Shajahan T.K. and others v. Administrator, Union Territory of Lakshadweep and Others

**WP(C).No.13767 OF 2020** **1** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **THURSDAY, THE 13TH DAY OF AUGUST 2020 / 22ND SRAVANA, 1942** ## **WP(C).No.13767 OF 2020(U)** ## **PETITIONER/S:** **1 SHAJAHAN T.K., AGED 37 YEARS S/O.HAMSA, THIRINIKAD, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT). 2 SULAIMAN K.P., S/O.KIDAREKUTTIPAPEPURA, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **3 MOHAMMED SHAFI K.P., S/O.SYEDPOO, KAKACHIYAPURA, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **4 HUSSAINALI K.P., S/O.MOHAMMED, KUTHITHAYEPURA, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **5 SALEEM.V., S/O.HAMZATH, THOOSHIYAPURA, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **6 KHAIR P.K., S/O.LATE MUTHU, PULINAKEEL, KUNTTIPPEPURA, KAVARATHI ISLAND, UNION TERRITORY OF** **WP(C).No.13767 OF 2020** **2** **LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** **7 MUSTHAFA B.K., S/O.SYED, BAKKAKADA, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **8 BASHEER P.I., S/O.LATE MOHAMMED, PUTHIYAILLAM, PALLIPURA, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **9 ABOOBACKER P., S/O.KUNHI KUNHI, PALLAM, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **10 ALIKOYA K., S/O.BASHEER, KELIYAM, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **11 BASHEER.S., S/O.HAMSATH ALI, SAFIYABIYODA, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** **12 ABDUL NAZAR, S/O.ATTAKOYA, MUCHIYAM, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **13 JALEEL.P.,** - **S/O.ATTAH, POOVAMMADA, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **14 MUJEEB RAHMAN U.P., ALIKOYA, UTHAMPOKAKADA, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS** **WP(C).No.13767 OF 2020** **3** **CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **15 SALEEM A.P.,** **S/O.MOHAMMED, ATHAMPEPURA, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **16 JAMALIYATH T.P., D/O.SAINUL ABID, THIRINIPURA, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **17 YAKOOB,** - **S/O.LATE YOUSEF, CHANDIPURA, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** - **18 HIDAYATHULLA S.M., S/O.HAMZATH, SUBAITHA MANZIL, KAVARATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP, (WORKING AS CASUAL LABOUR UNDER THE AGRICULTURE DEPARTMENT).** ## **BY ADV. SMT.M.B.SHYNI** ## **RESPONDENT/S:** - **1 THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI ISLAND, PIN-682555.** - **2 THE DIRECTOR OF PANCHAYAT, DEPARTMENT OF PANCHAYAT, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP, KAVARATTI ISLAND-682555.** - **3 THE DIRECTOR,** **AGRICULTURE DEPARTMENT, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI ISLAND-682555.** **4 THE AGRICULTURE OFFICER, AGRICULTURE OFFICE, KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682555.** **WP(C).No.13767 OF 2020** **4** - **5 THE VILLAGE (DWEEP) PANCHAYAT, KAVARATTI ISLAND, EXECUTIVE ENGINEER, UNION TERRITORY OF LAKSHADWEEP-682555.** - **6 NAJMATHUL LAILY P.P., D/O.ABDULLA K.P., PUTHIYAPURA HOUSE, KILTHAN ISLAND, UNION TERRITORY OF LAKSHADWEEP682558.** - **7 BUSHARA.A., D/O.CHERIYAKOYA.A., ALIYATHARA HOUSE, ANDROTT ISLAND, UNION TERRITORY OF LAKSHADWEEP-682551.** - **8 KHADEEJA C.K.,** - **D/O.ABEEBACKER.M, CHEKKEKEEL HOUSE, KALPENI ISLAND, UNION TERRITORY OF LAKSHADWEEP682555.** - **9 SALIM MALIK T.P.,** **S/O.ABDUL SHOKOOR S.M., THIRUVATHAPURA HOUSE, AGATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682555.** - **10 RAISA IRFATH BANU K.C, D/O.CHERIYAKOYA C.O., KUTTIYACHADA HOUSE, KALPENI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682557.** - **11 HALIMABI C.K., D/O.MOHAMMED ABDUL RAHIMAN A.P., CHAKKEKEEL HOUSE, KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682555.** - **12 CHERIYAMOL K.K., D/O.ZAINUL ABID.M, KELIYAMMAKKADA HOUSE, KILTHAN ISLAND, UNION TERRITORY OF LAKSHADWEEP-682558.** - **13 NAJILA M.I., D/O.ABDILLAKOYA, MUKKIRIYA ILLAM HOUSE, KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682555.** - **14 FARHANA T.P., D/O.POOKOYA M.P., THATTAMPOOKKADA HOUSE,** **WP(C).No.13767 OF 2020** **5** **ANDROTT ISLAND, UNION TERRITORY OF LAKSHADWEEP-682551.** - **15 RAVASIYA PRAVEEN K.C, D/O.SYED MOHAMMED A.K., KUTTIYACHADA HOUSE, KALPENI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682557.** - **16 NILAMUDHEEN K., S/O.AHMAD C.M., ROSE MANZIL, KACVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP682555.** **17 THAJUL HASSAN K.V., S/O.ABDULKHADER.M., KEELAVILLATTUM HOUSE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682555.** - **18 HAMEEDATHBI K., D/O.KOYA C.L., KUNNASHADA HOUSE, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP682551.** - **19 ABDUL RAFIH P.A., S/O.SAYEDUL ABID, PUTHIYA ALIKOM HOUSE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682552.** - **20 MOHAMMED KEELANI HASSAN NADAVI K.M., S/O.SAYEDUL HAMEED, KAMAL MALMIYODA HOUSE, AGATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682553.** - **21 SALIM MALIK E.C., S/O.YOUSUF P.P., ELLA CHETTA HOUSE, AGATTIL ISLAND, UNION TERRITORY OF LAKSHADWEEP682553.** - **22 BEEBI FATHIMA K.D., KUNHI P., KUNNAMANGALAM HOUSE, KILTHAN ISLAND, UNION TERRITORY OF LAKSHADWEEP682558.** - **23 SAFEELA T.P., D/O.KUNHIKOYA, THATTAMPOKKADA HOUSE, ANDROTT ISLAND, UNION TERRITORY OF LAKSHADWEEP682551.** **WP(C).No.13767 OF 2020** **6** - **24 LAILA BASHEER K.,** **D/O.MOHAMMED BASHEER K.K., KUNHALI HOUSE, ANDROTT ISLAND, UNION TERRITORY OF LAKSHADWEEP-682551.** **25 SUMAYYABI P.M., D/O.KOYAKIDAVE.B., POOMALIKA HOUSE, KADAMATH ISLAND, UNION TERRITORY OF LAKSHADWEEP682556.** - **26 FIROSKHAN M.K., S/O.KASMI P.C, SMK HOUSE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682552.** **27 MOHAMMED HISHAM P., S/O.KUNHI K.P., PONNIKAM HOUSE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP682552. 28 ABDUL GAFOOR P.K., S/O.KOYASSAN K.C., PUNNAKKOD HOUSE, AGATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP682553.** - **29 AKBAR MELAPURA, S/O.ABDUL KHADER S.C., MELAPURA HOUSE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP682552.** - **30 LIBANA BEEGUN L., D/O.POOKOYA K.C., LAVANAKKAL HOUSE, ANDROTT ISLAND, UNION TERRITORY OF LAKSHADWEEP682551.** - **31 RUBEENA K.G., D/O.SHUKATH ALI.M., NALIYAMPURA HOUSE, KANNARGOTHI, KAVARATTI ENVIRONMENT ASSISTANT, V(D)P, MINICOY ISLAND, UNION TERRITORY OF LAKSHADWEEP-682559.** - **32 SAYEEDHA S.V., D/O.MASHOOD.A., SHAIKINAVEED HOUSE, KILTHAN ISLAND, UNION TERRITORY OF LAKSHADWEEP682558.** ## **33 MOHAMMED ABDUNNASAR T.M.,** **WP(C).No.13767 OF 2020** **7** **S/O.MUSTAFA M.P., THARAMPALLI MAKKET HOUSE, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP-682551.** **34 NASARULLA M.B., S/O.MOHAMMED M., MOHAMMED BHAVAN, KADAMATH ISLAND, UNION TERRITORY OF LAKSHADWEEP682556.** **35 HISANA K., D/O.MUTHUKOYA A., KOORMEL HOUSE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP682552. 36 SABEENA C.P., D/O.MOHAMMED SHAFI P., CHERIYAPURA HOUSE, CHETLATH ISLAND, UNION TERRITORY OF LAKSHADWEEP-682554. 37 ABOO THALHATH B., S/O.KOYAMMA P., BAPTHIYODA HOUSE, ANDROTT ISLAND, UNION TERRITORY OF LAKSHADWEEP682551.** - **38 SUMAYYA BEEBI A., D/O.KOYA P., ATTALADA HOUSE, ANDROTT ISLAND, UNION TERRITORY OF LAKSHADWEEP-682551.** - **39 MOHAMMED ABDUL KAREEM M.P., S/O.KOYAMMA P.K., MOODAMPURA HOUSE, ANDROTT ISLAND, UNION TERRITORY OF LAKSHADWEEP682551.** - **40 AJMAL HUSSAIN P.K.H, S/O.HUSSAIN.M, PADANNATHA KANDETH HOUSE, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP-682551.** - **41 MOHAMMED RASHEED P.K.P., S/O.ATTAKOYA, PUTHIYAKAKKOTHAPURA HOUSE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682552.** - **42 SHAMEED C.N., S/O.ATTAKOYA K., CHERIYANNALLAL HOUSE, KALPENI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682557.** **WP(C).No.13767 OF 2020** **8** **43 MOHAMMED ASIFKHAN B., S/O.YAKOOB.C.C., BANIYAM HOUSE, KILTAN ISLAND, UNION TERRITORY OF LAKSHADWEEP682558.** - **44 MUFEEDHA M.I., D/O.HAMEEDA A.P., MELAILLAM HOUSE, KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP682555.** - **45 ANEESA PARVEEN H.M., D/O.ATTAKOYA P.P., HURAISHI MAKKAN HOUSE, KADAMATT ISLAND, UNION TERRITORY OF LAKSHADWEEP-682556.** - **46 TAKEUDEEN ALI N.C, S/O.KHADER B.C., NEDUVATHACHETTA HOUSE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682552.** - **47 ABDUL VALEED P., S/O.ABDUL VAHAB K.C., KARIYAM CHETTA HOUSE, AGATHI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682553.** **R1-4 BY SRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.13767 OF 2020** **9** ## **JUDGMENT** The petitioners, who claim to be natives of the Union Territory of Lakshadweep have contended that they are casual labourers under the 4[th] respondent since the year 2000. The petitioners were initially engaged for a period of 89 days at a stretch. They have been continuously engaged for the last 20 years, with an artificial break after 89 days. The engagement of the petitioners is regular in nature. The artificial breaks that are effected by the respondents is with a mala fide intention of defeating any claim of the petitioners for permanent absorption. On 30.4.2020, the 3[rd] respondent had by Ext.P1 order issued an order awarding the petitioners to upgraded skilled category. The petitioners are continuing as casual labourers in the Agricultural Department, without any protection of interim orders of the Courts or Tribunals. **WP(C).No.13767 OF 2020** **10** 2. The Hon'ble Supreme Court in paragraph 53 of the decision in **Secretary, State of Karnataka and Others v. Umadevi & Others** [ (2006) 4 SCC 1] has held that the qualified persons in duly sanctioned vacant posts, who have continued to work for ten years or more, without the intervention of orders of the Courts or Tribunals have to be considered for regularisation of service. The petitioners come from the same situation covered by the above decision. In an identical situation, this Court by Ext.P2 judgment directed the 1[st] respondent to undertake a one time exercise of regularisation, as contemplated in paragraph 53 of the judgment in **Umadevi.** Similarly, pursuant to the directions of this Court in Contempt Case No.1076/2018, the 1[st] respondent by Ext.P3 regularised the employment of casual labourers similarly situated to the petitioners. Hence, the petitioners are entitled to get regularisation of employment to their respective posts. The respondents are deliberately evading from **WP(C).No.13767 OF 2020** **11** regularisation of the petitioners. The respondents are now taking hasty steps to appoint the candidates from Ext.P4 list, without considering the experience of the petitioners. Hence, the petitioners have preferred Ext.P5 representation before the 1[st] respondent. The petitioners seek a direction to the 1[st] respondent to consider and dispose of Ext.P5, in light of Exts.P2 and P3, within a time frame. 3. The learned Standing Counsel appearing for the respondents 1 to 4 has filed a statement, inter alia, contending that the writ petition is not maintainable. According to the respondents 1 to 4, the petitioners are casual labourers engaged by the Agricultural Department of the 1[st] respondent. The engagement of casual labourers in the 1[st] respondent is governed by a scheme of engaging labourers from the registers prepared by Village-Panchayats on rotation basis. The petitioners 1 to 15, 17 & 18 had earlier filed WP(C) Nos. 5289/2015 and 5551/2015 before this ## **WP(C).No.13767 OF 2020** ## **12** Court challenging the order of the Secretary of Panchayats by which scheme they were disengaged. The scheme of the 1[st] respondent was upheld by this Court. The petitioners have suppressed materials facts before this Court, with an intention to mislead this Court. The suppression is grave and contumacious. The judgment has become final. Hence, the writ petition is only liable to be dismissed. 4. The 1[st] petitioner has filed a reply affidavit refuting the allegations in the statement filed by the learned Standing Counsel. According to the 1[st] petitioner, the petitioners had filed WP (C) No.5289/2015 against an order disengaging them. Therefore, the prayer in the writ petition was against the retrenchment of the petitioners. This Court by Ext.P7 judgment disposed of the writ petition with an observation that the petitioners have right under the Industrial Disputes Act. Now the petitioners have approached this Court seeking a direction to regularise **WP(C).No.13767 OF 2020** **13** their service taking into account Exts.P2 and P3. 5. Heard Smt.M.B.Shiny, the learned counsel for the petitioners and Sri.S.Manu, the learned Standing Counsel appearing for the respondents 1 to 4. Notice to respondents 5 to 47 were dispensed with, in view of the order that I propose to pass in this case. 6. Undisputedly, this Court by Ext.P7 judgment in paragraphs 14 to 16 held thus: 14. Therefore, the impugned scheme cannot be said to be illegal in any respect as already found in the judgment in W.P(c).No.27618 of 2017. Moreover, in the light of judgments ( _supra_ ) relied on by the Learned Standing Counsel, starting from _**Umadevi**_ 's case, the **petitioners who were selected by pick and choose method cannot have any valid claim for regularisation or continued engagement when several unemployed hands are awaiting appointments.** Their cases are also liable to be considered for employment for 89 days as per their turn, once the register is prepared pursuant to Ext P26 order. 15. However, it is seen that the respondents are operating a single list for engaging persons for any employment, irrespective of the qualification requires or **WP(C).No.13767 OF 2020** **14** nature of employment. Such a procedure will cause unnecessary delay in providing employment/utilising the services of qualified hands at the earliest opportunity. I am of the view that preparation of separate lists for posts/employments which require special/technical qualification will be appropriate and it would serve the interest of employee as well as employer. Apart from avoiding delay in getting qualified hands, the aspirants for employment will have an idea about the possible intervals between each spell of their appointments. The respondents shall consider whether such separate list is necessary to avoid delay. 16. The learned Counsel for the petitioners vehemently argued that in the light of the judgment in _**Paramanand v. Nagar Palika & others**_ : (2003)9 SCC 290, the village Panchayat is an industry and the petitioners are workmen and therefore the respondents are bound to observe the provisions contained in Chapter VA of the Industrial Disputes Act, 1947 (ID Act) and the right of the petitioners under the Industrial Disputes Act requires adjudication by this court. But I find that when there is a statutory forum to adjudicate the disputes under the ID Act, the petitioners would be free to approach it and this judgment will not stand in the way of adjudicating the same. 7. Undisputedly, Ext.P7 judgment has attained **WP(C).No.13767 OF 2020** **15** finality. A reading of the judgment substantiates that this Court had categorically found that the petitioners were selected by a pick and choose method. Therefore, they cannot have any valid claim for regularisation or continued engagement. This Court relegated the petitioners to approach the competent Forum under the Industrial Disputes Act. 8. The prayer in this writ petition though seemingly innocuous i.e, to consider Ext.P5 representation favourably and regularise the service of the petitioners, in light of Exts.P2 and P3, the same is to bye-pass Ext.P7 judgment, which has become conclusive and attained finality. This Court has categorically found that the petitioners were selected by pick and choose method and that their initial engagement was without any process of selection. Therefore, Ext.P5 representation is unsustainable in law. It is impermissible in law for this Court to direct an authority to consider an unsustainable **WP(C).No.13767 OF 2020** **16** representation. 9. The Hon'ble Supreme Court in a recent decision in **Union of India v. P.Venkatesh** [(2019) 15 SCC 613] in paragraph 8 held thus: “8. This “dispose of the representation” mantra is increasingly permeating the judicial process in the High Courts and the Tribunals. Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. The litigant is back again before the court, as this case shows, having incurred attendant costs and suffered delays of the legal process. This would have been obviated by calling for a counter in the first instance, thereby resulting in finality to the dispute. By the time, the High Court issued its direction on 9.8.2016 nearly twenty-one years had elapsed since the date of the death of the employee”. 10. In light of the above categoric declaration of law and on finding that Ext.P5 representation is **17** ## **WP(C).No.13767 OF 2020** unsustainable in law, in light of the findings in Ext.P7 judgment, the prayer to direct the respondents to consider Ext.P5 representation favourably and regularise them in service cannot be permitted. Hence the writ petition fails and the same is dismissed. ma/14.8.2020 Sd/- C.S.DIAS, JUDGE /True copy/ P.S to Judge **WP(C).No.13767 OF 2020** **18** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE ORDER NO.F.NO.5/3/2019-AGRI/215 DATED 30.04.2020 ISSUED BY THE 3RD RESPONDENT.** **EXHIBIT P2** **TRUE COPY OF THE JUDGMENT IN OP(CAT)NO.2301/2011 DATED 26.11.2015 OF THIS HON'BLE COURT.** **EXHIBIT P3 TRUE COPY OF THE ORDER NO.F NO.15/09/2009-IND/591 DATED 29.11.2018 ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 02.07.2020 ISSUED BY THE 3RD RESPONDENT.** **EXHIBIT P5** - **TRUE COPY OF THE REPRESENTATION DATED 04.07.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.** **EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF WP(C) NO.5289/2015 OF THIS HON'BLE COURT (WITHOUT EXHIBITS).** **EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 20.8.2018 IN WP(C) NO.5289/2015.**