Kerala High Court
Bharat Heavy Electricals Limited ... vs Sanjeev M on 22 July, 2021
WA No.821/2021 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
Thursday, the 22nd day of July 2021 / 31st Ashadha, 1943
WA NO. 821 OF 2021
AGAINST ORDER DATED 17.03.2021 IN WP(C) 890/2021 OF THIS COURT.
---
APPELLANT/3RD RESPONDENT:
BHARAT HEAVY ELECTRICAL LIMITED (BHEL),
REPRESENTED BY ITS MANAGING DIRECTOR, BHEL HOUSE,
SIRI FORT, NEW DELHI.
BY ADVS. DR.THUSHARA JAMES & M.S.AMAL DHARSAN
RESPONDENTS/PETITIONERS & RESPONDENTS 1-2 & 4:
1.SANJEEV M., AGED 38 YEARS, S/O. CHANDRASEKHARAN K,
BHEL, ASSISTANT MANAGER, KUNTHIPPADAM HOUSE,
KUMARAMPUTHUR P.O, MANNARKKAD, PALAKKAD-678 583.
2.SIJIL K.K., AGED 33 YEARS, S/O. K.K. RAVINDRAN, BHEL,
ASSISTANT MANAGER, SURABHI, EMS NAGAR,
MATTANNUR P.O, KANNUR-670 702.
3.RAMACHANDRAN P., AGED 54 YEARS, S/O.C.M. KUNHIRAMAN, BHEL,
MANAGER, SAKETHAM, KUZHINHUDI, CHERUVATHUR P.O,
KASARGOD-671 312.
4.THANKACHAN P.A., AGED 57 YEARS, S/O. ANTONY M.V (LATE),
BHEL, ASSISTANT ENGINEER, THAYANA DALE HOUSE, NO. 14/406,
RAMDAS NAGAR P.O, KASARGOD-671 124.
P.T.O.
WA No.821/2021 2/6
5.REJI P.R., AGED 46 YEARS, S/O. P.N. RAVINDRAN (LATE),
BHEL ASSISTANT OFFICER, PLOT 13, DOOR NO. 416/D, GOKULAM,
SAYOOJYAM HOUSING ENCLAVES/COLONY, OPP. KV 2 SCHOOL,
UDHAYAGIRI, VIDHYANAGAR P.O, KASARGOD-671 122.
6.MOHANAN M.N., AGED 52 YEARS, S/O. NARAYANAN M.S, (LATE),
BHEL, ASSISTANT ENGINEER, MANAPARAMBIL HOUSE, ALANGAD P.O,
KOTTAPPURAM, ERNAKULAM-683 511.
7.SUBAIR MCC, AGED 54 YEARS, S/O. K.P. BEERAN KOYA, BHEL,
ASSISTANT MANAGER, 6/241B, ANUGRAHAM HOUSE, CHOWKI-KEL ROAD,
KUNNIL, KUDLU P.O, KASARGOD-671 124.
8.NISHA K., AGED 52 YEARS, W/O. A.V. SURESH, BHEL,
SENIOR MANAGER, 9/270B, ANAAMAYAM GUDDE TEMPLE ROAD,
ADAKATH BAIL, KUDLU P.O, KASARGOD-671 124.
9.SANTHOSH V.S., AGED 53 YEARS, S/O. N. SUKUMARAN, BHEL,
MANAGER, 604, REVERINE RESIDENCY, OPP. MUNCIPAL TOWN HALL,
KASARGOD 671 121.
10.BIJUMON V., AGED 46 YEARS, S/O. VIJAYAN P.M, BHEL,
ASSISTANT ENGINEER, HOUSE NO. 197/A, SHYAMA MADHAVAM, ARJAL ROAD,
MOGRAL PUTHUR P.O, KASARGOD-671 124.
11.JOSEY KURIAKOSE, AGED 56 YEARS, S/O. T.K. KURIAKOSE (LATE),
BHEL, SENIOR MANAGER, THEVARPUZHA, 152/A, VIVEKANANDA NAGAR,
RAMDAS NAGAR P.O, KASARGOD-671 124
12.RAJESH A.N., AGED 54 YEARS, S/O. R. NEELAKANTA PILLAI, BHEL,
SENIOR MANAGER, INDEEVARAM, KMC 33/138, IMA CROSS ROAD,
BEERANTHABAIL, KASARGOD-671 121.
P.T.O.
WA No.821/2021 3/6
13.SRUTHI K., AGED 40 YEARS, W/O. PRAJITH P.K, BHEL,
ASSISTANT MANAGER, SRUTHI NILAYAM, THEKKEKARA, UDMA P.O,
KASARGOD-671 319.
14.ABDULLA K.P, AGED 56 YEARS, S/O. MAMMOOTTY HAJI (LATE),
BHEL, MANAGER, SHANASHABNAM, NR. MADRASSA,
THALIPARAMBA, KANNUR-670 141
15.PRADEEP S., AGED 54 YEARS, S/O. SREENIVASA PANICKER (LATE),
BHEL, MANAGER, SOUDHA, KAMUKINCODE, KODANGAVILA P.O, NEYYATTINKARA,
(VILLAGE, ATHIYANNOOR), THIRUVANANTHAPURAM-695 123
16.ISMAYIL K., AGED 35 YEARS,S/O. KHADAR K, BHEL, ASSISTANT MANAGER,
KUNNOTH HOUSE, ERAMALA P.O, ORKKATTERI VIA, KOZHIKODE 673 501.
17.ABDUL SAMAD S, AGED 54 YEARS,S/O. P.K. SAIDU MOHAMMED, BHEL,
ASSISTANT OFFICER, SAFANA MANZIL, PERINAD P.O, PANAMOOD,
NEERAVIL, KOLLAM-691 601.
18.UNION OF INDIA,REPRESENTED BY ITS SECRETARY,
MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES,
UDYOG BHAVAN, NEW DELHI-110 011.
19.STATE OF KERALA INDUSTRIES (J) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS PRINCIPAL SECRETARY.
P.T.O.
WA No.821/2021 4/6
20.BHEL ELECTRICAL MACHINERY LIMITED (BHELEML), BEDRADKA,
KASARAGODE-671 124, REPRESENTED BY ITS MANAGING DIRECTOR.
BY GOVERNMENT PLEADER FOR R19
SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL FOR R20.
SRI.P.VIJAYAKUMAR,ASSISTANT SOLICITOR GENERAL FOR R18
Prayer for interim relief in Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of order of the learned single judge dated
17/03/2021 in W.P.(C) 890 of 2021 pending disposal of the above Writ
Appeal.
This Writ Appeal again coming on for orders on 22.07.2021 upon
perusing the appeal memorandum and this Court's order dated 02.07.2021,
the court passed the following:
P.T.O.
EXT.P3: TRUE COPY OF THE JUDGMENT DATED 13.10.2020
IN WP(C) NO.12699/2020.
WA No.821/2021 5/6
ALEXANDER THOMAS & K.BABU, JJ.
=============================
W.A No.821 of 2021
[arising out of the order dated 17.03.2021
in W.P(C) No.890/2021]
=============================
Dated this the 22nd day of July, 2021
ORDER
Sri.M.Gopikrishnan Nambiar, learned Standing Counsel for the
BHEL Electrical Machinery Limited (BHEL EML) seeks short time to file
statement or affidavit on behalf of R20. Time granted.
2. On being queried as to the reasons for the inordinate delay in
complying with the directions of this Court rendered in Ext.P-3 judgment
dated 13.10.2020 in W.P(C) No.12699/2020, Sri.P.Vijayakumar, learned
Assistant Solicitor General of India seeks time to get instruction and
submits that this Court may also ascertain whether the respondent-State
Government authorities have already conveyed their considered views in
the matter to the respondent-Union Government.
3. The learned Senior Government Pleader will immediately get
instructions from the competent authority of the State Government
including the Chief Secretary and the Principal Secretary in the
Industries Department, as to whether the State Government authorities
have fully conveyed their views in the matter, for the decision to be
WA No.821/2021 6/6
W.A No.821 of 2021
taken by the Union Government as directed in Ext.P-3 judgment dated
13.10.2020 in W.P(C) No.12699/2020, etc.
List the case on 04/08/2021.
Hand Over
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
K.BABU, JUDGE
vgd
22-07-2021 /True Copy/ Assistant Registrar
