Ker HC | Writ Court not a proper forum for ventilation of grievance pertaining to regularisation of service

Kerala High Court: The Division Bench of V. Chitambaresh and A.M. Babu, JJ. dismissed an appeal challenging the learned Single Judge’s order dismissing a petition filed for regularisation of service.

Appellant herein had filed a claim for regularisation in service but the same was turned down in 2001. The writ petition challenging the same was filed only in 2014 and the same was dismissed holding the petitioners guilty of laches in invoking the writ jurisdiction. Being aggrieved, the instant writ appeal was filed.

Respondent 2 (Kerala Shipping and Inland Navigation Corporation Ltd.) submitted that a few casual labourers had been continued only on humanitarian grounds even though the work dwindled after Gosree Projects.

The Court at the outset noted that there was no irregularity in the impugned order. Further, a huge financial commitment would be imposed on respondent  2 if all casual labourers were regularised. Moreover, they also would not even have adequate work for such workers.

Further, the appellant was not advised for appointment as he had a low rank in the rank list published by the Public Service Commission which is entrusted with the task of recruitment.

It was opined that it is not an inflexible rule that services of all casual labourers should be regularised. The Court concluded that appellant was at liberty to move the Labour or Industrial Courts under the Industrial Disputes Act, 1947 if there was an unfair labour practice as writ court is not the proper forum for ventilation of such grievance.

In view of the above, the appeal was dismissed.[K.S. Rajeevan v. State of Kerala, 2019 SCC OnLine Ker 805, decided on 07-03-2019]

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