IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.  3065 OF 2010 [arising out of SLP(C) No. 22139 of 2008]

KERALA ELECTRICAL & ALLIED ENGINEERING ..... APPELLANTS

VERSUS

GEN. SEC. KER. EMPLOYEES ASSN. (AITUC)  & ORS.

..... RESPONDENTS

O R D E R

1. Leave  granted.  Appeal admitted.

2. Heard the learned counsel for the parties.

3. The two workmen through the respondent-Union had  

claimed benefit under the Kerala Casual Temporary and  

Badli Workers (Wages) Act, 1989.  Though in the claim  

petition,  it  was  stated  that  they  were  regular  

employees, the competent authority and the appellate  

authority  constituted  under  the  Act  came  to  the  

conclusion that they were only casual labourers and  

were entitled to the benefit conferred by Section 3 of  

the said Act. That decision has been upheld by the  

learned  Single  Judge  and  in  appeal  by  the  Division  

Bench of the High Court of Kerala at Ernakulam.   

4. The  only  contention  which  was  raised  by  the  

learned  counsel  for  the  appellant  was  that  the  two

workmen were permanent employees and therefore, Section  

3  of  the  said  Act  was  not  applicable  at  all.   As  

observed earlier, the competent authority as well as  

the appellate authority constituted under the Act have  

on appreciation of evidence held that the two workmen  

were causal labourers and, therefore, were entitled to  

benefit under Section 3 of the Act.  This finding is a  

finding of fact.  The Court does not find any merit in  

the appeal and therefore it must fail.  Accordingly,  

the appeal is dismissed. There shall be no order as to  

costs.  

    ..................J      [J.M. PANCHAL

    ..................J      [DR. B.S. CHAUHAN]

NEW DELHI      APRIL 01, 2010.