Shiv Mohan vs Cochin International Airport ...
2021 Latest Caselaw 6704 Ker

WA 552/2020                            1/2



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  Present:
               THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                    &
                     THE HONOURABLE MR.JUSTICE K. BABU
              Thursday,the 25th day of February 2021/6th Phalguna, 1942
                                  WA No.552/2020
      Against Judgment dated 23-01-2020 in WP(C) No.1139/2020 of this Court.
                                       ---
     For information purpose only
APPELLANT/PETITIONER:
              SHIV MOHAN,,S/O.SIVARAMAN NAIR,
              VETTATHU SREEANJANEYAM, POOKAITHA NAGAR,
              MEKKAD P.O., NEDUMBASSERY, ERNAKULAM.

      BY ADVS. M/S.C.B.SREEKUMAR & SUNISH K.


RESPONDENTS/RESPONDENTS:
1.     COCHIN INTERNATIONAL AIRPORT LIMITED(CIAL),
      NEDUMBASSERY, ERNAKULAM - 683 111,
      REPRESENTED BY ITS MANAGING DIRECTOR.
2.     THE MANAGING DIRECTOR,
      COCHIN INTERNATIONAL AIRPORT LIMITED (CIAL),
      NEDUMBASSERY, ERNAKULAM - 683 111.
3.     SUB COMMITTEE/APPELLATE AUTHORITY,
      COCHIN INTERNATIONAL AIRPORT LIMITED (CIAL), NEDUMBASSERY,
      ERNAKULAM - 683 111 REPRESENTED BY ITS CHAIRMAN.
          BY ADV.
                  SRI.BENNY.P.THOMAS FOR R1,R2 & R3 (B/O)
                  SRI.D.PREM KAMATH FOR R1 & R2.

      Prayer for interim relief in the Writ Appeal stating that in the circumstances
stated in the appeal memorandum the High Court be pleased to stay the operation
and implementation of the judgment in W.P.(C) No.1139/2020 dated 23-1-2020 and
direct the 2nd respondent to reinstate the appellant as Manager (operations) of the
1st respondent pending disposal of the Writ Appeal.

   This Writ Appeal coming on for orders on 25.02.2021 upon perusing the appeal
memorandum, the court on the same day passed the following:-
 WA 552/2020                                  2/2


                    ALEXANDER THOMAS & K. BABU, JJ.
                        ----------------------------------------------------
                                  W.A. No.552 of 2020
                    [arising out of judgment dated 23.01.2020
                             in W.P.(C) No.1139 of 2020]
                           ----------------------------------------------
                     Dated this the 25th day of February, 2021

                                    ORDER

For information purpose only Both sides will address this Court as to whether the respondent CIAL would come within the broad scope and ambit of "any person or authority", within the meaning of Article 226(1) of the Constitution of India even if it is held that the respondent CIAL may not satisfy the requirements of "other authority" within the meaning of Article 12 of the Constitution of India, as also address this Court as to the applicability or otherwise of the dictum laid down by the Apex Court in decisions as in Board of Control for Cricket in India (BCCI) v. Cricket Association of Bihar [(2015) 3 SCC 251], Board of Control for Cricket v. Cricket Association of Bihar [(2016) 8 SCC 535], Pradeep Kumar Biswas v. Indian Institute of Chemical Biology [(2002) 5 SCC 111], to the facts and circumstances of this case. So also,in particular, both sides will address this Court as to the applicability of the dictum laid down by the Apex Court in the decision is K.K.Saksena v. International Commission on Irrigation and Drainage & others [201 (4) CC 670] to the facts and circumstances of this case more particularly as to whether the exemption shall not be in the above said decision regarding enforcement of personal contracts, as held in para 52 thereof will apply in the instant case as it is essentially in relation to a service matter.

List the matter on 04.03.2021.

H/o copies of this order to both sides.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

K. BABU, JUDGE Skk

/true copy/

ASSISTANT REGISTRAR