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **13 USHA THERANI W/O. JAYAKRISHNAN, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **14 SARASWATHY C** - **W/O. PRASANTH KUMAR, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** ## **WP(C).No. 11134 of 2018** -3- - **15 SANDHYA V W/O. PRABIN, AGED 27 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636..** - **16 REENA K.N W/O. MOHANDAS, AGED 39 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **17 PRAJITHA R** - **W/O. RAJEEVAN, AGED 38 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636..** - **18 SARASWATHY C W/O. SUBRAMANIAN, AGED 38 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636..** - **19 SINDHU K W/O. DINESAN V, AGED 40 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **20 SAJITHA B** - **W/O. SATHEESH KUMAR, AGED 31 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **21 SUJATHA** - **W/O. DASAN P.P, AGED 42 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** - **22 SUBRAMANIAN** - **S/O. NEELAKANTAN, AGED 45 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** ## **WP(C).No. 11134 of 2018** -4- **23 SREEJA K.P W/O. PRADEEP, AGED 39 YEARS, DAILY WAGE LABOURER,CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O, MALAPPURAM DISTRICT - 673 636.** **BY ADV. SRI.GEORGE POONTHOTTAM (SR.)** ## **RESPONDENTS:** - **1 THE UNIVERSITY OF CALICUT THENHIPALAM P.O, MALAPPURAM DISTRICT - 673 635, REPRESENTED BY ITS REGISTRAR.** - **2 THE REGISTRAR UNIVERSITY OF CALICUT, THENHIPALAM P.O, MALAPPURAM DISTRICT - 673 635.** - **3 THE VICE CHANCELLOR UNIVERSITY OF CALICUT, THENHIPALAM P.O, MALAPPURAM DISTRICT - 673 635. BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C).No. 11134 of 2018** -5- ## **JUDGMENT** The petitioners in this writ petition, who were engaged as daily wage workers, have filed this writ petition seeking to direct the respondents to regularise the appointments of the petitioners and to declare that the petitioners are entitled to continue in the respondent-University as they were appointed through a selection process. 2. 1st respondent-University of Calicut issued Ext.P1 notification calling upon workers on daily wage basis under its Estate Development office. Candidates between the age of 1835 years having good physique were entitled to apply for engagement as daily wage workers. They were subjected to a physical test and were later engaged as daily wage workers. Their services were utilized for doing agricultural work. 3. While they were continuing so, the University issued Ext.P4 order engaging 7 daily wage laborers who were doing agricultural work, to work in the Botanical Garden. By Ext.P5 order, University assigned such daily wage workers to work under various departments. Ext.P7 muster roll would show that the ## **WP(C).No. 11134 of 2018** -6- petitioners have worked on daily wage basis in Campus landscaping. 4. All of a sudden, a news appeared in news papers as evidenced by Ext.P8, stating that the University is intending to terminate the service of all contract workers. Under the threat of termination, the petitioners filed this writ petition. No interim order was passed while admitting this writ petition. Subsequently, the University as per Exts.P11 and P12 decided to stop reengagement of daily wage workers who have completed more than 2 years. 5. There upon the writ petitioners moved this Court. This Court passed an interim order on 11.04.2018 stating that the petitioners should be continued to be engaged as daily wage workers if there is need for engagement of daily wage workers. The writ petitioners submit that in spite of the interim order of this Court and in spite of the requirement to engage the daily wage workers, the petitioners are not being engaged. 6. The learned Standing Counsel representing the University admits that the petitioners were engaged after a due ## **WP(C).No. 11134 of 2018** -7- selection process. However, serious objections were raised in the syndicate meeting of the University with regard to the provisional engagements, both contract and daily wage, by the departments of the Universities. Consequently, the Estate Development office was dissolved and 30 agricultural labourers including the petitioners, were shifted to other departments of the University. Taking into considering the essentiality of their work to keep the campus clean and to maintain the gardens in the campus, the syndicate meeting held on 30.12.2017 decided to further limit the engagement of the daily wage workers who have been continued for long years and decided to impose mandatory break. The further engagement of daily wage workers was from fresh panels inorder to avoid demands for regularization. 7. The Standing Counsel for the University submitted that the University was forced to terminate the service of the petitioners and similarly placed persons, in view of the audit objections and taking into consideration the fact that these daily wage workers having long service will be demanding regularization. The University is maintaining a Casual Labour Roll ## **WP(C).No. 11134 of 2018** -8- since 1987 onwards to make occasional demands of various departments. 8. There is no provision to regularize or extend the service of provisional engagements and the university has acted only as per rules and regulations in force. It is the contention of the learned Standing Counsel for the 1[st] respondent that subsequent to the interim order passed by this Court, the University has not engaged daily wage workers in the field of agricultural work. Ext.P14 web notification produced by the petitioners is in respect of engagement of Gardeners. Therefore, the learned Standing Counsel contends that the respondent - University has not violated the interim order passed by this Court. 9. I have considered the pleadings of the petitioners and the respondents and have also heard learned counsel who appeared for either side. The petitioners, who were unemployed, were engaged on daily wage basis after a due selection process, pursuant to Ext. P1 notification. They were subjected to physical tests prescribed by the University also. Thereafter, they were engaged in works, which the University has described as ## **WP(C).No. 11134 of 2018** -9- agricultural works. It is seen from the pleadings that these workers including the petitioners, who were appointed pursuant to Ext.P1 notification, have been assigned to work in Botanical Garden as also in other parts of the University campus. Their engagements are discontinued pursuant to the decision of the University to impose a mandatory break on the engagement of daily wage workers. The fact remains that the petitioners have been engaged by the University from 2012 to 2018. In the judgment of the Apex Court in _**Secretary,State of Haryana v. Uma Devi [(2006) 1 SCC 1],**_ the Apex Court held that the casual labourers engaged through back doors cannot seek regularization in employment. The petitioners are not candidates who have been engaged as daily wage workers through back doors. They have been working in the University after undergoing a selection process. Now, by Ext.P14, the 1[st] respondent - University has invited online applications for appointment to various posts including to the posts of Gardeners on daily wage basis. 10. The learned Standing Counsel for the 1[st] respondent submits that, though Ext.P14 notification was pursued by the ## **WP(C).No. 11134 of 2018** -10- University , the University for the time being has decided not to fill up the post of Gardeners pursuant to Ext.P14 notification. The Standing Counsel submitted that the post of Gardeners will be notified subsequently. 11. In the circumstances, the writ petition is disposed of directing respondents 1 to 3 to consider the applications of the petitioners herein for engagement as daily wage/ contract employees as Gardener or Agricultural workers, as and when those engagements are notified by the University. If the petitioners submit applications to the post, the respondent shall give necessary age relaxation to the petitioners for the period they have engaged as daily wage workers under the University earlier. Due weightage shall also be given to the petitioners for the experience gained by them as daily wage workers under the 1[st] respondent - University. ## **SD/-** ## **N.NAGARESH** ## **JUDGE** SJ 08.02.2019 ## **WP(C).No. 11134 of 2018** -11- ## **APPENDIX** ## **PETITIONERS EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 11.01.2012 ISSUED BY THE UNIVERSITY.** - **EXHIBIT P2** - **TRUE COPY OF THE RANK LIST PUBLISHED BY THE 3RD RESPONDENT FOR WOMEN.** - **EXHIBIT P3 TRUE COPY OF THE RANK LIST PUBLISHED BY THE 3RD RESPONDENT FOR MEN.** - **EXHIBIT P4 TRUE COPY OF THE ORDER U.O NO. 12825/2015/ADMN DATED 17.12.2015 PASSED BY THE UNIVERSITY.** - **EXHIBIT P5 TRUE COPY OF THE ORDER U.O NO.3361/2016/ADMN DATED 23.03.2016 PASSED BY THE UNIVERSITY.** - **EXHIBIT P6 TRUE COPY OF THE ORDER U.O NO.2924/2018/ADMN DATED 07.03.2018 PASSED BY THE UNIVERSITY.** - **EXHIBIT P7 TRUE COPY OF THE ATTENDANCE REGISTER OF CAMPUS LANDSCAPING GARDENERS.** - **EXHIBIT P8 TRUE COPY OF THE NEW PAPER REPORT PUBLISHED IN THE MALAYALAM MANORAMA DAILY DATED 15.02.2018.** - **EXHIBIT P9 TRUE COPY OF THE SUBMISSION MADE BY THE DIRECTOR, DEPARTMENT OF PHYSICAL EDUCATION BEFORE THE 3RD RESPONDENT DATED 19.03.2018.** - **EXHIBIT P10 TRUE COPY OF THE REPLY/COMMUNICATION NO. 66829/AD-K-ASST-1/2016/ADMN. DATED MARCH 27, 2018 ISSUED BY THE RESPONDENT UNIVERSITY.** ## **WP(C).No. 11134 of 2018** -12- - **EXHIBIT P11** **TRUE COPY OF THE MINUTES OF THE MEETING HELD ON DECEMBER 30,2017.** - **EXHIBIT P12** - **TRUE COPY OF THE MODIFIED MINUTES OF THE MEETING HELD ON JANUARY 27, 2018.** - **EXHIBIT P13** - **TRUE COPY OF THE ORDER U.O. NO. 1740/2018/ADMN. DATED FEBRUARY 09, 2018 PASSED BY THE UNIVERSITY.** - **EXHIBIT P14 TRUE COPY OF THE PRESS/WEB/RELEASE BEARING NO. 44105/AD-A-ASST3/2018/ADMN DATED APRIL 10, 2018.** - **EXHIBIT P15 TRUE COPY OF THE RTI APPLICATION DATED APRIL 18, 2018 SUBMITTED BY THE 21ST PETITIONER.** - **EXHIBIT P16 TRUE COPY OF THE COMMUNICATION/REPLY NO.22015/AD-K-ASST-1/2016/ADMN DATED MAY 11, 2018 ISSUED BY THE UNIVERSITY.** - **EXHIBIT P17 TRUE COPY OF THE ORDER U.O.NO.4151/2018/ADMN DATED 31-3-2018 ISSUED BY THE UNIVERSITY** - **EXHIBIT P18** - **TRUE COPY OF THE DOCUMENT DENOTING THE LIST OF PERSONS ENGAGED BY THE RESPONDENT UNIVERSITY ENCLOSED ALONG WITH EXHIBIT P16 REPLY.** - **EXHIBIT P19** - **TRUE COPY OF THE MEMO** **NO.A.D.K/7779/97/2343 DATED NIL ISSUED TO ONE OF THE CASUAL LABORERS MR. UNIIKRISHNAN, WHO IS RANKED AS SI.NO.4 IN EXHIBIT-P18** SJ 08.02.2019