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High Court of KeralaSingle JudgeWrit petitions disposed with directions to the ...

Rajeshmon K.S. and Others v State of Kerala and Kerala Beverages Corporation and its Managing Director

Case / Petition Number:WP(C).1948/2019 (P); WP(C).30853/2018 (F); WP(C).40291/2018 (J)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Devan Ramachandran J.
Judgment Date
2021-03-23
Court Decision / Holding
The court did not grant any affirmative relief in favour of the petitioners. It directed the Government to examine Ext.P8 in WP(C) No.30853 of 2018 and any other pending representations, hear the petitioners’ authorized representatives, and decide, in accordance with law and procedure, whether a regularisation scheme or other method should be evolved. The Government is to complete this exercise expeditiously, but not later than four months from the date of receipt of a copy of the judgment.
Final Disposition
Writ petitions disposed with directions to the Government to consider representations and decide on regularisation or other appropriate scheme within four months; no immediate relief granted to petitioners.

Parties to the Case

Appellants / Petitioners

  • RAJESHMON K.S.
  • VIJAYAN PILLAI
  • KUNJUMON MALIEKAL
  • RAVEENDRAN K.
  • SISUPALAN
  • SURESH BABU
  • MADHU R.
  • A.SUBRAMANYAN
  • CHANDRAN K.P.
  • SUMITHAN B.
  • RAJESH M.
  • HARIMON P.V.
  • BHASKARAN V.P.
  • GOPAKUMAR A.
  • VIJAYAN PILLAI
  • SANTHOSH K.
  • RAJAPPAN K.
  • RAJESH JACOB
  • SHIJU JOHN
  • SYAMALA GOPI
  • SANTHOSHKUMAR R.
  • HARSHAKUMAR
  • PADMAJAN
  • THAJUDEEN
  • SHILLU PAUL
  • N.J.VIJAYAN NAIR
  • SHIBU K.DAMODHARAN
  • SHIBU A.V.
  • PRASAD A.N.
  • K.ANANDAN
  • SUDARSAN P.A.
  • RAMESH V.K.
  • VINOD KUMAR K.M.
  • A. ABDUL SAMAD
  • AJAYAKUMAR T.
  • S.SREEDEVI
  • BINOY S.
  • SUBRAMANYAN C.
  • RONEY MATHEW
  • RAJAN N.
  • RAGHUVARAN M.G.
  • R.MANIKYAN
  • K.P.VINODKUMAR
  • SAJESH K.
  • MALLIKA K
  • M.SURENDRAN
  • RAJAN P.M.
  • MANOJ T.P.
  • MANOJ E.T.
  • MOHANAN K.
  • BALAN N.
  • M.BABU
  • SUDHEESH P.
  • UNNI T.P.
  • VELAYUDHAN P.M.
  • THILAKARAJAN P.
  • SEBASTIAN BABU P.P.
  • MURALEEDHARAN PILLAI
  • T.SHAJI
  • SANEESH P.V.
  • NADESAN K
  • K.P. MURALEEDHARAN PILLAI
  • VARGHESE V.V.
  • PRADEEP.P
  • MURALEEDHARAN PILLAI.G
  • T.SHAJI
  • SANEESH P.V
  • NADESAN K
  • K.P. MURALEEDHARAN PILLAI
  • VARGHESE V.V
  • PRADEEP.P

Respondents

  • State of Kerala represented by its Secretary, Department of Exise, Government Secretariat, Thiruvananthapuram
  • Kerala Beverages Corporation represented by its Managing Director, SASTHAKRIPA Office Complex, Thiruvananthapuram
  • Managing Director, Kerala Beverages Corporation, SASTHAKRIPA Office Complex, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

  • • KALEESWARAM RAJ
  • • VARUN C. VIJAY KUMAR
  • • ARUNA KUM
  • • THULASI K. RAJ
  • • RIYA RAYMOL IYPE
  • • MAITREYI SACHIDANANDA HEGDE
  • • K.C. AISHWARYA

Counsels for Respondents

  • • T. NAVEEN
  • • SUNIL KUMAR KURIAKOSE
  • • NAVEEN T.

Case Synopsis & Summary

These writ petitions challenge the Kerala State Beverages Corporation’s practice of engaging casual sweepers on an hourly basis and seek regularisation or a governmental scheme to convert them into regular employees. The petitioners claim long, uninterrupted service spanning several years across multiple outlets, and allege exploitation through meagre hourly remuneration. They submitted representations to the Government (notably Ext.P8 in WP(C) No.30853 of 2018) seeking regularisation or the framing of a Scheme. The Corporation contends that the sweepers were engaged through outlet In-Charges and not directly by the Corporation, often working merely an hour or so per day, with postings at various locations, undermining claims of exclusive, continuous engagement. The Government Pleader notes that no formal proposal exists before the Government, and that disputed factual questions cannot be resolved by this Court under Article 226. The court recognises the factual disputes regarding continuous, exclusive engagement and whether the petitioners fall within the Umadevi doctrine’s long-service principle. Although it recognizes the workers’ grievance, the judge refuses to grant direct relief on the merits, insisting that a competent Authority decide in law and on proper procedure. The judgment directs the Government to consider Ext.P8 and other representations, hear affected parties, and decide on regularisation or other methods within four months, rather than granting immediate relief. The petitions are thus disposed with a time-bound governmental process instead of a direct order in favour of the petitioners.

Provisions of Law Cited

Constitution of India, Article 226

Legal Doctrines & Maxims

  • Disputations of facts cannot be decided by the court in writ jurisdiction (Article 226)
  • Umadevi doctrine (Secretary, State of Karnataka v. Umadevi, 2006 (4) SCC) – long service alone does not automatically guarantee regularisation; government action under law/procedure is required

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that they have been engaged as casual sweepers by the Kerala Beverages Corporation at multiple outlets for long periods (often over ten years) without regularisation. They argue that their continued service, coupled with ancillary duties performed in outlets, amounts to a de facto regularisation claim and warrants a government-initiated scheme or direct regularisation. They assert Ext.P8 (and similar representations) before the Government must be taken up and disposed of with a view to formalising their status. They rely on earlier judgments (notably Umadevi) supporting regularisation in long service cases, and request the Court to direct consideration of their representations and, if necessary, framing of a scheme.

Contentions of Respondents

The Corporation submits that the petitioners were engaged through Outlet In-Charges on an hourly basis and not directly by the Corporation; many have worked only an hour a day and across several sites, undermining the argument of exclusive and continuous engagement. There is no formal government proposal before the Government; without a proper proposal, the Court should refrain from granting relief. The Government Pleader argues for deferring to a competent authority to decide after considering the petitioners’ representations in light of law and due process, rather than granting ad hoc relief. The respondents urge dismissal of the petitions on grounds of disputed facts and lack of a sustained, direct engagement by the Corporation and absence of a verified scheme at the government level.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Secretary, State of Karnataka v. Umadevi2006 (4) SCCMentioned OnlyCited as a general principle relevant to regularisation but not applied here due to disputed facts; the court refers to the ratio to contextualise the need for a government-based decision following due process.

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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 DEVAN RAMACHANDRAN** ## **TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943** ## **WP(C).No.1948 OF 2019(P)** ## **PETITIONERS:** **1 RAJESHMON K.S., AGED 35 YEARS, S/O K.R.SASI, KANJIRATHINMOOTTIL,-685 507, AYYAPPANCOIVIL P.O., THONITHADY, IDUKKI, PART TIME SWEEPER, KOCHUKARIMTHARUVI P.O., VAGAMON-685 501, IDUKKI. 2 VIJAYAN PILLAI, AGED 49 YEARS, S/O GOPALAKRISHNA PILLAI, KALLEKKAL THAZHATHIL, KALTHACODE P.O.- 691 543, KOLLAM DISTRICT, PART TIME SWEEPER, PULAMON, KOTTARAKKARA P.O., PIN - 691 531, KOLLAM.** **BY ADVS. SRI.KALEESWARAM RAJ SRI.VARUN C.VIJAY KUM.A.ARUNA KUM.THULASI K. RAJ SMT.RIYA RAYMOL IYPE SMT.MAITREYI SACHIDANANDA HEGDE** ## **RESPONDENTS:** **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 KERALA BEVERAGES CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 001. 3 MANAGING DIRECTOR, KERALA BEVERAGES CORPORATION, SASTHAKRIPA OFFICE COMPLEX, SATHAMANGALAM , THIRUVANANTHAPURAM-695 001. BY ADVS.SRI.T.NAVEEN - SC, SRI.SUNIL KUMAR KURIAKOSE - GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.03.2021, ALONG WITH WP(C).30853/2018(F), WP(C).40291/2018(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)Nos.1948/2019 and Con. Cases **-2-** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943** ## **WP(C).No.30853 OF 2018(F)** ## **PETITIONERS:** - **1 KUNJUMON MALIEKAL, AGE: 49 YEARS, S/O.HUSSAIN, PART TIME SWEEPER, FL01-SHOP NO.2032, KOTTARAKKARA WARE HOUSE, KOLLAM DISTRICT, RESIDING AT MALLIAKAL HOUSE, PALLISERIKAL P.O., SASTHAMKOTTA, KOLLAM DISTRICT-690 521.** - **2 RAVEENDRAN K., AGE: 64 YEARS, S/O.KESAVAN, PART TIME SWEEPER, FL01-KSBL OUTLET, SHOP NO.2002, PERUMPUZHA, KUNDARA - 691 504, KOLLAM WARE HOUSE, RESIDING AT RATHEESHBHAVAN, PUNUKKENNOOR, PERUMPUZHA P.O., KOLLAM-691 504.** - **3 SISUPALAN, AGED: 52 YEARS, S/O.DAMODARAN, PART TIME SWEEPER, KALAVOOR SHOP NO.4011, WARE HOUSE, ALAPPUZHAM, RESIDING AT THAKADIVILAYIL, KALAVOOR P.O., ALAPPUZHA-688 522.** - **4 SURESH BABU, AGED: 48 YEARS, S/O.SADANANDAN, PART TIME SWEEPER, FL-4021, KATTACHIRA, ALAPPUZHA, RESIDING AT MANGALATHODE THEMMEVEEDU, AADITHODE NORTH P.O., KARUNAGAPPALLY, KOLLAM-690 542.** - **5 MADHU R., AGED 50 YEARS, S/O.RAGHAVAN, PART TIME SWEEPER, FL1 - 4022, EDAPPON, THIRUVALLA WARE HOUSE, ALAPPUZHA-690 558, RESIDING AT SHARMILABHAVAN, ARANOTTIMANGALAM P.O., MAVELIKARA, ALAPPUZHA DISTRICT-69010** WP(C)Nos.1948/2019 and Con. Cases **-3-** - **6 A.SUBRAMANYAN, AGED 34 YEARS, S/O.ARUMUGAM, PART TIME SWEEPER, FL1-2039, MADATHARA, KOTTARAKKARA, RESIDING AT SUKANYABHAVAN, BLOCK NO.145, MADATHARA P.O., KOLLAM DISTRICT-691 541.** - **7 CHANDRAN K.P., AGED 46 YEARS, S/O.VELAYUDHAN K.P., PART TIME SWEEPER, SHOP NO.FL01-10002, EDAPPAL-679 582, PERINTHALMANNA, RESIDING AT KOLATHUPADINJAREPARAMBIL, PALLUVANPADI, KALADY-679582, MALAPPURAM DISTRICT.** - **8 SUMITHAN B., AGED 54 YEARS, S/O.BHARGAVAN, PART TIME SWEEPER, SHOP NO.2014, VALLIMUKKU, KOLLAM DISTRICT, RESIDING AT ASWASTHI BHAVAN, MULLUVILA, VADAKKUVAL, KOLLAM-691 010.** - **9 RAJESH M., AGED 46 YEARS, S/O.MANGALANANDAN, PART TIME SWEEPER, KSBL NEDUMUDI, ALAPPUZHA, RESIDING AT THARAYASSERY P.O., PONGA P.O., NEDUMUDI, ALAPPUZHA DISTRICT-688 503.** - **10 HARIMON P.V., AGED 40 YEARS, S/O.VASUKUTTAN, FL SHOP NO.4013, KSBL, EDATHUVA, (PUNNAKUNNAM), ALAPPUZHA-688 504, RESIDING AT VELIYANADU P.O., ALAPPUZHA-689 590.** - **11 BHASKARAN V.P., AGED 63 YEARS, S/O.PADMANABHAN, PART TIME SWEEPER, KSBL, CHERTHALA, RESIDING AT VALLIYAKKAL, VAYALAR P.O., ALAPPUZHA.** - **12 GOPAKUMAR A., AGED 43 YEARS, S/O.APPUKUTTAN, KSBL, FL1 NO.2016, KARUNAGAPPALLY, KOLLAM DISTRICT, RESIDING AT A.K.V. NIVAS, NETTIYODE, PACHANA, KOTTA P.O., KOLLAM-691 583.** - **13 VIJAYAN PILLAI, AGED 53 YEARS, S/O.GOPINATHANPILLAI, PART TIME SWEEPER, SHOP NO.2007, THEKKUMBAGOM, KOLLAM DISTRICT, RESIDING AT MANAVILAVADAKKETHIL, MALI BHAGOM, CHAVARA SOUTH, THEKKUMBHAGOM-691584, KOLLAM DISTRICT.** WP(C)Nos.1948/2019 and Con. Cases **-4-** - **14 SANTHOSH K., AGED 39 YEARS, S/O. KARTHIKEYAN, PART TIME SWEEPER, FL1 NO.SHOP 2017, CHAVARA, KOLLAM DISTRICT, SANTHOSH BHAVANAM, RESIDING AT CHERUSSERY BHAGOM, CHVARA, KOLLAM DISTRICT-691 583.** - **15 RAJAPPAN K., AGED 62 YEARS, S/O.KESAVAN, PART TIME SWEEPER, SHOP NO.2028, PUTHUR, KOLLAM DISTRICT, RESIDING AT PAVUMBA NORTH P.O., THAZHAVA, KARUNAGAPPALLY, KOLLAM DISTRICT.** - **16 RAJESH JACOB, S/O.A.JACOB, PART TIME SWEEPER, FL-01-03011, MALLAPPPILLY, PATHANAMTHITTA -689 585, RESIDING AT KURAMANNIL HOUSE, KURIYANNUR P.O., PATHANAMTHITTA-689 550.** - **17 SHIJU JOHN, AGED 39 YEARS, S/O.O.JOHN, PART TIME SWEEPER, FL1-2024, KOTTARAKKARA, KOLLAM DISTRICT, RESIDING AT KOTTARAKKARA, KOLLAM-691 532.** - **18 SYAMALA GOPI, AGED 50 YEARS, PART TIME SWEEPER, FL NO.3001, PATHANAMTHITTA P.O., RESIDING AT THEKKEVEEDU, CHITTOORMUKKU, KONNI-689 691.** - **19 SANTHOSHKUMAR R., AGED 46 YEARS, S/O.RAJAPPAN NAIR, PART TIME SWEEPER, FL1 NO.2033, KUNNIKKODE, WAREHOUSE, KOTTARAKARA, KOLLAM DISTRICT-691 531, RESIDING AT MAVILATHEKKETHIL, KURUMBAKARA P.O., PATHANAMTHITTA-689 695.** - **20 HARSHAKUMAR, AGED 40 YEARS, S/O.RAJAPPANPILLAI, FL1-2025, CHADAYAMANGALAM, KOTTARAKKARA WAREHOUSE, KOLLAM DISTRICT, RESIDING AT KEEZHOOTT HOUSE, KANNANTHODE, CHADAYAMANGALAM P.O., KOLLAM DISTRICT -691 534.** - **21 PADMAJAN, AGED 60 YEARS, S/O.P.PADMANABHAN, PART TIME SWEEPER, ALAPPUZHA WAREHOUSE, ALAPPUZHA DISTRICT, RESIDING AT VIJAYABHAVAN, CHILAPPUZHA, HARIPPAD P.O., ALAPPUZHA -690514.** WP(C)Nos.1948/2019 and Con. Cases **-5-** - **22 THAJUDEEN, AGED 47 YEARS, PART TIME SWEEPER, PICHERY JUNCTION, FL1-4007, ALAPPUZHA WAREHOUSE, ALAPPUZHA-688 007, RESIDING AT PH WARD, ALAPPUZHA DISTRICT-688 007.** - **23 SHILLU PAUL, AGED 45 YEARS, S/O.POULOSE, PART TIME SWEEPER, FL1 NO.6007, PADAMUKHAM WAREHOUSE, IDUKKI DISTRICT, RESIDING AT AKALAYIL, THADIYAMBAD P.O., IDUKKI DISTRICT-685602.** - **24 N.J.VIJAYAN NAIR, AGED 58 YEARS, S/O.GOPALAN NAIR, PART TIME SWEEPER, WAREHOUSE AYARKUNNAM, FL1-5009, ERUMELI, MUNDAKKAYAM, KOTTAYAM DISTRICT, RESIDING AT THALLEDATHU PUTHEN VEETTIL, PUNCHAVAYAL P.O., KOTTAYAM DISTRICT-686 105.** - **25 SHIBU K.DAMODHARAN, AGED 41 YEARS, S/O.DAMODARAN, PART TIME SWEEPER, FL1-5002, WAREHOUSE, KOTTAYAM, CHANGANACHERRY, RESIDING AT KOLLAMPARAMBILK, THRIKKODITHANAM P.O., CHANGANCHERY – 686 105, KOTTAYAM DISTRICT.** - **26 SHIBU A.V., AGED 44 YEARS, S/O.VELAYUDHAN, PART TIME SWEEPER, F2-5031, VAIKOM WAREHOUSE, VYKOM, KOTTAYAM DISTRICT, RESIDING AT ALUMKAL HOUSE, VYKOM P.O., KOTTAYAM DISTRICT.** - **27 PRASAD A.N., AGED 42 YEARS, S/O.NANU P.K., PART TIME SWEEPER, THIRUVALLA WAREHOUSE, THIRUVALLA, PATHANAMTHITTA DISTRICT, RESIDING AT PEZHUNNILKUNNATHIL, MALARODI, PENNUKARA, POOMALA P.O., CHENGATHOOR, ALAPPUZHA-689 520.** - **28 K.ANANDAN, AGED 50 YEARS, S/O.K.P.KRISHNAN, PART TIME SWEEPER, PALAKKAD WAREHOUSE, FL-9007, KOMBANKUZHI, FORT MAITHANAM, KOPPAM, PALAKKAD – 678 001, RESIDING AT NALINI NIVAS HOUSE, KOMBANKUZHI, FORT MAITHANAM, KOPPAM, PALAKKAD-678 001.** WP(C)Nos.1948/2019 and Con. Cases **-6-** - **29 SUDARSAN P.A., AGED 41 YEARS, S/O.LATE APPU, PART TIME SWEEPER, FL-9014, VALAYAR, THANAVU, OLUVAKKODE, PALAKKAD DISTRICT, RESIDING AT MANGALATHANCHALLA, NEAR CHURINADA, RAILWAY STATION, PAMPANPALAM P.O., PALAKKAD-678 621.** - **30 RAMESH V.K., AGED 48 YEARS, S/O.KUTTAPPANACHARY, PART TIME SWEEPER, FL1-5019, AYARKKUNNAM WAREHOUSE, KOTTAYAM DISTRICT, RESIDING AT HARIPPATTUPURAYIDOM, ANNIKKODE P.O., KOTTAYAM DISTRICT-686 503.** - **31 VINOD KUMAR K.M., AGED 43 YEARS, S/O.MANIACHARY, PART TIME SWEEPER, FLI-6012, THODUPUZHA WAREHOUSE, KUNJITHANNI, IDUKKI DISTRICT, RESIDING AT KUPPASSERIL HOUSE, VELLATHOOVAL P.O., SHELLIAMPARA, IDUKKI DISTRICT-685 563.** - **32 A. ABDUL SAMAD, AGED 56 YEARS, S/O.MAJEED, PART TIME SWEEPER, FL NO.3003, KANNAMKARA, PATHANAMTHITTA DISTRICT, RESIDING AT THARAKANTEYADUTH VEEDU, VALACHANDY, PATHANAMTHITTA DISTRICT.** - **33 AJAYAKUMAR T., AGED 51 YEARS, S/O.THANKAPPAN, PART TIME SWEEPER, THIRUVALLA WAREHOUSE, PODIYADI (03013), PATHANAMTHITTA DISTRICT, RESIDING AT VAYALMAROM VEEDU, PODIYADI P.O., THIRUVALLA-689 110, PATHANAMTHITTA DISTRICT.** - **34 S.SREEDEVI, AGED 51 YEARS, D/O.SARASWATHI AMMA, PART TIME SWEEPER, SHOP NO.1013, PAZHAVANGADI, THIRUVANANTHAPURAM-695033, RESIDING AT MUTHALIYAR VILAKOM HOUSE, TC-28/1059, SREEKANDESWARAM, FORT P.O., THIRUVANANTHPAURAM-695 023.** - **35 BINOY S., AGED 38 YEARS, S/O.SHANMUGHAM, PART TIME SWEEPER, SHOP NO.2034, KOTTARAKKARA, KOLLAM DISTRICT, RESIDING AT BINOY BAVAN, THENMALA P.O., THENMALA-691308, KOLLAM DISTRICT.** WP(C)Nos.1948/2019 and Con. Cases **-7-** - **36 SUBRAMANYAN C., AGED 52 YEARS, S/O.CHITHRABHANU, PARTIME SWEEPER, SHOP NO.2003, KARIKKODE WAREHOUSE, KARIKKODE P.O., KOLLAM DISTRICT, RESIDING AT KALKURUMBUVILAVEEDU, KOTAKKAKAM, PERINADU P.O., KOLLAM-691601.** - **37 RONEY MATHEW, AGED 31 YEARS, S/O.MATHEW, PARTIME SWEEPER, FL07/5026, PALA SHOP, AYARKUNNAM WAREHOUSE, KOTTAYAM DISTRICT, RESIDING AT MANKARAIL HOUSE, ANTHINADU P.O., MANKARA, KOTTAYAM DISTRICT-686 564.** - **38 RAJAN N., S/O.NANU, PATHANAMTHITTA WAREHOUSE, PARTTIME SWEEPER, NO.3005, PATHANAMTHITTA-689 645. RESIDING AT RAJAVILASOM, ULLANNOOR P.O., KULANADA, PATHANAMTHITTA DISTRICT-689 645.** - **39 RAGHUVARAN M.G., AGED 60 YEARS, S/O.GOPALAN, SHOP NO.3015, PATHANAMTHITTA WAREHOUSE, PATHANAMTHITTA DISTRICT-689 645, RESIDING AT MULLASSERIL VADEETTATHIL, AALA P.O., CHENGANNUR, ALAPPUZHA DISTRICT-689 126.** - **40 R.MANIKYAN, AGED 48 YEARS, S/O.RENKAN, FL NO.1024, PARTTIME SWEEPER, ATTINGAL WAREHOUSE, THIRUVANANTHAPURAM-695015. RESIDING AT PERINGOOTUKUZHI HOUSE, NEAR SNEHA VEEDU, NALANCHIRA, ULOOR, NALANCHIRA, THIRUVANANTHAPURAM-605 015.** - **41 K.P.VINODKUMAR, AGED 46 YEARS, S/O.K.K.PEETHAMBARAN, PARTTIME SWEEPER, THODUPUZHA WAREHOUSE, OLAMATTAM-685 584, RESIDING AT KOICKALATHU HOUSE, RAJAMUDI P.O., UPPUTHODU-685 604.** - **42 SAJESH K., AGED 27 YEARS, S/O.NARAYANAN K.N., PART TIME SWEEPER, FL-01-13010, DHANALAKSHMI SHOP, KELAKAM SHOP, TANA, KANNUR DISTRICT, RESIDING AT SAJESH BHAVAN, KANNAMPARAMBU, P.O.KADACHIRA, KANNUR-670 621.** WP(C)Nos.1948/2019 and Con. Cases **-8-** - **43 MALLIKA K, AGED 50 YEARS, W/O.NARAYANAN N.K., PART TIME SWEEPER, FL-01-13011, KALTEX JUNCTION, KANNUR DISTRICT-670621. RESIDING AT “SAJESH BHAVAN”, KAMMARAMPARAMBU, PO KADACHIRA, KANNUR DISTRICT-670 621.** - **44 M.SURENDRAN, AGED 60 YEARS, S/O.LATE KUTTYRAMAN, SWEEPER, FL-01-13013, CHAKKARAKKAL BEVERAGES SHOP, MAMBA P.O., KANNUR DISTRICT-670 611. RESIDING AT “SUBINNIVAS”, P.O.MUZHAPPALA, KANNUR DISTRICT-670 611.** - **45 RAJAN P.M., AGED 53 YEARS, S/O.LATE KELAPPAN, SWEEPER, FL1-11020, VATAKARA BEVERAGE SHOP, VATAKARA P.O., KOZHIKODE DISTRICT, RESIDING AT OLAYATE MEETHAL HOUSE, KEEZHALKUTTOTH, VIA VATAKARAM, KOZHIKODE DISTRICT-673 104.** - **46 MANOJ T.P., AGED 42 YEARS, S/O.LATE SANKARAN T.P., SWEEPER, FL-1-11002, RAMANATTUKARA BEVERAGE SHOP, RAMANATTUKARA P.O., KOZHIKODE DISTRICT, RESIDING AT “MANU NIVAS”, THADATHILPADAM HOUSE, P.O.NALLALAM, KOZHIKODE DISTRICT.** - **47 MANOJ E.T., AGED 53 YEARS, S/O.SEKHARAN E.T., SWEEPER, FL-1-11003, MAVOOR ROAD BEVERAGES SHOPS, KOZHIKODE DISTRICT-673 004, RESIDING AT EDOTH HOUSE, VAZHAKKAPURATHU, ELANHIKKAL P.O., KOZHIKODE DISTRICT-673 303.** - **48 MOHANAN K., AGED 44 YEARS, S/O.SANKARAN K., SWEEPER, FL1-14008, KANHANGAD BEVERAGE SHOP, KASARAGOD DISTRICT-671 315, RESIDING AT MACHIKKAD, EDACHAKKARI P.O., KASARAGOD-671310.** - **49 BALAN N., AGED 42 YEARS, S/O.NARAYANAN NAIR K., SWEEPER, FL1-14006, BANDADUKKA BEVERAGE SHOP, CHENGALA VIA, KASARAGOD-671541, RESIDING AT NARIYANTEPUNNA HOUSE, KARIVEDAKAM P.O., KASARAGOD DISTRICT-671 541.** WP(C)Nos.1948/2019 and Con. Cases **-9-** - **50 M.BABU, AGED 44 YEARS, S/O.LATE VELAYUDHAN, SWEEPER, FL1-11015, THAMARASSERY BEVERAGE SHOP (CLOSED), CALICUT DISTRICT, TILL 2015, NOW WORKING AS HELPER, FL.NO.11008, RESIDING AT MADATHIL HOUSE, THAMARASSERY P.O., KOZHIKODE DISTRICT-673 573.** - **51 SUDHEESH P., AGED 42 YEARS, S/O.LATE UNNIKUTTY, SWEEPER, FL1-11009, KALLAYIL ROAD (CLOSED), KOZHIKODE DISTRICT, TILL 2015, NOW WORKING AS HELPER, FL NO.11001, RESIDING AT PALAKKAL HOUSE, VELLANOOR, PO CHULUR, KOZHIKODE DISTRICT-673 601.** - **52 UNNI T.P., AGED 51 YEARS, S/O.LATE CHANTHU, SWEEPER, FEROKE BEVERAGE SHOP, KOZHIKODE DISTRICT, RESIDING AT PALATHAZHATH HOUSE, PARAMMAL, AZHINJILAM P.O., MALAPPURAM DISTRICT -676 3632.** - **53 VELAYUDHAN P.M., AGED 49 YEARS, S/O.LATE THEYYATHIRA P.M., SWEEPER, FL1-11011, BYPASS PAVAMANI ROAD BEVERAGE SHOP, KOZHIKODE DISTRICT, RESIDING AT PAYYADIPURAYIL HOUSE, NARIKKUNI P.O., KOZHIKODE DISTRICT-673583.** - **54 THILAKARAJAN P., AGED 52 YEARS, S/O.LATE KUTTAN, SWEEPER, FL1-11006, KARIKKAMKULAM BEVERAGE SHOP, KOZHIKODE DISTRICT, RESIDING AT PARAKKATTIL HOUSE, EDAKKAD P.O., WEST HILL, KOZHIKODE DISTRICT-673 005.** - **55 SEBASTIAN BABU P.P., AGED 65 YEARS, S/O.LATE JOSEPH, SWEEPER, YMCA CROSS ROAD, BEVERAGE SHOP, FL1-11008, KOZHIKODE DISTRICT, RESIDING AT PANCHAMI HOUSE, VADAKKE ARAPPOYIL, VENGERI P.O., KOZHIKODE-673 010.** **BY ADVS. SRI.KALEESWARAM RAJ SRI.VARUN C.VIJAY KUM.A.ARUNA KUM.THULASI K. RAJ SMT.RIYA RAYMOL IYPE** WP(C)Nos.1948/2019 and Con. Cases ## **-10-** ## **SMT.MAITREYI SACHIDANANDA HEGDE SMT.K.C.AISHWARYA** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF EXCISE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 KERALA BEVERAGES CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 001.** - **3 MANAGING DIRECTOR, KERALA BEVERAGES CORPORATION, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 001.** **BY ADVS. SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M. AND M. SRI.SUNIL KUMAR KURIAKOSE, GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.03.2021, ALONG WITH WP(C).40291/2018(J), WP(C).1948/2019(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)Nos.1948/2019 and Con. Cases **-11-** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943** ## **WP(C).No.40291 OF 2018(J)** ## **PETITIONERS:** - **1 MURALEEDHARAN PILLAI.G, S/O. GOPALA PILLAI, SWEEPER, FL01-SHOP NO.2029, NEDUMONKAVU, KOLLAM WAREHOUSE, KOLLAM.** - **2 T.SHAJI, S/O. THULASEEDHARAN, SWEEPER, FLO1-SHOP NO.2036, ANCHAL, KOTTARAKARA WAREHOUSE, KOLLAM.** - **3 SANEESH, P.V, S/O. NARAYANAN NAIR, SWEEPER, FLO1 SHOP NO.9024, CHERPPULASSERRY, PALAKKAD WAREHOUSE, PALAKKAD-679 533.** - **4 NADESAN K, S/O. KARTHIKEYAN, SWEEPER, FLO1 SHOP NO.4004 , CHERTHALA, ALAPPUZHA WAREHOUSE, ALAPPUZHA-688 007.** - **5 K.P. MURALEEDHARAN PILLAI, S/O PADMANABHAN NAIR, SWEEPER, FL1 SHOP NO.4018, THIRUVALLA WAREHOUSE, THIRUVALLA-689 106.** - **6 VARGHESE V.V, S/O. VARGHESE, SWEEPER FL1.05021, KOTTAYAM WAREHOUSE, KOTTAYAM-686 006.** - **7 PRADEEP.P, SWEEPER, FL. 4019, KOLLAKADAVU, THIRUVALLA WARE HOUSE, ALAPPUZHA.** - **BY ADVS. SRI.KALEESWARAM RAJ SRI.VARUN C.VIJAY KUM.A.ARUNA KUM.THULASI K. RAJ SMT.RIYA RAYMOL IYPE SMT.MAITREYI SACHIDANANDA HEGDE** WP(C)Nos.1948/2019 and Con. Cases **-12-** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 KERALA BEVERAGES CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 001.** - **3 MANAGING DIRECTOR, KERALA BEVERAGES CORPORATION, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 001.** **BY ADVS.SRI.SUNIL KUMAR KURIAKOSE, GP SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M. AND M.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.03.2021, ALONG WITH WP(C).30853/2018(F), WP(C).1948/2019(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)Nos.1948/2019 and Con. Cases **-13-** ## **JUDGMENT** ## **[ WP(C).1948/2019, WP(C).30853/2018, WP(C).40291/2018 ]** ## **Dated this the 23rd day of March 2021** The petitioners in these cases are stated to be Casual Sweepers engaged in the various outlets of the Kerala State Beverages Corporation Limited (hereinafter referred to as 'Corporation', for short), on hourly basis. 2. The petitioners say that most of them, if not all of them, have been engaged by the Corporation uninterruptedly for the last more than ten years; but that even though they have been engaged for purposes incidental and antecedent to the main work of sweeping, they have not been offered regularisation, nor has the Corporation mooted any Scheme for such purpose. 3. The petitioners allege that they are thus WP(C)Nos.1948/2019 and Con. Cases ## **-14-** being exploited by the Corporation, by giving them a meager remuneration; and that too, on an hourly basis and therefore, that they have preferred a representation before the Government, namely, Ext.P8 in W.P.(C)No.30853 of 2018, seeking either regularisation or formulation of the Scheme for such purpose. They thus pray that the said representation be directed to be taken up and disposed of by the competent Authority of the Government at the earliest. 4. I am considering the afore three writ petitions together since, as I have said above, the petitioners are identically placed and since the reliefs sought for by them are also similar. 5. I have heard Smt.Maitreyi S.Hegde – learned counsel for the petitioners in these cases; Sri.T.Naveen – learned Standing Counsel appearing for the Corporation and the learned Government Pleader Sri.Sunil Kumar Kuriakose. WP(C)Nos.1948/2019 and Con. Cases ## **-15-** 6. Sri.T.Naveen – learned Standing Counsel for the Corporation, submitted that the plea put forth by the petitioners in these cases are wholly untenable, because they were engaged not by the Corporation directly but by the Officer -incharge of the various outlets, on an hourly basis, as per the extant instructions. 7. The learned Standing Counsel submitted that most of the employees, if not all, had worked only an hour or less everyday in the outlets, since its area is very small; and that this is in contradistinction to the 15 or so sanctioned posts of Sweepers in the Corporation, the incumbents in which are working Full-time in its larger offices like Regional Offices, Warehouses, Head Office etc. 8. Sri.T.Naveen contended that, therefore, the petitioners cannot seek regularisation merely because they have worked one hour or so everyday, ## WP(C)Nos.1948/2019 and Con. Cases ## **-16-** particularly when there is absolutely nothing on record to show that they have been engaged exclusively by the outlets, adding that it is certain that most of them have worked in other places also in each of the days were asked to work hourly in the outlets of the Corporation. The learned Standing Counsel thus prayed that these writ petitions be dismissed. 9. The learned Government Pleader – Sri.Sunil Kumar Kuriakose, submitted that the Government can consider any plea of the petitioners only if a proper proposal is made before it by the Corporation. He submitted that since no such proposal is pending before Government, this Court may not issue any further orders in this writ petition. 10. When I consider the afore submissions, it is luculent that the petitioners' specific claim is that they were engaged by the Corporation as WP(C)Nos.1948/2019 and Con. Cases ## **-17-** Sweepers for the last many years; and that they were also made to do various ancillary jobs in the respective outlets. In substantiation, they have produced on record Ext.P2 in W.P.(C)No.30853 of 2018, which is a certificate issued by the Manager of the Warehouse, Kollam, to the effect that many of them have worked for several years between 2010 and 2014 at measly amounts of Rs.20/- or Rs.16 per hour. It is thus that they assert that they are entitled to be granted regularisation; and that since the Corporation is unwilling to make a proposal for the same, the Government is obligated to consider their representation, adverting to the various judgments of the Hon'ble Supreme Court and that of this Court. 11. When I examine Ext.P2, I must immediately bear in mind that it is the specific objection of Sri.T.Naveen that the said document is not a genuine one; and that even if it is taken to be WP(C)Nos.1948/2019 and Con. Cases ## **-18-** otherwise, it in fact shows that the petitioners herein have worked for less than one hour each day at the rate of Rs.20/- per hour, as had been fixed in the extant circulars and orders. 12. It is resultantly clear that there are disputations in the factual realm between the parties - including as to whether the petitioners had been engaged directly by the Corporation and whether they were made to do the work continuously over a large period of time as has been asserted by them - which cannot be resolved by this Court, while acting under Article 226 of the Constitution of India. 13. That said, the pleadings on record does not provide any inputs from the side of the petitioner to show that they have worked continuously and exclusively for the outlets of the Corporation for more than 10 years, so as to give them the benefit of the ratio in **Secretary, State of Karnataka v.** WP(C)Nos.1948/2019 and Con. Cases ## **-19-** **Umadevi** [2006 (4) SCC]; but I notice that their specific case is that even though they have not been able to demonstrate this precisely, they will be in a position to convince the Government appropriately, if their representation, namely Ext.P8 in W.P.(C)No.30853 of 2018, is taken up and disposed of appropriately. 14. The sum total of the afore is that, on one hand, the petitioners say that they are entitled to a Scheme for regularisation to be prepared by the Government or by the Corporation in terms of law and taking note of their long and uninterrupted service in its various outlets; while, on the other hand, the Corporation alleges that their services are only of an hour duration each day and that they have not been engaged continuously, but have been replaced by various persons, who are available in the locality at the command of the head of the outlets, from time to WP(C)Nos.1948/2019 and Con. Cases ## **-20-** time. 15. Obviously, therefore, this issue will have to be considered by a competent Authority and cannot be decided by this Court, since it is now well recognised that disputations of facts cannot be considered on its merit by this Court, while acting under writ jurisdiction. 16. I am, therefore, of the opinion that it will be better to allow the Government to take up Ext.P8 in W.P.(C)No.30853 of 2018 and such other representations, if any, pending in the other cases, thus leading to an apposite decision thereon - after affording an opportunity of being heard to the petitioners 1 to 3 in W.P.(C)No.30853 of 2018 and the Authorized representatives of the Corporation – as to whether a Scheme for regularisation or such other method should be evolved with respect to the petitioners in these cases and similarly placed persons. WP(C)Nos.1948/2019 and Con. Cases ## **-21-** The afore exercise shall be completed by the competent Authority of the Government, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment. It is needless to say that I have not found affirmatively in any manner in favour of the petitioners and that I leave it completely open to the Government to take any decision on their grievances, based on law and following the procedure afore directed. **Sd/DEVAN RAMACHANDRAN JUDGE** akv WP(C)Nos.1948/2019 and Con. Cases **-22-** ## **APPENDIX OF WP(C) 1948/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 27.6.2016 IN WPC NO.1377/2015** **EXHIBIT P2 A TRUE COPY OF THE LIST PREPARED BY THE BEVERAGES CORPORATION GRANTING THE ENHANCEMENT OF PAY** **EXHIBIT P3 A TRUE COPY OF THE NEWSPAPER REPORT DATED 27.6.2018** - **EXHIBIT P4** **A TRUE COPY OF G.O(MS). NO.23/11 DATED 25.2.2011** - **EXHIBIT P5** **A TRUE COPY OF G.O.(MS). NO.79/2010 DATED 10.1.2010** - **EXHIBIT P6** **A TRUE COPY OF THE ORDER DATED 9.3.2007** - **EXHIBIT P7** **A TRUE COPY OF G.O.(MS). NO.34/2013 DATED 3.5.2013 AS PER WHICH 36 ICDS WORKERS ARE REGULARIZED** **EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 12.1.2019 SUBMITTED BY THE PETITIONER NO.1 BEFORE THE 1ST RESPONDENT** **EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 12.1.2019 SUBMITTED BY THE PETITIONER NO.2 BEFORE THE 1ST RESPONDENT** **RESPONDENT'S/S EXHIBITS : NIL.** //TRUE COPY// P.A. TO JUDGE WP(C)Nos.1948/2019 and Con. Cases **-23-** ## **APPENDIX OF WP(C) 30853/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE JUDGMENT DATED 27/6/2016 IN WP(C) NO.1377/2015** **EXHIBIT P2 COPY OF THE LIST PREPARED BY THE BEVERAGES CORPORATION GRANTING THE ENHANCEMENT OF PAY.** **EXHIBIT P3 COPY OF THE NEWSPAPER REPORT DATED 27/6/2018 DESHABHIMANI DAILY** **EXHIBIT P4 COPY OF G.O(MS) NO.23/11/DATED 25/2/2011.** - **EXHIBIT P5 COPY OF GO(MS) NO. 79/2010 DATED 10/11/2010** - **EXHIBIT P6 COPY OF THE ORDER DATED 9/3/2007** - **EXHIBIT P7 COPY OF G.O.(MS) NO.34/2013 DATED 3/5/2013** - **EXHIBIT P8 COPY OF THE REPRESENTATION DATED 7/9/2018 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.** - **EXHIBIT P9 COPY OF G.O.(P) NO.412/2011/FIN DATED 30/9/2011.** **EXHIBIT P10 TRUE COPY OF THE CIRCULAR NO.17402/AE7/2018/KSBC DATED 26.11.2018.** ## **RESPONDENT'S/S EXHIBITS : NIL.** //TRUE COPY// P.A. TO JUDGE WP(C)Nos.1948/2019 and Con. Cases **-24-** ## **APPENDIX OF WP(C) 40291/2018** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 COPY OF THE JUDGMENT DATED 27.6.2016 IN WP(C)NO. 1377/2015.** **EXHIBIT P2 COPY OF THE LIST PREPARED BY THE BEVERAGES CORPORATION GRANTING THE ENHANCEMENT OF PAY.** **EXHIBIT P3 COPY OF THE NEWSPAPER REPORT DATED 27.6.2018.** **EXHIBIT P4 COPY OF GO(MS)NO. 23/11/ DATED 25.2.2011.** **EXHIBIT P5 COPY OF GO(MS)NO. 79/2010 DATED 10.11.2010.** - **EXHIBIT P6 COPY OF THE ORDER DATED 9.3.2007. EXHIBIT P7 COPY OF RELEVANT PAGES OF GO(MS)NO. 34/2013 DATED 3.5.2013.** **EXHIBIT P8 COPY OF THE REPRESENTATION DATED 4.12.2018 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.** **RESPONDENT'S/S EXHIBITS : NIL.** //TRUE COPY// P.A. TO JUDGE