Kerala High Court Digest 2023: Labour & Service Laws

Pension Schemes Under KTWWF Act & Kerala Dairy Farmers' Welfare Fund Act Do Not Prohibit Membership Of Two Different Welfare Funds: Kerala High CourtCase Title: Sadanandan K.S. & Ors. v. Kerala Toddy Workers Welfare Fund Board & Ors.Citation: 2023 LiveLaw (Ker) 7The Kerala High Court held that availing of pension from the Scheme under Kerala Dairy Farmers' Welfare Fund Act, 2007 would not prohibit the same person from availing pension from the Scheme under the Kerala Toddy Workers Welfare Fund Act, 1969.Justice Murali Purushothaman said neither the KTWWF Act nor the Kerala Dairy Farmers' Welfare Fund Act provides for any prohibition of membership in two welfare funds or in receiving benefits under two welfare fund schemes under two different Acts.State Govt Employees Participating In General Strikes Not Entitled To Constitutional Protection Under Article 19(1)(c): Kerala High CourtCase Title: Chandra Chooden Nair S v. State of Kerala and Ors.Citation: 2023 LiveLaw (Ker) 9The Kerala High Court ordered action against government employees who participated in general strikes last year, on March 28 and 29, against Centre's economic policies.A Division Bench consisting of Chief Justice S Manikumar and Justice Shaji P. Chaly reiterated that Government Employees who participate in general strikes, affecting the normal life of the public and Public Exchequer, are not entitled to be protected under Article 19(1)(c) of the Constitution. The provision protects the right to form associations or unions.The Court in the case of G. Balagopalan v. State of Kerala and Others had held that there is no legal right in workers or associations, to call for a general strike or instigate the employees to strike, in the guise of the fundamental right guaranteed under Article 19(1)(c) of the Constitution.Thus relying on the case, the Court observed that erring government servants are liable to be proceeded against in accordance with the provisions of Kerala Service Rules and Kerala Government Servants' Conduct Rules, 1960.[Kerala Service Rules] Leave Vacancy Without Allowance Granted To Regular Incumbent Not Appointment Against 'Substantive Vacancy': High CourtCase Title: State of Kerala rep. by Secretary to the Government & Ors. v. Dr. Sushama S. & Anr.Citation: 2023 LiveLaw (Ker) 12The Kerala High Court held the appointment of a teacher against the vacancy that arose by reason of the leave without allowance granted to a regular incumbent, cannot be regarded as an appointment made against a substantive vacancy.The Division Bench comprising Justice P.B. Sureshkumar and Justice C.S. Sudha further held that the service rendered by such person in the leave vacancy preceding their absorption without break in the regular establishment would also not qualify for pensionary benefits."...in the absence of an order by the Government suspending the lien of the teacher in whose leave vacancy the petitioner was initially appointed, the said teacher was retaining a lien on that post. If that be so, the initial appointment of the petitioner cannot be said to be an appointment made against a substantive vacancy", it was observed.Kerala Service Rules | No Claim To Pension When An Employee Is Appointed For A Limited Period, Say Against Leave Vacancy: High CourtCase Title: State of Kerala and Ors. v. Raveendran Pillai S and Anr.Citation: 2023 LiveLaw (Ker) 16The Kerala High Court observed that according to Rule 4 and Rule 14E(a) of Kerala Service Rules no claim to pension is admissible when an employee is appointed for a limited period and that the period of regular full time service of a pensioner in an aided school alone shall be reckoned as qualifying service for pension.Division Bench consisting of Justice P. B. Suresh Kumar and Justice C. S. Sudha observed that,“The appointments of the petitioner in the leave vacancies can be regarded only as appointments for a limited time and in light of Rule 4 of Part III KSR, no claim to pension is admissible for the services rendered by the petitioner in the said vacancies, especially in light of the clarification made in Rule 14E(a) that only regular full time aided school service shall be reckoned for pension”.Contractual Employees Cannot Be Terminated Without Issuance Of Notice: Kerala High CourtCase Title: Tintu K. & Anr. v. Union of India & Ors.Citation: 2023 LiveLaw (Ker) 18The Kerala High Court held that contractual employees cannot be terminated on the ground of 'unsatisfactory performance' of service without the issuance of notice or finding to that effect.Setting aside an order passed by Mananthavady Municipality by which the service of petitioners at Ayush NHM Homeopathic Dispensary was discontinued, Justice Anu Sivaraman said that the primary reason for termination of services of the contract was that their services had been found to be unsatisfactory."If that be so, even though the petitioners are contractual employees, they were entitled to a notice with regard to the unsatisfactory nature of...

Kerala High Court Digest 2023: Labour & Service Laws

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