IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 27th day of May 2022 / 6th Jyaishta, 1944
WA NO. 539 OF 2022
AGAINST JUDGMENT DATED 23-3-2022 IN WP(C) 9884/2022 OF THIS COURT
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APPELLANT/PETITIONER:
KERALA STATE ROAD TRANSPORT CORPORATION WORKERS FEDERATION,REG.
NO.283/71, NANTHANCODE, THIRUVANANTHAPURAM DISTRICT-695003,
REPRESENTED BY ITS PRESIDENT, S.SEETHILAL, AGED 58 YEARS, S/O.
SUKUMARAN, RESIDING AT KANDATHIL HOUSE, KAROOR, AMBALAPUZHA P.O.,
ALAPPUZHA DISTRICT-688561.
BY ADVS.M/S. LIJU.V.STEPHEN & INDU SUSAN JACOB
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS CHAIRMAN
AND MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM-695023.
4. THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT
CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695023.
5. KERALA STATE ROAD TRANSPORT CORPORATION- SWIFT, KSRTC BUS TERMINAL,
ANAYARA, THIRUVANANTHAPURAM-695029, REPRESENTED BY CHAIRMAN AND
MANAGING DIRECTOR.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to permit the retrenched workmen to be engaged in the 5th Respondent
establishment , pending disposal of this Writ Appeal, in the interest of
justice.
This Writ Appeal coming on for orders along with connected case on
27/05/2022 upon perusing the appeal memorandum, the court on the same day
passed the following:
P.T.O.
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
============================================
W.A. No. 539 of 2022
(arising out of the impugned judgment dated 23.2.2022 in
WP(C).No.9884/2022)
&
I.A. No. 1 of 2022 in W.A. No. 563 of 2022
(arising out of the impugned interim order dated 9.2.2022 in
WP(C).No.5901/2021)
============================================
Dated this the 27th day of May, 2022
ORDER
Inspite of the assurance given to this Court earlier, the respondent KSRTC has not filed their statement/affidavit in the matter. Even the 5th respondent KSRTC-SWIFT has also not filed their pleadings in this case.
2. Last opportunity is given to the respondent KSRTC and the 5th respondent KSRTC-SWIFT to file their pleadings by way of statements/affidavits in the matter, and may also produce copies of G.O.(MS) No.7/2021/TRANS dated 19.2.2021 and G.O.(MS) No.58/2021/TRANS dated 11.12.2021 (referred to in paras 1 & 2 of the impugned order dated 9.2.2022 rendered by the learned Single Judge in WP(C).No.5901/2021, which has led to W.A.No.563/2022) as well as any other Government Orders said to have been issued subsequently which have bearing in the present matter.
3. The Registry will ensure that the triplicate/duplicate W.A. No. 539/2022 & I.A. No. 1/2022 in W.A. No. 563/2022 ..2..
copy of the memorandum of WP(C).No.5901/2021 (which has led to W.A.No.563/2022) as well as the triplicate/duplicate copy of the memorandum of the Contempt case if any, which has arisen out of the said WP(C).No.5901/2021.
4. The Registry will also place on record a copy of the judgment of the Division Bench of this Court in Antony Stejo J. & Ors. v. State of Kerala & Ors. [2019 (1) KHC 613 (DB)].
List these cases in the Admission List on 10.6.2022. Hand over.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
SHOBA ANNAMMA EAPEN, JUDGE MMG 27-05-2022 /True Copy/ Assistant Registrar