Kerala High Court
Thiruvananthapuram Taluk ... vs State Of Kerala on 21 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943
WP(C) NO. 35173 OF 2016
PETITIONER:
KERALA STATE SERICULTURE CO-OPERATIVE APEX
SOCIETY LTD.NO.K.V.IND-2, (SERIFED),
TC NO.16/1709(2), ULLOOR LANE, DPI JUNCTION,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS
CHAIRMAN VICTOR T.THOMAS.
BY ADVS.
SRI.P.RAVINDRAN (SR.)
SRI.LIJU.V.STEPHEN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
INDUSTRIES (K) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE SECRETARY
DEPARTMENT OF INDUSTRIES,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE COMMISSIONER FOR RURAL DEVELOPMENT
DIRECTORATE OF SERICULTURE,
GOVERNMENT OF KERALA, SWARAJ BHAVAN,
NANTHENCODE, KOWDIAR POST,
THIRUVANANTHAPURAM-695 003.
4 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF TEXTILES, UDYOGBHAVAN,
WEST BLOCK 7, R.K.PURAM, NEW DELHI-110 066.
W.P.(C) No.35173/2016 & Connected cases
:2:
BY ADVS.
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.M.L.SURESH KUMAR, CGC
SRI.P.G.PRAMOD, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.01.2022, ALONG WITH WP(C).15961/2020,
8550/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.35173/2016 & Connected cases
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943
WP(C) NO. 35303 OF 2016
AGAINST THE ORDER/JUDGMENT IN ID 58/1999 OF INDUSTRIAL
TRIBUNAL, ALAPPUZHA
PETITIONERS:
1 MINIMOL NS
AGED 45 YEARS, D/O. KARTHIKEYAN,
RESIDNG AT MANNAMNIKARTHIL, PATTANAKKAD, P.O,
ALAPPUZHA DISTRICT PIN-688531.
2 SHEELA AL
AGED 51 YEARS
W/O. MOHANAN, POLLEVELI, CMC 34,
CHERTHALA P.O. ,ALAPUZHA -688 524.
3 KANCHANA AS
AGED 49 YEARS
W/O. GIRISH, ANJILI PARAMBIL,
ANDHAKARANAZHI P.O.,
ALAPPUZHA DISTRICT. PIN- 688 531.
4 AMBIKADEVI K.T.
AGED 54 YEARS
W/O. SALIM, KARUNA HOUSE, MUHAMMA P.O.,
CHERTHALA, ALAPUZHA DISTRICT-688 525.
5 GEETHA T V
AGED 52 YEARS
W/O. UDAYAN, THANDASSERIL, ANDHAKARANAZHI P.O.,
ALAPPUZHA DISTRICT-588 531.
6 NISSABEEVI PH
AGED 49 YEARS
W/O. A.N NAWAS, BEEMA MANZIL, PATTANAKKAD P.O.,
ALAPPUZHA DISTRICT-688 531.
7 PRASOBHA T P
AGED 49 YEARS
W/O. LAL, PUTHUPALLI, CMC 1, CHERTHALA P.O.,
ALAPUZHA DISTRICT-688 524.
W.P.(C) No.35173/2016 & Connected cases
:4:
8 MANGALADEVI K
AGED 46 YEARS
W/O. SHIBU, CHIRAYIL, KOKOTHAMANGALAM P.O.,
ALAPUZHA DISTRICT. PIN- 688 543.
9 AISHA B
AGED 54 YEARS
W/O. SHANMUGHAN, KANDANADUVELI, VAYALAR P.O.,
ALAPUZHA DISTRICT. PIN-688 531.
BY ADVS.
SRI.C.V.MANUVILSAN
SRI.T.K.SUJITH
SMT.K.VIDYA
SRI.M.V.VIPINDAS
RESPONDENTS:
1 KERALA STATE SERICULTURE CO-OPERATIVE
FEDERATION LTD (SERIFED)
OFFICE AT PANCHAPURA, NANDAVANAM,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANGING DIRECTOR.
PIN- 695 033.
2 THE KERALA KHADI & VILLAGE INDUSTRIES BOARD
REPRESENTED BY ITS SECRETARY,
THIRUVANANTHAPURAM-695 001
3 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA,
SECREARIAT, THIRUVANANTHAPURAM-01.
4 THE DISTRICT LABOUR OFFICER
CIVIL STATION, ALAPPUZHA-688001
BY ADVS.
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.N.RAJAGOPALAN NAIR
SRI.P.G.PRAMOD, GOVERNMENT PLEADER
SRI.T.V.GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.01.2022, ALONG WITH WP(C).35173/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.35173/2016 & Connected cases
:5:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943
WP(C) NO. 40553 OF 2016
PETITIONER:
THIRUVANANTHAPURAM TALUK SERICULTURE
CO-PERATIVE SOCIETY LTD.NO.KV.IND(T)
309, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY.
BY ADV SRI.D.SOMASUNDARAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRIES,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3 FINANCE SECRETARY TO GOVERNMENT OF KERALA
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
4 KERALA STTE SERICULTURE CO-OPERATIVE APEX
SOCIETY LTD.NO.KVIND 2 (SERIFED)
T.C 16/1709(2), ULLOOR LANE,DPI JUNCTION,
THIRUVANANTHAPURAM - 695 004,
REPRESENTED BY THE MANAGING DIRECTOR.
BY ADVS.
SRI.P.G.PRAMOD, GOVERNMENT PLEADER
SRI.T.V.GEORGE, SC, SERIFED
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.01.2022, ALONG WITH WP(C).35173/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.35173/2016 & Connected cases
:6:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943
WP(C) NO. 40618 OF 2016
PETITIONER:
NEYYATTINKARA TALUK SERICULTURE CO-OPERATIVE
SOCIETY LTD.
NO K.V. IND (T) 314, BP III/820,
KATTAKADA ROAD, BALARAMAPURAM P.O,
THIRUVANANTHAPURAM 695 509,
REPRESENTED BY ITS PRESIDENT.
BY ADVS.
SRI.C.V.MANUVILSAN
SMT.K.VIDYA
SRI.P.CHANDRASEKHAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM - 01
2 DEPARTMENT OF INDUSTRIES
REPRESENTED BY ITS SECRETARY,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM 01.
3 PRINCIPAL SECRETARY TO FINANCE
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM 01.
4 THE KERALA STATE SERICULTURE CO-OPERATIVE APEX
SOCIETY LTD NO K.G. IND 2
(SERIFED), T.C NO 16/1709 (2), ULLOOR LANE,
DPI JUNCTION, THIRUVANANTHAPURAM 14,
REPRESENTED BY ITS MANAGING DIRECTOR.
W.P.(C) No.35173/2016 & Connected cases
:7:
5 CENTRAL SILK BOARD
MINISTRY OF TEXTILES, GOVERNMENT OF INDIA,
100 FT RING ROAD, BTM LAYOUT, MADIWALA,
BANGALORE 68, KARNATAKA REPRESENTED BY ITS
MEMBER SECRETARY.
6 UNION OF INDIA.
MINISTRY OF TEXTILES, GOVERNMENT OF INDIA,
542A, UDYOG BHAWAN, NEW DELHI 110 011,
REPRESENTED BY ITS SECRETARY.
7 THE COMMISSIONER FOR RURAL DEVELOPMENT
COMMISSIONERATE OF RURAL DEVELOPMENT,
4TH FLOOR SWARAJ BHAVAN, NANTHANCODU, KOWDIAR,
THIRUVANANTHAPURAM 03.
BY ADVS.
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.T.V.GEORGE, SC, SERIFED
SRI.P.G.PRAMOD, GOVERNMENT PLEADER
SRI.SHRI HARI RAO, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.01.2022, ALONG WITH WP(C).35173/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.35173/2016 & Connected cases
:8:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943
WP(C) NO. 8550 OF 2017
PETITIONER:
FEDERATION OF KERALA SERI CULTURE CO-OEPRATIVE
SOCIETIES (HEREINAFTER CALLED AS 'SERICOS')
FLAT NO.4D, HEERA HERITAGE,JAGATHY, TRIVANDRUM
PIN-695004,REPRESENTED BY ITS JOINT
SECRETARY,RAJESH.V.R. AGED 39 YEARS, S/O. LATE
RAJAPPAN NAIR,RESIDING AT VANCHIMALAYIL HOUSE,
KUTTOOR PO., TIRUVALLA, PIN-689106
BY ADVS.
SRI.T.V.GEORGE
SRI.JIMMY GEORGE THADATHIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT ,TRIVANDRUM PIN-695001
2 PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRIES,
GOVERNMENT SECRETARIAT, TRIVANDRUM PIN-695001
3 PRINCIPAL SECRETARY TO FIANCE DEPARTMENT
GOVERNMENT SECRETARIAT, TRIVANDRUM PIN-695001
BY ADVS.
SRI.P.G.PRAMOD, GOVERNMENT PLEADER
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.01.2022, ALONG WITH WP(C).35173/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.35173/2016 & Connected cases
:9:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943
WP(C) NO. 15961 OF 2020
PETITIONER:
KERALA STATE SERICULTURE CO-OPERATIVE
FEDERATION LTD.
NO.K.V.IND-2(SERIFED), T.C. NO.16/1709(2),
ULLOOR LANE, DPI JUNCTION,
THIRUVANANTHAPURAM-695014,
REPRESENTED BY ITS CHAIRMAN VICTOR T. THOMAS.
BY ADVS.
LIJU.V.STEPHEN
SMT.INDU SUSAN JACOB
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE SECRETARY
DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
3 THE COMMISSIONER FOR RURAL DEVELOPMENT,
DIRECTORATE OF SERICULTURE,
GOVERNMENT OF KERALA, SWARAJ BHAVAN,
NANTHANCODE, KOWDIAR POST,
THIRUVANANTHAPURAM-695003.
4 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF TEXTILES, UDYOGBHAVAN,
WEST BLOCK 7, R.K. PURAM, NEW DELHI- 110066.
W.P.(C) No.35173/2016 & Connected cases
: 10 :
5 CENTRAL SILK BOARD,
REPRESENTED BY ITS MEMBER SECRETARY AND CHIEF
EXECUTIVE OFFICER, MINISTRY OF TEXTILES,
GOVERNMENT OF INDIA, 100FT. RING ROAD,
B.T.M. LAYOUT, MADIWALA, BANGALORE - 560068
BY ADVS.
SMT.O.M.SHALINA, CGC
SRI.P.G.PRAMOD, GOVERNMENT PLEADER
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.01.2022, ALONG WITH WP(C).35173/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.35173/2016 & Connected cases
: 11 :
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.35173, 35303, 40553 and
40618 of 2016, 8550 of 2017 and 15961 of 2020
`````````````````````````````````````````````````````````````
Dated this the 21st day of January, 2022
JUDGMENT
~~~~~~~~~
All these writ petitions relate to the proposals for
liquidation and revival of the Kerala State Sericulture
Co-operative Apex Society Limited (SERIFED). The writ
petitions have been filed based on same set of facts and
raise same issues of law. They are hence heard together
and disposed of by a common judgment.
2. W.P.(C) No.35173/2016 is filed by the SERIFED
seeking to command the 1st respondent to do the necessary
for strengthening of sericulture in the State of Kerala
pursuant to the undertaking given before this Court in W.P.
W.P.(C) No.35173/2016 & Connected cases
(C) No.31446/2010. The petitioners seek to quash Ext.P14
order dated 07.01.2017 of the Government of Kerala wherein
the Government has taken a decision not to proceed further
with the proposal for reviving SERIFED based on certain
facts. The SERIFED subsequently filed W.P.(C)
No.15961/2020 seeking to set aside Ext.P4 Government
order dated 08.05.2020 by which the Government decided to
seek review of the interim orders of this Court dated
03.12.2019 and 20.12.2019.
3. The Federation of Kerala Sericulture Co-operative
Societies, Trivandrum has filed W.P.(C) No.8550/2017
seeking to quash Ext.P8 order dated 07.01.2017 of the
Government of Kerala and to command the respondents to
implement the directions contained in Ext.P4 judgment in
W.P.(C) No.31446/2010 and Ext.P6 Government Order
dated 05.08.2015.
4. The Thiruvananthapuram Taluk Sericulture
Co-operative Society Limited and the Neyyattinkara Taluk
Sericulture Co-operative Society Limited, have filed W.P.(C)
W.P.(C) No.35173/2016 & Connected cases
No.40553/2016 and W.P.(C) No.40618/2016 respectively.
The petitioners in these writ petitions seek to direct the
respondents to implement Ext.P1 Scheme for the restructure
of sericulture industry in Kerala prepared by The Textile and
Traditional Industries Protection Council (TIPCO),
Thiruvananthapuram.
5. Nine employees of the SERIFED have filed W.P.
(C) No.35303/2016 praying to declare that they are entitled
for permanency in the lowest grade available in the
management establishment with effect from 01.12.2002 with
protection to existing emoluments they are getting in average
in view of Ext.P1 Award dated 23.11.2002 in I.D. No.58/99 of
the Industrial Tribunal, Alappuzha. The parties and exhibits
are referred to in this judgment as they are arrayed/marked
in W.P.(C) No.35173/2016, unless otherwise specified.
6. The petitioner in W.P.(C) No.35173/2016, the
Kerala Sericulture Co-operative Apex Society Limited
(SERIFED), states that the petitioner is the Apex Society to
which Taluk Level Sericulture Co-operative Societies are
W.P.(C) No.35173/2016 & Connected cases
affiliated. The Government of Kerala decided to encourage
and develop sericulture in the State of Kerala and the
petitioner-Apex Society was formed to achieve the said
purpose. The petitioner-SERIFED was registered in
accordance with the provisions of the Kerala Co-operative
Societies Act and was brought into existence in the year
1994.
7. The SERIFED did not perform well and the
Government took a decision on 15.03.2010 to liquidate
SERIFED and to deploy its staff to the Departments of Local
Self Government, Rural Development and Kerala Khadi and
Village Industries Board. The Government decision was to
result in loss of employment to substantial number of
persons engaged in sericulture. The Taluk level societies
submitted representations to the Government requesting that
the status quo of SERIFED as a Co-operative
Apex/Federation be retained and the orders of liquidation of
the federation be withdrawn. They also requested the
Government to consider the new Scheme submitted for the
W.P.(C) No.35173/2016 & Connected cases
restructure of the sericulture industry in the State, jointly by
the Department of Sericulture and SERIFED.
8. The order of appointment of liquidator to the Taluk
level societies was challenged filing W.P.(C) No.31446/2010.
The Government filed a counter affidavit in the writ petition
expressing its decision to revive the SERIFED and invigorate
its activities, making available necessary funds. Recording
the said undertaking, the writ petition was disposed of as per
Ext.P5 judgment dated 20.03.2015 directing the Government
to take necessary action within a period of six months.
9. Taking note of the representations from various
quarters, a meeting was convened by the Minister for
Industries, in which representatives of Central Silk Board,
Kerala Khadi and Village Industries Board, Department of
Rural Development and Presidents of Taluk level Societies
participated. In the said meeting held on 28.01.2015, it was
decided that the Sericulture especially, the post-cocoon
activities should be revived and steps in this regard should
be taken earnestly.
W.P.(C) No.35173/2016 & Connected cases
10. The Government of Kerala required the Central
Silk Board to submit a feasibility report with regard to the
revival of post-cocoon sector through SERIFED. The Central
Silk Board conducted a detailed study and submitted Ext.P6
Feasibility Report dated 30.03.2015. The Government
thereupon issued Ext.P7 order dated 05.08.2015 undertaking
to provide financial support and steps for releasing funds
from the Central Government as agreed to. By Ext.P8 order
dated 08.09.2015, the Government required appointment of
an Administrative Committee for the functioning of the
SERIFED. By Ext.P9 order dated 26.03.2016, the Secretary,
Kerala Khadi and Village Industries Board was required to
act as Managing Director of SERIFED.
11. According to the petitioner, the Government of
India has promised to release 80% of the financial
requirement. The contribution of the State Government for
the revival of sericulture as per the proposal of the Central
Silk Board is to be less than 20%. The central fund would be
released after the State Government disburses its share. The
W.P.(C) No.35173/2016 & Connected cases
Chairman of the SERIFED therefore submitted Ext.P10
representation dated 20.04.2016 requesting the State
Government to make provision in the budget as additional
authorisation. The Ministry of Textiles of the Government of
India as per Ext.P13 order dated 08.09.2016, sanctioned
various amounts for the post-cocoon sector. Utilisation of the
Central Fund is possible only if the State Government
releases State share. To the shock and predicament of the
petitioner-SERIFED, the Government issued Ext.P14 order
dated 07.01.2017 intimating that the Government has taken
a decision not to give effect to Ext.P7 decision dated
05.08.2015 proposing revival of SERIFED. Ext.P14 order is
under challenge in W.P.(C) No.35173/2016.
12. During the pendency of the writ petitions,
Government of Kerala issued G.O. dated 08.05.2020 (Ext.P4
in W.P.(C) No.15961/2020) whereunder the Government has
decided to seek review of the interim orders dated
03.12.2019 and 20.12.2019 of this Court. The said interim
orders were passed directing the Government to convey its
W.P.(C) No.35173/2016 & Connected cases
willingness by affirming the availability of the State's
matching fund. The SERIFED thereupon filed W.P.(C)
No.15961/2020 challenging the said G.O. dated 08.05.2020.
13. The petitioners argued that as per the bye-laws of
the SERIFED, the first Board of Management of SERIFED
shall be composed of the persons nominated by the
Government and its tenure in the office shall not exceed six
months. The nominated committee therefore should have
conducted election within six months. The nominated
committee did not take any steps to register or affiliate Taluk
level sericulture co-operative societies. The omission was
deliberate as registration and affiliation of Taluk level
societies would have forced the nominated committee to
convene General Body meeting and conduct election.
14. During the period of the nominated Board, there
were 17 Taluk level Sericulture Co-operative Societies
registered under the Kerala Co-operative Societies Act.
However, the nominated Board gave affiliation only to 5 of
the 17 Societies. The nominated Board did not take any
W.P.(C) No.35173/2016 & Connected cases
steps to increase the number of members/ affiliated
Societies. This was with the ulterior motive of avoiding
formation of an elected Board of Management. Due to the
non-affiliation of Societies, the nominated Board could
continue in power indefinitely. The nominated Board did not
convene general body meetings for several years. At the
same time, Government funds were diverted and misused.
No annual budget or balance sheet was presented before
the general body.
15. The petitioners further argued that there were only
5 Taluk level Societies affiliated to the SERIFED. But, the
nominated Board of Management of SERIFED recruited
about 300 employees, opening District Level Sericulture
offices purportedly to oversee the five affiliated Societies.
The appointments were in violation of Section 80 of the
Kerala Co-operative Societies Act. The SERIFED did not
require more than 25 employees. The plan funds provided by
the Central Government, the Central Silk Board and State
Government intended to develop sericulture in the State,
W.P.(C) No.35173/2016 & Connected cases
were diverted to pay salary to 300 illegally and unnecessarily
recruited employees. When the SERIFED's financial
situation started to collapse, the Government deputed 271
illegally recruited employees of SERIFED to Government
Services and to the services of Khadi and Village Industries
Board.
16. Such illegal deputation and absorption of the
employees of SERIFED in Government Service, was with a
view to liquidate SERIFED after protecting the employment of
the illegally recruited employees and thus foreclose any
investigation or enquiry into the affairs of the Government
nominated Board of SERIFED. Inspections conducted by the
Department of Finance, Planning Board and AGs Office
unearthed that the reason for the collapse of SERIFED was
the illegal appointments of about 300 persons and spending
of Plan Funds earmarked for development of Sericulture, for
payment of salary.
17. The ostensible reasons for not reviving SERIFED
as stated in Ext.P14 order dated 07.01.2017 are that (i)
W.P.(C) No.35173/2016 & Connected cases
Kerala does not have sufficient acreage under sericulture to
warrant a set up for post processing activities; (ii) currently
there is no functioning sericulture processing co-operative
societies; and (iii) there is no justification for a Federation at
this stage, which will remain as a paper organisation. All
these reasons are unreal. The petitioners pointed out that
Post-cocoon development activities do not require extensive
areas and therefore there is no issue of not having sufficient
acreage. Taluk Level Co-operative Societies are functioning
in spite of Government apathy. The non-justifiability of
sustaining a Federation is a situation brought about by the
Government and its nominated Board of Management.
18. Respondents 1 and 2 (State of Kerala and
Secretary to Industries Department) filed a statement dated
23.12.2017 in the writ petition. Respondents 1 and 2 stated
that in a high level meeting held on 04.06.2014 in presence
of the Minister for Finance and Law, it was decided to revive
post-cocoon activities of sericulture under SERIFED.
Subsequently, the request for releasing funds was
W.P.(C) No.35173/2016 & Connected cases
considered. A meeting was convened in presence of
Minister for Industries and Minister for Finance on
16.05.2017. The meeting decided that the Chief Secretary
shall convene further meeting for analysing and taking a
decision considering all aspects.
19. The said meeting convened by the Chief Secretary
was held on 05.07.2017, in which the petitioner and Deputy
Secretary, Central Silk Board also participated. The meeting
concluded that Kerala did not have sufficient acreage under
mulberry. It will not be commercially viable for purchasing
cocoons from Karnataka to undertake reeling in Kerala.
However, considering the market of silk sarees in Kerala, it is
possible to undertake post reeling activities in Kerala. It was
pointed out that the famous Banaras Silk Sarees are woven
in Banaras even though no cocoons were produced there.
The Central Silk Board's Schemes could be used for giving
training for weaving.
20. The meeting decided to constitute a three-member
Committee comprising representatives of Central Silk Board,
W.P.(C) No.35173/2016 & Connected cases
SERIFED and Director of Handlooms and Textiles. Sri. Victor
T. Thomas representing the SERIFED later took exception to
the decision of the Committee and requested to defer
implementation of the decision till final verdict is passed by
this Court. Respondents 1 and 2 submitted that a total
amount of ₹29,26,01,366/- was paid directly by the
Government of Kerala and another ₹700 lakhs was released
through Restructuring and Internal Audit Board and a further
amount of ₹600 lakhs was given as grant from the
Government in the year 1997-'98.
21. The Secretary of the Kerala Khadi and Village
Industries, after an enquiry, submitted a Report dated
25.02.2017 to the effect that the sericulture Societies are
defunct. The statement alleged that the petitioner has
misutilised huge amounts under the guise of cocoon industry.
The State, after conducting proper enquiry, found that only
post reeling industry by way of weaving alone is feasible in
the State.
W.P.(C) No.35173/2016 & Connected cases
22. In the additional counter affidavit dated
20.09.2021 filed by respondents 1 and 2, the respondents
stated that by G.O. dated 15.03.2010, the Government
accorded sanction to liquidate SERIFED and transfer its staff
to Local Self Government Department, Rural Development
Department and Kerala Khadi and Village Industries Board.
But, in compliance with the commitment made by the
Government in W.P.(C) No.31446/2010, the Government
issued G.O. dated 05.08.2015 sanctioning revival of
SERIFED for post-cocoon sericulture activities. However, a
meeting conducted by the Chief Secretary on 04.06.2016
concluded that Kerala does not have sufficient acreage
under sericulture to set up post processing activities.
Therefore, G.O. dated 07.01.2017 was issued deciding not to
proceed with the revival proposal of SERIFED. It was also
reported that the affiliated Taluk Societies are defunct or
dormant.
23. Respondents 1 and 2 further stated that the
Minister for Industries convened a meeting on 16.05.2017 in
W.P.(C) No.35173/2016 & Connected cases
which the issues regarding revival of SERIFED with financial
support of Central Government were discussed. The meeting
entrusted the Chief Secretary to review the revival package
of SERIFED and to take an appropriate decision. A meeting
was convened by the Chief Secretary on 05.07.2017 and
decided to constitute a three-member committee comprising
representatives of Central Silk Board, SERIFED and the
Director of Handlooms and Textiles to formulate a project
report on feasibility of undertaking silk weaving in Kerala.
The Committee could not be set up since SERIFED did not
nominate a representative to the Committee in spite of
repeated requests by the Government.
24. I have heard the learned counsel for the
petitioners, the learned State Attorney, the learned
Government Pleader, the learned Assistant Solicitor General,
the learned Central Government Counsel, the learned
Standing Counsel for the Khadi and Village Industries Board
(KK & VIB), the learned counsel for Taluk Level Sericulture
Co-operatives and the learned counsel for the workers.
W.P.(C) No.35173/2016 & Connected cases
25. The following facts emerge from the pleadings and
arguments. Kerala is one of the largest consumers of silk in
the country. Production of silk is grossly disproportionate to
the demand. Demand is met by imports, losing huge
amounts of money by way of taxes to other States. In the
circumstances, the SERIFED was registered under the
Kerala Co-operative Societies Act, 1969 as an Apex Society,
in December, 1994.
26. The SERIFED was administered initially by a
Managing Board nominated by the Government. The tenure
of the nominated Board was six months and the Board had to
get the Taluk level Sericulture Co-operatives affiliated to the
SERIFED and conduct election to the Board in a democratic
manner with voting rights to the affiliated member-Societies.
According to the petitioners, there were at least 17 Taluk
Level Co-operative Societies functioning in the State. Only
five Societies were affiliated to the SERIFED. The
nominated Board of SERIFED did not take any step to get all
Taluk Societies affiliated to SERIFED. This is evident from
W.P.(C) No.35173/2016 & Connected cases
Exts.P2 and P3 Audit Reports (in W.P.(C) No.40553/2016).
27. At the same time, huge amounts were released to
the SERIFED by the Central Government/Central Silk Board
and the State Government. The nominated Board instead of
spending these funds for the development of Sericulture in
the State, went on starting Sericulture Offices in all Districts
and appointed about 300 employees under the SERIFED.
The said 300 employees were appointed when there were
only five Taluk Level Societies affiliated to SERIFED. Plan
Funds were diverted to pay salaries to these illegally
appointed employees. These irregularities which were
committed while the nominated Board was running the affairs
of the SERIFED, made SERIFED financially unviable.
28. Instead of making a proper evaluation of the
functioning of SERIFED and of taking remedial measures,
the Government issued Ext.R1(c) G.O. dated 15.03.2010 (in
W.P.(C) No.15961/2020) granting sanction to liquidate
SERIFED, transfer its assets and redeploy the staff of
SERIFED to LSGD, RDD and KK & VIB "as a measure of
W.P.(C) No.35173/2016 & Connected cases
strengthening the sericulture activities in Kerala". A reading
of Ext.R1(c) would show that the prime purpose of issuing
the G.O. was more for absorbing the SERIFED employees
who were illegally recruited in violation of Section 80 of the
Kerala Co-operative Societies Act, 1969, than to strengthen
sericulture operations in Kerala. Such employees were not
only absorbed in Government Departments and KK & VIB,
but they were granted 2004 pay revision benefits and even
their compassionate appointment claims were protected. The
Government even directed to ratify the action of the
Managing Director of the SERIFED in having incurred salary
and administrative expenses from the Plan Fund of the
SERIFED.
29. It is evident that large scale appointments were
made in SERIFED without getting approved staff pattern
under the Kerala Co-operative Societies Act, 1969. Those
appointments were obviously illegal. But, the Government
ordered to depute/absorb all these illegally recruited
employees in Government services and in KK & VIB without
W.P.(C) No.35173/2016 & Connected cases
obtaining prior approval from the Kerala Public Service
Commission. Such illegally appointed employees were given
even pay revision benefits retrospectively. Such illegal
absorptions were made when thousands of educated
unemployed were waiting for direct recruitment to
Government services through PSC. Furthermore, even
benefits of compassionate appointments were protected in
the case of such illegal recruits.
30. By making such illegal recruitment, the nominated
Board of SERIFED has indeed played a fraud on the
Government and general public, especially the educated
unemployed who waited for appointment on merit to public
services. And by allowing absorption of the employees in
Government service, the Government has committed grave
illegality in violation of the law laid down by the Hon'ble Apex
Court in the judgment in State of Karnataka v. Umadevi
[(2006) 4 SCC 1]. The matter indeed requires thorough
investigation and remedial action.
W.P.(C) No.35173/2016 & Connected cases
31. Be that as it may, while sanctioning liquidation of
SERIFED, liquidator was appointed for winding up of Taluk
level co-operative societies also, which action was
challenged by filing W.P.(C) No.31446/2010. This Court
passed interim order on 14.10.2010 staying further
proceedings of liquidation. During the pendency of the said
writ petition, the Textile & Traditional Industries Protection
Council (TIPCO) submitted Ext.P2 Scheme for "the
Restructure of Sericulture Industry in Kerala with New Vision
and Action Plan" on 20.11.2013. A meeting was convened
by the Industries and IT Minister on 28.01.2015 to discuss
the issue of re-starting Post-cocoon activities under
SERIFED.
32. In the meeting, the Joint Development
Commissioner, CRD said that consequent to the liquidation
of SERIFED and transfer of assets to CRD, the Rural
Development Department had taken action to motivate the
Sericulture farmers and as a result, the Cocoon production in
the State had increased to 50,000 Tons. But, there is no
W.P.(C) No.35173/2016 & Connected cases
agency to collect the Cocoons. The Secretary, KK & VIB
suggested to transfer the silk reeling units which are under
the control of Khadi Board to SERIFED after its revival. The
Joint Secretary (Industries Department) informed that as the
liquidation of SERIFED was as part of a Cabinet Decision, a
proposal to revoke the same also needs the approval of the
Council of Ministers. The Hon'ble Minister (Industries & IT)
informed that after the requisite formalities are fulfilled, the
matter shall be placed before the Cabinet for approval. The
Joint Development Commissioner from the CRD informed
that the Secretary, Kerala Khadi & Village Industries Board
as the Registrar of SERIFED has not yet transferred funds
available in the TSB account of SERIFED. Secretary, Kerala
Khadi & Village Industries Board informed that they have
already transferred the fund on the basis of the meeting held
by Principal Secretary (Industries). The CRD informed that
the Utilisation Certificate for the whole amount will be
furnished to CSB after the KK & VIB transfers the entire
amount.
W.P.(C) No.35173/2016 & Connected cases
The meeting deliberated in detail and the following decisions
were taken:
(i) The CRD shall submit the Utilisation
Certificate for the entire outstanding amount of
₹170.59 lakhs within 15 days.
(ii) The Department of Industries,
Government of Kerala shall provide requisite
support for the proposal of reviving the Post
Cocoon Sector of Sericulture Industry through
SERIFED. The Industries Department shall write to
CSB to the effect that the State will take care of the
continuous management of the SERIFED on a
commercially viable and sustainable mode.
(iii) The CRD shall commit to take the
responsibility of the Pre-Cocoon development
through different schemes. It will strengthen the
extension and monitoring mechanism to meet the
targets laid in the DPR. The CRD shall protect the
interest of the farmers and will be responsible for
field level implementation. The revived SERIFED
shall collect the entire cocoon produced within the
State.
(iv) The Industries Department will place
the proposal for revival of SERIFED with Post-
Cocoon activities before the Council of Ministers
after the requisite formalities are fulfilled.
Accordingly, a token provision of ₹1,000/- was included in the
Supplementary Demands for Grant for 2014-'15 and a Head
of Account was provided, as stated by the State of Kerala in
the counter affidavit filed in W.P.(C) No.31446/2010 (Ext.P10
in W.P.(C) No.35303/2016).
W.P.(C) No.35173/2016 & Connected cases
33. In W.P.(C) No.31446/2010, the Government filed
an affidavit dated 13.07.2014 stating that a High level
meeting convened by the Minister for Industries and IT in the
presence of the Minister for Finance on 04.06.2014 decided
that action will be taken to revive the post-cocoon activities of
Sericulture under the SERIFED and funds will be provided by
moving Supplementary Demands for Grant. The affidavit
reiterated that action has been taken to revive the SERIFED
with the main objective of implementation of Post-Cocoon
Sector of Sericulture. In the light of the stand taken by the
State of Kerala, W.P.(C) No.31446/2010 was disposed of on
20.03.2015 as per Ext.P5 judgment quashing the order
appointing liquidator and the respondents were directed to
endeavour to restart the post-cocoon activities as held out in
the counter affidavit within a period of six months.
34. The State of Kerala moved on and sought
Techno-feasibility of Revival of Post-Cocoon Sector through
SERIFED, from the Central Silk Board (CSB). The CSB gave
Ext.P6 Techno-feasibility report on 30.03.2015. The CSB
W.P.(C) No.35173/2016 & Connected cases
recommended as follows:
(i) The CRD, Kerala shall be responsible
for production of quality bivoltine cocoons and for
achieving the targets of pre-cocoon sector under
restructuring through execution of a Tripartite
Agreement (MOU) with Department of Industries,
Govt. of Kerala and 'SERIFED under Revival' for
ensuring the supply of required quality raw material
(cocoons).
(ii) Till the CRD achieves the targets of
cocoon production required for the first phase of
production as per the DPR, the 'SERIFED under
revival' shall arrange for procurement of raw silk
from different sources on its own for its operations.
(iii) The CRD, Kerala shall also furnish the
Component and Beneficiary details (for whom the
funds were released) for the pending amount of
Rs.50.79 lakhs (Rs.1.60 + Rs.15.19 + Rs.34.00
lakhs).
(iv) The Department of Industries, Govt. of
Kerala shall strengthen and revive all the defunct
post-cocoon infrastructure units in the State and
bring them to their optimal use during the 'revival of
post-cocoon sector' and allocate the required
working capital accordingly.
The Government of Kerala considered Ext.P6 Report and
passed Ext.P7 G.O. dated 05.08.2015, the material part of
which reads as follows:
4. Government have requested the Central
Silk Board to nominate an agency for a detailed study
of the revival proposal of the Sericulture Industry with
new vision and action plan. The high level meeting
held by Hon'ble Minister (Industries & IT) on 28/1/15
to discuss the issue with officials of Central Silk Board
(CSB) and Commissioner for Rural Development
W.P.(C) No.35173/2016 & Connected cases
(CRD) decided the following:
I. The Department of Industries,
Government of Kerala shall provide requisite support
for the proposal of reviving the Post-Cocoon Sector of
Sericulture Industry through SERIFED. The Industries
Department shall write to CSB to the effect that the
State will take care of the continuous management of
the SERIFED on a commercially viable and
sustainable mode.
II. The CRD shall commit to take the
responsibility of the Pre-Cocoon development through
different schemes. It will strengthen the extension and
monitoring mechanism to meet the targets laid in the
DPR. The CRD shall protect the interest of the
farmers and will be responsible for field level
implementation. The revived SERIFED shall collect
the entire cocoon produced within the State.
5. Accordingly Government as per the letter
rd
read as 3 paper above, informed the Central Silk
Board that the Department of Industries, Government
of Kerala will provide requisite support for the
proposal of reviving the Post Cocoon Sector of
Sericulture Industry through SERIFED and assured to
take care of the continuous management of SERIFED
on a commercially viable and sustainable
mode.
6. The Central Silk Board as per the letter
read as fourth paper above, recommended the techno
- feasibility for revival of the Post-Cocoon Sector of
the sericulture industry in the State through SERIFED
for the First Phase subject to the fulfilment of the
following terms and conditions.
i. The CRD, Kerala shall be responsible for
production of quality bivoltine cocoons and for
achieving the targets of pre-cocoon sector under
restructuring through execution of a Tripartite
Agreement (MOU) with Department of Industries,
Government of Kerala and SERIFED under Revival
for ensuring the supply of required quality raw
material (Cocoons).
ii. Till CRD achieves the targets of cocoon
production required for the first phase of production
W.P.(C) No.35173/2016 & Connected cases
as per the DPR, the SERIFED under revival shall
arrange for procurement of raw silk from different
sources on its own for its operations.
iii. The Department of Industries,
Government of Kerala shall strengthen and revive all
the defunct post-cocoon infrastructure units in the
State and bring them to their optimal use during the
revival of post-cocoon sector and allocate the
required working capital accordingly.
7. The Hon'ble High Court in its Judgment in
W.P.(C) 31446/2010 read as fifth paper above
quashed proceedings No.K.B.13148/96/10-op dated
nil (appointing liquidators for SERIFED) as the first
respondent, Government of Kerala is taking steps for
starting Post-Cocoon activities under SERIFED. The
Hon'ble High Court also ordered to do the needful
within a period of Six months from the date of
Judgment (20/03/2015).
8. As per the Detailed Project Report
submitted by the members of the Apex society of the
SERIFED, the source of funding for the Post-Cocoon
activities under SERIFED for the 1st phase is given as
follows:
The funding pattern for the first phase
Central Government
YEAR Requirement W&CD, NCDC for Sub-Total State
of amount in CSB, DCH working Govt
Lakhs for creation capital
of
infrastructure
& CSFC
2015-16 1841.91 640.32 619.85 1260.17 581.74
2016-17 2220.88 917.38 906.05 1823.43 397.45
2017-18 3578.61 1380.85 1576.15 2956.99 621.62
2018-19 3688.91 1131.76 1922.63 3054.39 634.52
Total 11330.31 4070.31 5024.69 9094.99 2235.32
9. The total investment for the scheme by all
funding agencies would be ₹11330.31 lakhs. The
State Government share of investment would be
₹2235.32 lakhs, which is 19.73% of the total financial
requirement.
W.P.(C) No.35173/2016 & Connected cases
10. The pre-operative expenses for the
revival of SERIFED is estimated as Rs.2.63 crores.
Financial Support is necessary for establishment of
required common service facilities as no infrastructure
facilities of any kind is presently available anywhere in
the state. A Head of Account 4851-00-107-99 has
been provided in the budget for 2015-16, also as
share capital investment in SERIFED.
11. Government have examined the matter in
detail and are pleased to accord sanction for the
revival and strengthening of SERIFED for taking up
the post cocoon sector of Sericulture industry only
subject to the following objectives, functions and other
factors.
A. Obiectives of SERIFED
● To make the state self-sufficient and self-
depandant in production and marketing of silk cloth
with a view to produce the entire quantity of silk cloth
now sold out by import from other states and China, in
better quality, design choice and lower price by strong
and systematic integration between the sericulture
and handloom industries.
● To block the large scale financial drain taking
place in the state for the last several decades, through
purchase of imported silk cloth by the people.
● To empower both the sericulture industry and
handloom industry, through producing hand-skill
based innovative products to face the emerging
challenges of the market in the globalised
environment.
● To start silk weaving in 10000 handlooms so as
to completely consume the entire quantity of raw-silk
produced.
● To ensure the quality of the products at par with
international standards by developing state-of-the-art-
technology and disseminating the result of research
and development activities to the grass root level.
● To train the workers and staff members for skill
up-gradation in product development, production,
productivity enhancement and marketing of silk fabrics
W.P.(C) No.35173/2016 & Connected cases
and garments so as to sell the products immediately
after production.
● To open Ethnic Silk Boutiques (ESBs) at
prospective location in domestic and export sectors,
conduct product launching exhibitions at regular
intervals so as to introduce the newly evolved
products to the customers and collect feedback
informations.
● To evolve and implement welfare schemes for
the farmers, cocoon producers, reelers, weavers, staff
members, etc.
● To do everything possible for the achievement
of the targets fixed for the plan periods and make the
silk industry in the state unique and acceptable to all,
through product innovation and quality up-gradation.
● To execute any programme assigned by the
Government related to silk industry development.
B. Functions of revived SERIFED
● Procurement of cocoons from the member Co-
operatives and SHGs.
● Reeling and Twisting in accordance with the
fabrics to be produced.
● Pre-loom processing such as de-gumming,
bleaching, dyeing centralised warping etc.
● Supply of good quality silk yarn to the member
societies in the forms of warp and weft, basing the
demand-oriented products of the market.
● Providing financial, technical and all institutional
support to taluk level member societies for the
production of silk cloth using the yarn supplied to them
by SERIFED.
● Providing financial and technical support to
member societies for the creation of all infrastructure
and common service facility centres such as pre and
post loom facilities, skill up-gradation centres, product
development centres, value addition centres,
processing centres, etc. for the production of quality
and marketable silk products targeted for domestic
and export markets.
● Timely payment of wages and all other cost of
inputs involved in the production of the silk products to
W.P.(C) No.35173/2016 & Connected cases
the member societies which are engaged in
production.
● Providing working capital to the member
societies for the production of silk cloth and fabrics.
● Procurement of finished cloth from the taluk
level member co-operative societies produced in
accordance with the directions given by SERIFED.
● Marketing of finished products adopting most
modern techniques.
● Implementation of market development
programmes suited to attract the customers especially
those in the niche market to the newly developed
products and conduct market studies, market analysis
and research thereon.
● Establishment of Product Development Centres
and Intensive Research Centres under member
societies which are engaged in production for the
development of innovative premium and marketable
products by tapping the skill of weavers in the state.
● Implementation of skill up-gradation
programmes in all sectors of production, productivity
enhancement, quality up-gradation, etc.
● Establishment of infrastructure facilities in the
state-of-the-art-technology in reeling, twisting, pre and
post loom activities.
● Establishment of value addition units such as
garment making units, modern packing units, surface
ornamentation centres, etc.
● Establishment of well equipped laboratories and
liabrary.
● Establishment of Post-loom processing facilities
for fabric dyeing printing finishing etc.
● Implementation of a demand - oriented product
development production, procurement and marketing
systems/strategy.
● Open avenues for export markets.
● Mobilisation of funds from the Central & State
Governments and other national and international
development agencies for all the above activities.
W.P.(C) No.35173/2016 & Connected cases
C. Funding Pattern
Central Government
YEAR Requirement W&CD, CSB, NCDC for Sub-Total State
of amount in DCH for working Govt
lakhs creation of capital
infrastructure
& CSFC
2015-16 1841.91 640.32 619.85 1260.17 581.74
2016-17 2220.88 917.38 906.05 1823.43 397.45
2017-18 3578.61 1380.85 1576.15 2956.99 621.62
2018-19 3688.31 1131.76 1922.63 3054.39 634.52
Total 11330.31 4070.31 5024.69 9094.99 2235.32
12. Government will provide requisite support
for the proposal of revival of Post Cocoon Sector of
Sericulture Industry through SERIFED. The State will
take care of the continuous management of SERIFED
on a commercially viable and sustainable mode. The
Scheme suggested in the "The restructure of
sericulture industry with New Vision and Action Plan"
should be implemented in letter and spirit.
13. Pre-cocoon activities shall continue to be
under of the Rural Development Department of the
State Government. The service of staff members
redeployed, will be utilized by them to carry out the
proposed pre-cocoon activities.
14. The Director of Industries & Commerce
and the Commissioner for Rural Development will
take necessary steps for the implementation of the
sericulture revival schemes so as to bring all post-
cocoon activities under the SERIFED and the pre-
cocoon activities under the Commissioner of Rural
Development.
15. All fixed assets such as land and
machinery attached to silk reeling units at
Pattanakkad & Uduma which were handed over to
Kerala Khadi & Village Industries Board and
Sericulture complex at Elamad which was transferred
to District Panchayat, Kollam (Including employees
under daily wages) which were under the possession
W.P.(C) No.35173/2016 & Connected cases
of SERIFED but later transferred have to be returned
to SERIFED, on the basis of Revival Scheme.
16. The Secretary, Kerala Khadi and Village
Industries Board (Registrar) will take necessary steps
to form elected Managing Committee in SERIFED
and its member societies, as per co-operative law, as
early as possible.
17. At Present the Secretary KKVIB, who is
the Registrar of Societies Under Khadi and Village
Industries Co-operative Societies is holding the
charge of Managing Director of SERIFED.
Government can make suitable charge arrangements
for the post of Managing Director on deputation basis
till regular appointment to this post is made by the
Government as per the provisions in the bye-law of
SERIFED.
18. Competent Officers from State / Central
Government agencies will be appointed as Managing
Director on deputation as a stop-gap arrangement till
regular appointment as per staff pattern approved by
Government is made.
19. The mode of regular appointment in the
revived SERIFED will be issued separately.
35. Pursuant to Ext.P7 G.O. dated 05.08.2015, the
Principal Secretary to Government forwarded Ext.P8 letter to
the Secretary, KK & VIB informing that the Government has
accorded sanction for revival and strengthening of SERIFED
for taking up Post-Cocoon Sector of Sericulture Industry.
36. The Principal Secretary to Government, as per
Ext.P8 letter dated 08.09.2015, directed the Secretary, KK &
VIB to constitute an Administrative Committee with the
W.P.(C) No.35173/2016 & Connected cases
representatives of three Taluk Sericulture Co-operative
Societies. The Administrative Committee so constituted
required the Registrar, KK & VIB to form a Monitoring and
Review Committee on the implementation of Revival Project
of SERIFED, as per letter dated 30.11.2015. Accordingly,
the Registrar, as per Ext.P18 letter dated 30.12.2015 (in
W.P.(C) No.35303/2016) constituted a Monitoring and
Review Committee with MD, SERIFED as Convenor and
representatives of Departments of Finance and Industries,
KK & VIB, of Technical Consultancy, Central Silk Board and
NCDC.
37. On 16.02.2016, the Government of Kerala
requested the Central Silk Board to provide financial and
technical assistance to the SERIFED. The Kerala Khadi and
Village Industries Board returned the silk reeling units at
Pattanakkad and Uduma to the SERIFED. On 26.03.2016,
as per Ext.P9, the Secretary, KK & VIB was directed to
continue to hold the position of MD, SERIFED. On
20.04.2016, the Chairman, SERIFED, as per Ext.P10 letter,
W.P.(C) No.35173/2016 & Connected cases
requested the Government to release fund. As amounts
were not released, the Managing Director of SERIFED, as
per communication dated 02.05.2016, required the Principal
Secretary to provide a sum of ₹50 lakhs to SERIFED as
advance from contingency fund or as loan from any of the
public undertakings.
38. In implementation of the revival scheme, the
Registrar approved the Bye-law amendments of SERIFED on
18.06.2016. The Principal Secretary (Industries and
Commerce) convened a meeting on 01.07.2016 in which the
following decisions were taken:
● CRD will carry out Pre-Cocoon Activity and
they will strive to increase the production of cocoon.
● CSB will provide financial assistance to the
setting up of Reeling Unit in Palakkad. MD,
SERIFED should take step to work out a strategy for
getting financial assistance.
● MD, SERIFED will take step to get adequate
land to the setting up of reeling unit.
● Financial assistance from CSB for Post-
Cocoon activity should be given to SERIFED through
the Government of Kerala.
39. The Central Silk Board on 14.07.2015, required
the Central Silk Technological Research Institute (CSTRI) to
W.P.(C) No.35173/2016 & Connected cases
prepare a project report. By Ext.P13 communication dated
08.09.2016, the Central Silk Board released an amount of
₹69.178 lakhs to CSTRI for critical intervention in Kerala.
40. The Government of Kerala, all of a sudden, took a
U-Turn and issued Ext.P14 G.O. dated 07.01.2017 stating
that the Government of Kerala have examined the matter in
detail based on the aspects of development of Sericulture in
Kerala and have made a decision not to proceed further with
the proposals to revive SERIFED, based on the following
facts:
(1) Kerala does not have sufficient
acreage under Sericulture to warrant a set up for
post processing activities.
(2) Currently there are no functioning
sericulture processing co-operative societies.
(3) There is no justification for a federation
of such co-operative societies and federation can
be a paper organisation at this stage, and will not
justify any allocation or resources or funds.
41. However, the Minister for Industries convened
another meeting on 16.05.2017, in the context of the new
hurdle in reviving SERIFED, and with a view to proceeding
W.P.(C) No.35173/2016 & Connected cases
with the revival. The representatives of the Central Silk Board
made the following statement in the meeting:
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അഭ.ര? ച . ക രളത നലറ ന @ത യ മണ
മള7റ @ ല ണ ഉലD ദനത ന
അന കയ ജ.മ ല,ങ ദത നടത ) ല
ക ര യGയ , ഈ കമഖ യ ലട ളരചയ
ക രളത ല തടസലമന അ ര റഞ . ക സ
ല ണ ലസകറ നലറ സന ര ട ള
ഏലLട ത നട) ന ഉതര ദല)ട
ലസറ ലM8 നലറ Nഴ ല ല ണ മര L
സ നത ന റN ഗ യ,L ള
ന രത ) നത ന ആ =.മ യ
ക ന സഹ യ അന ദ ച ട ലണന ഇ യ ള
സ സ ന- ഹ ത ഭ.മ യഥ സമയ ഈ
സന ര ട ള നട) നത ന
ആ =.മ യ നട ട ള സRN ര ,ലമന
അ ര അറ യ ച .
The meeting, as per Ext.P22 minutes, decided to hold a
review meeting by the Chief Secretary and to take a decision
on revival of SERIFED.
W.P.(C) No.35173/2016 & Connected cases
42. The Chief Secretary convened a meeting on
05.07.2017. It was opined in the meeting that the project
report produced for consideration of the Government did not
present the matter in proper perspective and that it is
necessary to have the scope of weaving silk fabrics in Kerala
examined in detail before taking a decision. The said meeting
decided to have a three-member committee comprising of
representatives of Central Silk Board, SERIFED and Director
of Handlooms and Textiles to formulate and submit a report
on feasibility of undertaking silk weaving in Kerala. The said
Committee could not be formed as SERIFED did not
nominate its representative to the Committee due to the
pendency of these writ petitions. In the meanwhile, the
KINFRA International Apparel Parks Limited has come
forward as per Ext.P26 to make available land for pure silk
production by SERIFED.
43. Yet again, the Government on 08.05.2020 issued
Ext.P4 G.O. dated 08.05.2020 (in W.P.(C) No.15961/2020)
stating that the issue was considered by the Ministerial
W.P.(C) No.35173/2016 & Connected cases
meeting held on 08.04.2020 and the meeting opined that
revival of Sericulture is not viable in Kerala and hence it is
decided to seek review of the interim orders of this Court
passed on 03.12.2019 and 20.12.2019.
44. The interim order dated 03.12.2019 passed by this
Court, is as follows:
"These writ petitions are filed by the Kerala
State Sericulture Co-operative Apex Society
(SERIFED) and its affiliated members aggrieved by
the delay on the part of the State Government in
confirming the availability for matching funds in
relation to the Detailed Project Report submitted by
SERIFED for development of sericulture covering
post-cocoon activities.
2. The Central Silk Board under the Ministry
of Textiles, Government of India, in its communication
dated 24.8.2018 addressed to the Government of
Kerala mentions as follows:
"I am directed to refer the above subject and
to enclose here with minutes of State Level Project
monitoring Meeting (PMC) of Kerala held on
11.06.2018 Thiruvananthapuram for reference.
During the meeting the issue of DPR submitted by
SERIFED for development of sericulture covering
post cocoon activities came up for discussion. After
detailed discussions PMC approved the DPR
submitted by SERIFED. As per DPR, the fund
requirement and sharing pattern for 2018-2019 and
2019-2020 is as follows:
W.P.(C) No.35173/2016 & Connected cases
Year Activity Finding Pattern (Res. In lakh)
CSB DCH State(Kerala)
2018-19 Post 486.49 642.22 341.78
cocoon/
post yarn
2019-20 - do - 745.63 695.71 334.97
Total 1232.12 1337.93 676.75
In this regard, it is requested to kindly arrange to
confirm the availability of State matching share by
Govt. of Kerala for the years 2018-19 and 2019-20."
2. It appears that an undertaking has to be
given by the Government of Kerala before 12.12.2019
affirming its financial obligation as above. The fund is
constituted by apportioning the financial obligation as
above between the State and Central Governments.
3. It is submitted by the learned counsel for
the petitioners that if the State Government fails to
give a confirmation of availability of matching share of
the State, the entire fund will lapse.
4. This Court is of the view that the State at
this juncture is only need to give a confirmation to
availability of matching share and nothing else. The
modality of disbursal can be worked out in
consultation with SERIFED.
5. The learned State Attorney on
instructions submits that the State Government is
prepared to give necessary confirmation on
availability of the State matching share before
12.12.2019. The said undertaking is recorded. There
shall be a direction to the State Government to
convey its willingness by affirming the availability of
the State matching fund as referred above before
12.12.2019.
Post on 16.12.2019 along with Contempt Case
No. 353/2018."
W.P.(C) No.35173/2016 & Connected cases
45. The interim order dated 20.12.2019 passed by this
Court is as follows:
"Read order dated 3.12.2019.
The learned counsel for the petitioner in W.P.
(C) No.40553 of 2016, placing reliance on a
communication, dated 18/12/2019, issued by the
State Government submitted that it is not in
accordance with the directions issued by this Court
in the order dated 3/12/2019. On a perusal of the
communication itself, it can be seen that it was not in
accordance with the said directions. In fact, while
passing the aforesaid order, this Court had placed
reliance on a communication dated 24/8/2018 issued
by the Central Silk Board under the Ministry of
Textiles, Government of India, wherein it is stated
that the State Government has to give response.
The learned State Attorney assured that necessary
communication will be issued in that regard. It is
pertinent to note that this fund requirement as per
the Detailed Project Report is for the years 2018-19
and 2019-20. A copy of the communication shall be
issued to the Central Silk Board under the Ministry of
Textiles, Government of India without any delay, at
any rate, before 31.12.2019.
Post after Christmas holidays along with
Contempt Case No.353/2018."
46. Kerala is one of the largest consumers of Silk. The
demand for silk and silk products is met by import from other
States, which considerably erodes Kerala's revenue.
Therefore, the Government of Kerala decided to encourage
and develop sericulture in the State and hence SERIFED
W.P.(C) No.35173/2016 & Connected cases
was formed in the year 1994. It is not in dispute that the
Government nominated Board of SERIFED did not do
anything to affiliate Taluk level Sericulture Co-operative
Societies. Only five Taluk Level Societies were affiliated to
SERIFED. It is not disputed that the nominated Board went
on to start Offices in all Districts including in those Districts
where there was no sericulture.
47. It is not disputed that the nominated Board
recruited about 300 employees to the SERIFED, without
adhering to the provisions of the Kerala Co-operative
Societies Act, 1969, especially to Section 80 thereof. Among
the 300 employees, at least 271 employees continued in
SERIFED service till the year 2010 when the Government
initially decided to liquidate SERIFED and depute these
employees to Government services and to the KK & VIB.
The Plan Funds allocated for development of sericulture in
the State, were openly diverted for paying salary to these
illegally recruited employees, which illegal action was ratified
by the Government later.
W.P.(C) No.35173/2016 & Connected cases
48. The inspections conducted by the Department of
Finance, Planning Board and AGs Office revealed that the
reason for collapse of SERIFED is the illegal appointments
made. Exts.P2 and P3 Audit Reports (in W.P.(C)
No.40553/2016) would establish that the SERIFED Board did
not take any step to affiliate Taluk level Societies as
Members of SERIFED and that the reason for loss sustained
by the SERIFED is the appointments of excess employees
and starting of large number of District Offices when there
was no provision in the bye-laws for opening of such District
Offices.
49. One D. Madhusoodhanan, Trivandrum Taluk
Sericulture Co-operative Society Limited approached this
Court as early in 1998 filing O.P. No.11175/1998 seeking to
command the State of Kerala to appoint an agency to
enquire into the functioning of the Federation. Taking into
consideration the allegations raised by the petitioner, this
Court as per Ext.P21 judgment dated 25.03.1999 (in W.P.(C)
No.40553/2016), permitted the petitioner to make a detailed
W.P.(C) No.35173/2016 & Connected cases
representation to the Secretary, Industries Department. The
Secretary was directed to examine the same. This Court
directed that if the Secretary comes to the conclusion that the
petitioner has made out a prima facie case, then the
Secretary shall constitute a Committee headed by himself
and two other members and examine the matter in detail and
advise the Government, if it is considered necessary, about
the steps to be taken by the Government. The petitioners
would submit that no enquiry was conducted pursuant to
Ext.P21 judgment and, in fact, it was the said direction of this
Court which prompted the Government to liquidate the
SERIFED, in order to avert any such enquiry.
50. In short, the reason for heavy losses incurred by
the SERIFED is attributable to the actions of the Government
nominated Board of SERIFED which was permitted to
continue to maladminister SERIFED for long years though
the tenure of the Board was only six months. It is attributable
to the Government also as the Government miserably failed
to ensure that the nominated Board acts within its powers
W.P.(C) No.35173/2016 & Connected cases
and to achieve its objectives within the stipulated time. There
is no reason to assume that the nominated Board
maladministered the SERIFED without executive and political
patronage.
51. Subsequent conduct of the Government in
absorbing the illegally appointed 271 employees of SERIFED
in Government services without the prior approval of the
Kerala Public Service Commission, would only establish the
patronage given at the Executive level. Though the
petitioners have not challenged these appointments and
absorption, this Court is of the view that this being one of the
biggest employment scams which has resulted in collapse of
an Apex Society and loss of huge amounts intended to
benefit sericulturists, it requires an enquiry at the appropriate
level.
52. Now, as regards the dithering decisions of the
Government in ordering liquidation of SERIFED and revival
thereof, a reading of Ext.R1(c) G.O. dated 15.03.2010 (in
W.P.(C) No.15961/2020) proposing liquidation of SERIFED
W.P.(C) No.35173/2016 & Connected cases
would show that the liquidation was ordered without
conducting any review or study regarding viability of
Sericulture activities in Kerala. The decision taken on
15.03.2010 speaks more on redeployment of staff of
SERIFED and taking over the reeling units of SERIFED by
KK & VIB, than the unviability of sericulture activities by
SERIFED.
53. At the instance of the State Government, the
Central Silk Board has given a Techno-feasibility of Revival
of Post-cocoon Sector through SERIFED as per Ext.P6. The
Central Silk Board is established under the Central Silk
Board Act, 1948 for the development of the silk industry. It is
an expert body entrusted with task of undertaking, assisting
and encouraging scientific, technological and economic
research on silk. Under Section 8 of the Act, 1948, it is the
duty of the Central Silk Board to devise means for improved
methods of mulberry cultivation rearing, developing and
distributing healthy silkworm seeds, reeling/spinning of
silkworm cocoons and improving quality and production of
W.P.(C) No.35173/2016 & Connected cases
raw silk. It is the statutory duty of the Central Silk Board to
advise the Central Government on all matters relating to
production, supply, distribution, trade and commerce in
silkworm seed, the development of the Silk industry and its
products including its export and import.
54. The Central Silk Board, which is an expert body in
the field of silk and sericulture, has stated that Kerala has a
high potential for both multi-voltine and bio-voltine cocoon
production and that with the non-functioning of SERIFED, the
sericulture development activities in Kerala have gradually
decreased and that Kerala has become the least performing
State in the Sericulture Map of India. Ever since SERIFED
became non-functional, the CRD, Government of Kerala has
failed to tap the potential and was not in a position to utilise
the funds for supporting enterprising sericulturists. The
Central Silk Board emphatically recommended the techno-
feasibility for revival of Post-Cocoon Sector of Sericulture
Industry in the State through SERIFED for the First Phase.
W.P.(C) No.35173/2016 & Connected cases
55. The Government thereafter issued Ext.P7 order
dated 05.08.2015 undertaking to provide financial support.
By Ext.P8 order dated 08.09.2015, the Government ordered
appointment of an Administrative Committee for the
functioning of SERIFED. The Government of India, as per
Ext.P13 order dated 08.09.2016, sanctioned various
amounts for the Post-cocoon Sector. When the turn of State
Government came to release State Share, the Government
issued Ext.P14 order dated 07.01.2017 intimating that the
Government has taken a decision not to give effect to Ext.P7
order dated 05.08.2015.
56. The Government took Ext.P14 decision on the
following three counts. (1) Kerala does not have sufficient
acreage under sericulture to set up post processing
activities, (2) Currently there are no functioning sericulture
processing Co-operative societies and (3) There is no
justification for a federation of such co-operative societies
and Federation can be a paper organisation at this stage and
W.P.(C) No.35173/2016 & Connected cases
will not justify any allocation of resources or funds. None of
these reasons are sustainable.
57. Firstly, the proposal of Central Silk Board and all
concerned was to revive Post-cocoon Sector of sericulture
for which availability or otherwise of acreage is irrelevant.
Secondly, as many as 17 Taluk level Sericulture
Co-operatives were functional and two major Societies are
before this Court seeking to set aside the orders of the
Government to liquidate them. Even if some of the Taluk
level Sericulture Co-operatives have become dormant now,
the Government has to blame itself for the situation as it is
the Government which ordered the closing down of Apex and
Taluk level Sericulture Co-operatives.
58. The SERIFED was originally constituted in 1994
and only five Taluk level Societies were affiliated to it.
Situation is more or less the same even now. Therefore, the
Government will not be justified in taking a stand that the
SERIFED will be a paper organisation if constituted now. In
the meeting convened by the Industries Minister on
W.P.(C) No.35173/2016 & Connected cases
28.01.2015, the Joint Development Commissioner, CRD has
stated that even after the liquidation of SERIFED, cocoon
production in Kerala has increased to 50,000 Tons. The
performance of SERIFED before issuance of Ext.R1(c) (in
W.P.(C) No.15961/2020) order of liquidation and
performance of the Government Departments after that is an
indicator:
Performance of Serifed before the issue of Performance of the Departments after
G.O. the issue of G.O.
Year Mulberry Raw-Silk Year Mulberry Raw-Silk
Cultivation (in Production Cultivation Production
Hectares) (MT) (in Hectares) (MT)
In the light of the Techno-feasibility Report of the Central Silk
Board and in the light of the afore data, it cannot be said that
there is no justification for reviving SERIFED.
59. In fact, in the deliberations and discussions in
various official meetings presided by the Ministers concerned
also, there is unanimity that there is much scope for reviving
W.P.(C) No.35173/2016 & Connected cases
Post-cocoon Sector under SERIFED. It is based on those
conclusions that the Government undertook before this Court
on 03.12.2019 that the State Government is prepared to give
necessary confirmation on availability of State matching
share. On 20.12.2019, the Government again undertook
before this Court that necessary communication will be
issued to the Central Silk Board in that regard. Respondents
1 and 2 are not justified in again going back from the
decision to revive SERIFED for Post-cocoon Sector
sericulture activities.
60. The learned Government Pleader, relying on the
judgments of the Apex Court in Balco Employees' Union
(Regd.) v. Union of India and others [(2002) 2 SCC 333]
and Bannari Amman Sugars Ltd. v. Commercial Tax
Officer and others [(2005) 1 SCC 625], argued that the
issue involved in these cases are pure policy matters falling
exclusively within the realm of executive and it would be
highly illegal to decide such issue by courts of law. In a
democracy, it is the prerogative of each elected Government
W.P.(C) No.35173/2016 & Connected cases
to follow its own policy. It is settled law that unless a decision
is contrary to any legal provision, court cannot interfere with
it.
61. The question is whether non-revival of Post-
Cocoon activities under SERIFED is due to any policy
decision of the Government. The facts of the case will amply
make it clear that there is no policy decision by the
Government in this regard, not even of a fiscal policy. Here,
the Government decided to establish SERIFED in the year
1994, and in the year 2010, the Government decided to
liquidate SERIFED. In the year 2014, after a meeting by the
Industries Minister, the Government decided to revive Post-
Cocoon activities under SERIFED and an affidavit was filed
in this Court swearing that action will be taken for revival of
Post-Cocoon activities. A Techno-feasibility report for revival
was obtained from Central Silk Board for the said purpose.
By Ext.P7 G.O., the Government accorded sanction for
reviving Post-Cocoon activities.
W.P.(C) No.35173/2016 & Connected cases
62. The Government directed to reconstitute the
Administrative Committee of SERIFED. The bye-laws of
SERIFED were amended. The Central Silk Board released
₹69.178 lakhs for critical intervention on 08.09.2016. But, on
07.01.2017, the Government issued Ext.P14 G.O. ordering
not to proceed with revival of SERIFED. The issue did not
end there. In spite of Ext.P14, the Government, through the
Chief Secretary, convened another meeting on 05.07.2017
and the Chief Secretary decided to constitute a three-
member committee comprising of representatives of
SERIFED, Director of Handlooms and Textiles and the
Central Silk Board to formulate a Project Report on feasibility
of silk weaving. Before receiving any such report, the
Government as per Ext.P4 (in W.P.(C) No.15961/2020)
dated 08.05.2020 decided not to provide matching fund for
revival. If the afore facts prove anything, it is the lack of
policy of the Government of Kerala. There is nothing on
record to show that the Government has taken any concrete
W.P.(C) No.35173/2016 & Connected cases
policy decision in the matter of liquidation or revival of
sericulture in Kerala.
63. The Detailed Project Report for revival of
sericulture activities, which was approved by the State
Government for the years from 2015-'16 to 2018-'19
contemplated total investment by all funding agencies to the
tune of ₹11,330.31 lakhs and the State share was only
₹2,235.32 lakhs. The rest of the funding was to be made by
the Central Government through the Central Silk Board and
other Central agencies. A project which was appreciated by
the Central Silk Board and found to be of great advantage to
the State in the matter of giving employment opportunities to
many and of augmenting State's silk production and State's
revenue, has been put in limbo by the Government for no
tangible reason.
64. The Hon'ble Apex Court, in the judgment in
Bannari Amman Sugars Ltd. (supra), held that-
While the discretion to change the policy in
exercise of the executive power, when not
W.P.(C) No.35173/2016 & Connected cases
trammelled by any statute or rule is wide enough,
what is imperative and implicit in terms of Article 14 is
that a change in policy must be made fairly and
should not give impression that it was so done
arbitrarily or by any ulterior criteria. The wide sweep
of Article 14 and the requirement of every State
action qualifying for its validity on this touchstone
irrespective of the field of activity of the State is an
accepted tenet. The basic requirement of Article 14 is
fairness in action by the State, and non-arbitrariness
in essence and substance is the heart beat of fair
play. Actions are amenable, in the panorama of
judicial review only to the extent that the State must
act validly for discernible reasons, not whimsically for
any ulterior purpose. The meaning and true import
and concept of arbitrariness is more easily visualized
than precisely defined. A question whether the
impugned action is arbitrary or not is to be ultimately
answered on the facts and circumstances of a given
case. A basic and obvious test to apply in such cases
is to see whether there is any discernible principle
emerging from the impugned action and if so, does it
really satisfy the test of reasonableness.
In this case, there is no discernible principle emerging from
the impugned action of the Government.
65. A further question arises as to whether the
Government, after expressing its decision to revive Post-
cocoon activities and after undertaking to revive SERIFED,
can go back from the said promise and undertaking. Under
our jurisprudence, the Government is not exempt from
liability to carry out the representation made by it as to its
W.P.(C) No.35173/2016 & Connected cases
future conduct and it cannot on some undefined and
undisclosed ground of necessity or expediency fail to carry
out the promise solemnly made by it, nor claim to be the
judge of its own obligation to the citizen on an ex parte
appraisement of the circumstances in which the obligation
has arisen.
66. In W.P.(C) No.31446/2010, which was filed
challenging the decision of the Government to liquidate
sericulture co-operatives, the Government filed counter
affidavit expressing its decision to revive SERIFED and
invigorate its activities, making available necessary funds.
This Court delivered Ext.P5 judgment dated 20.03.2015 in
the said writ petition directing the Government to take
necessary action within a period of six months. The said
Ext.P5 judgment was not challenged and has become final.
Can the Government go back from its promises made before
this Court, subsequently ?
W.P.(C) No.35173/2016 & Connected cases
67. In the judgment in Hope Plantations Ltd. v.
Taluk Land Board [1999 (1) KLT 331], dealing with the
principles of issue estoppel, the Apex Court held as follows:
It is settled law that principles of estoppel and
res judicata are based on public policy and justice.
Doctrine of res judicata is often treated as a branch
of the law of estoppel though these two doctrines
differ in some essential particulars. Rule of res
judicata prevents the parties to a judicial
determination from litigating the same question over
again even though the determination may even be
demonstrated wrong. When the proceedings have
attained finality, parties are bound by the judgment
and are estopped from questioning it. They cannot
litigate again on the same cause of action nor can
they litigate any issue which was necessary for
decision in the earlier litigation. These two aspects
are 'cause of action estoppel' and 'issue estoppel'.
These two terms are of common law origin. Again
once an issue has been finally determined, parties
cannot subsequently in the same suit advance
arguments or adduce further evidence directed to
showing that issue was wrongly determined. Their
only remedy is to approach the higher forum if
available. The determination of the issue between
the parties gives rise to, as noted above, an issue
estoppel. It operates in any subsequent
proceedings in the same suit in which the issue had
been determined. It also operates in subsequent
suits between the same parties in which the same
issue arises. Section 11 of the CPC contains
provisions of res judicata but these are not
exhaustive of the general doctrine of res judicata.
Legal principles of estoppel and res judicata are
equally applicable in proceedings before
administrative authorities as they are based on
public policy and justice.
W.P.(C) No.35173/2016 & Connected cases
Promissory estoppel long recognised as a legitimate defence
in equity was held to found a cause of action against the
Government, even when the representation sought to be
enforced was legally invalid in the sense that it was made in
a manner which was not in conformity with the procedure
prescribed by statute.
68. In the judgment in Union of India and others v.
Indo-Afghan Agencies Ltd. [AIR 1968 SC 718], the Hon'ble
Apex Court held that-
Under our jurisprudence the Government is
not exempt from liability to carry out the
representation made by it as to its future conduct
and it cannot on some undefined and undisclosed
ground of necessity or expediency fail to carry out
the promise solemnly made by it, nor claim to be the
judge of its own obligation to the citizen on an ex-
parte appraisement of the circumstances in which
the obligation has arisen.
69. The Hon'ble Apex Court dealt with the issue of
promissory estoppel in the judgment in State of Punjab v.
Nestle India Ltd. and another [(2004 (6) SCC 465] and held
as follows:
W.P.(C) No.35173/2016 & Connected cases
As for its strengths it was said: that the
doctrine was not limited only to cases where there
was some contractual relationship or other pre-
existing legal relationship between the parties. The
principle would be applied even when the promise is
intended to create legal relations or affect a legal
relationship which would arise in future. The
Government was held to be equally susceptible to
the operation of the doctrine in whatever area or
field the promise is made, contractual,
administrative or statutory. To put it in the words of
the Court:
"The law may, therefore, now be taken to be
settled as a result of this decision, that where the
Government makes a promise knowing or intending
that it would be acted on by the promisee and, in
fact, the promisee, acting in reliance on it, alters his
position, the Government would be held bound by
the promise and the promise would be enforceable
against the Government at the instance of the
promisee, notwithstanding that there is no
consideration for the promise and the promise is
not recorded in the form of a formal contract as
required by Article 299 of the Constitution.
* * *
Equity will, in a given case where justice and
fairness demand, prevent a person from insisting on
strict legal rights, even where they arise, not under
any contract, but on his own title deeds or under
statute.
* * *
Whatever be the nature of the function which the
Government is discharging, the Government is
subject to the rule of promissory estoppel and if the
essential ingredients of this rule are satisfied, the
Government can be compelled to carry out the
promise made by it."
W.P.(C) No.35173/2016 & Connected cases
70. In the present case, Ext.P5 judgment in W.P.(C)
No.31446/2010 and the interim orders passed by this Court
in these writ petitions on 03.12.2019 and 20.12.2019 would
indeed operate as issue estoppel, against respondents 1 and
2 and the orders passed by respondents 1 and 2 ignoring the
same are liable to be set aside.
71. For all the afore reasons, these writ petitions are
disposed of with the following orders and directions:
(1) Respondents 1 and 2 are directed to
cause appropriate enquiry and investigation into
the action of the nominated Board of Directors of
the SERIFED in recruiting about 300 employees
in SERIFED in violation of law and also into the
action of the Government in absorbing 271
employees illegally recruited in SERIFED into
the Government Services and in the services of
Kerala Khadi and Village Industries Board and
take appropriate action based on such enquiry/
investigation, in accordance with law;
W.P.(C) No.35173/2016 & Connected cases
(2) The impugned Ext.P14 order dated
07.01.2017 in W.P.(C) No.35173/2016 and
Ext.P4 order dated 08.05.2020 in W.P.(C)
No.15961/2020 are quashed;
(3) The Central Silk Board, SERIFED
and the Director of Handlooms and Textiles are
directed to nominate their representative to the
Three-Member Committee decided to be formed
in the meeting convened by the Chief Secretary
on 05.07.2017 and communicate the
nominations to the Chief Secretary forthwith;
(4) The Three-Member Committee shall
formulate a fresh Project Report on the
feasibility of revival of SERIFED, Post-Cocoon
Sector and Silk Weaving in Kerala, and submit
the same to the 1st respondent within a period of
four months;
(5) Respondents 1 and 2 (in W.P.(C)
No.35173/2016) shall take a final decision on
the revival of SERIFED, Post-Cocoon Sector
and Silk Weaving in Kerala, within a further
period of two months from the date of receipt of
the Project Report;
W.P.(C) No.35173/2016 & Connected cases
(6) The petitioners in W.P.(C)
No.35303/2016 are permitted to get Ext.P1
Award in I.D. No.58/99 of the Industrial Tribunal,
Alappuzha executed/implemented, invoking the
provisions of the Industrial Disputes Act, 1947.
The Registry is directed to forward a certified copy of
this judgment to the Director of Handlooms and Textiles,
Vikas Bhavan P.O., Thiruvananthapuram-695 033.
Sd/-
N. NAGARESH, JUDGE
aks/20.01.2022
W.P.(C) No.35173/2016 & Connected cases
APPENDIX OF WP(C) 35173/2016
PETITIONER'S EXHIBITS
EXHIBIT P1 COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE HON'BLE MINISTER FOR
FINANCE DATED 22.11.2013.
EXHIBIT P2 COPY OF THE REPORT OF THE TEXTILE AND
TRADITIONAL INDUSTRIES PROTECTION
COUNCIL, DATED 20.11.2013.
EXHIBIT P3 COPY OF THE MINUTES OF THE MEETING
HELD ON 28.1.15 OF THE MINISTER FOR
INDUSTRY FORWARDED BY THE GOVERNMENT
WITH COVERING LETTER DATED 13.2.2015.
EXHIBIT P4 COPY OF THE COUNTER AFFIDAVIT FILED BY
THE 1ST RESPONDENT IN WPC
NO.31446/2010 DATED 13.7.2014.
EXHIBIT P5 COPY OF THE JUDGMENT IN WPC
NO.31446/2010 DATED 20.3.2015.
EXHIBIT P6 COPY OF THE FEASIBILITY REPORT OF THE
CENTRAL SILK BOARD TO THE GOVERNMENT
DATED 30.3.2015.
EXHIBIT P7 COPY OF THE GOVERNMENT ORDER DATED
5.8.2015.
EXHIBIT P8 COPY OF THE GOVERNMENT ORDER DATED
8.9.2015.
EXHIBIT P9 COPY OF THE GOVERNMENT ORDER DATED
26.3.2016.
EXHIBIT P10 COPY OF THE REPRESENTATION SUBMITTED
BY THE CHAIRMAN BEFORE THE GOVERNMENT
DATED 20.4.2016.
EXHIBIT P11 COPY OF THE REPRESENTATION SUBMITTED
BY THE MANAGING DIRECTOR BEFORE THE
GOVERNMENT DATED 2.5.2016.
EXHIBIT P12 COPY OF THE REPRESENTATION SUBMITTED
BY THE MANAGING DIRECTOR BEFORE THE
HON'BLE MINISTER FOR INDUSTRIES, DATED
21.6.2016.
EXHIBIT P13 COPY OF THE ORDER OF THE CENTRAL SILK
BOARD DATED 8.9.2016.
W.P.(C) No.35173/2016 & Connected cases
EXHIBIT P14 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 7.1.2017
EXHIBIT P15 COPY OF REPRESENTATION BY PETITIONER
TO INDUSTRIES MINISTER, GOVERNEMNT OF
KERALA.
EXHIBIT P16 COPY OF MINUTES OF THE MEETING
CONVENED BY THE INDUSTRIES MINISTER DT
16.5.2017.
EXHIBIT P17 COPY OF CHIEF SECRETARY TO THE
GOVERNEMNT OF KERALA ON 5.7.2017 HAD
CONVENED A MEETING AND THE MINUTES OF
THE SAID MEETING.
EXHIBIT P18 COPY OF REPRESENTATION DT 13.7.2017.
EXHIBIT P19 COPY OF REPRESENTATION DT 28.7.2017.
EXHIBIT P20 COPY OF ORDER DT 22.2.2018 BY
PRINCIPAL SECRETARY TO GOVERNEMNT TO
THE CHAIRMAN, SERIFED,
THIRUVANANTHAPURAM.
EXHIBIT P21 COPY OF REPRESENTATION SUBMITTED BY
PETITIONER TO PRINCIPAL SECRETARY.
EXHIBIT P22 COPY OF MINUTES OF THE MEETING HELD ON
16.5.2017 BY THE INDUSTRIES
DEPARTMENT.
EXHIBIT P23 COPY OF LETTER DT 24.8.2018 ISSUED
FROM CENTRAL SILK BOARD, BANGALORE TO
DIRECTOR, DIRECTORATE OF INDUSTRIES
AND COMMERCE, THIRUVANANTHAPURAM.
EXHIBIT P24 COPY OF CONSOLIDATED ACCOUNTS OF PLAN
FUNDS RECEIVED AND DIVERSION MADE ON
IT BY ERSTWHILE SERIFED DURING 1994-
2010.
EXHIBIT P25 COPY OF MINUTES OF THE MEETING HELD ON
1.7.2016 IN THE CHAMBER OF PRINCIPAL
SECREATARY (INDUSTRIES AND COMMERCE)
REGARDING THE ISSUE OF REACHING A
TRIPARTITE AGREEMENT FOR REVIVAL OF
SERIFED.
EXHIBIT P26 COPY OF LETTER DT 1.8.2018 RECEIVED
FROM THE MANAGING DIRECTOR, KINFRA
INTERNATIONAL APPAREL PARKS LTD. TO
SERIFED.
W.P.(C) No.35173/2016 & Connected cases
RESPONDENTS' EXTS:
R1(a) COPY OF LETTER DT 8.9.2017 ISSUED BY THE CENTRAL
SILK BOARD NOMINATING THEIR MEMBER FOR PREPARATION OF
PROJECT REPORT ON FEASIBILITY OF UNDERTAKING SILK
WEAVING IN KERALA.
R1(b) COPY OF LETTER ADDRESSED TO THE CHIEF SECRETARY
DT 28.7.2017.
R1(c) COPY OF LETTER STATING ABOUT THE DETAILS OF THE
RELEASING OF THE RIAB FUND DT 22.11.2017.
R1(d) COPY OF THE LETTER GIVEN BY THE DIRECTOR OF
INDUSTRIES AND COMMERCE SHOWING THE DETAILS OF THE FUND
RELEASED YEARWISE DT 4.12.2017.
R1(e) COPY OF THE REPORT/LETTER SENT BY SECRETARY, KK &
VI BOARD DT 25.2.2017.
W.P.(C) No.35173/2016 & Connected cases
APPENDIX OF WP(C) 35303/2016
PETITIONER'S EXHIBITS
EXT. P1 A TRUE PHOTOCOPY OF THE AWARD, DATED
23.11.2002 IN I.D. NO. 58/99 ON THE
FILE OF HON'BLE INDUSTRIAL TRIBUNAL,
ALAPPUZHA.
EXT. P2 A TRUE PHOTOCOPY OF THE PROCEEDINGS OF
THE REGISTRAR OF KERALA KHADI AND
VILLAGE INDUSTRIES BOARD,
THIRUVANANTHAPURAM NO. K.B
13184/96/CO.OP 1ST DECEMBER 288,
PUBLISHED IN KERALA GAZETTE
NO.4/2009/DTP/INDUSTRIES DATED
27.01.2009.
EXT. P3 A TRUE PHOTOCOPY OF THE JUDGMENT DATED
09.04.2012 IN W.P.C. NO. 24014/2003.
EXT. P4 A TRUE PHOTOCOPY OF THE PETITION
PREFERRED BY MINIMOL N.S. AS THE 1ST
PETITIONER BEFORE THE D.L.O. FOR THE
ENFORCEMENT OF THE EXHIBIT P1, AWARD
BY THE HON'BLE INDUSTRIAL TRIBUNAL,
ALAPPUZHA.
EXT. P5 A TRUE PHOTOCOPY OF THE JUDGMENT DATED
18.03.2014 IN W.P.C. NO. 31273/2013.
EXT. P6 A TRUE PHOTOCOPY OF THE COMPLAINT
DATED 25.06.2014, BEFORE THE HON'BLE
CJM, ALAPPUZHA.
EXT. P7 A TRUE PHOTOCOPY OF THE GOVERNMENT
ORDER G.O.(MS) NO.109/2015/ID,DATED
05.08.2015.
EXT. P8 A TRUE PHOTOCOPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT.
EXT. P9 A TRUE PHTOCOPY OF THE POSTAL RECEIPT
AND ACKNOWLEDGEMENT DUE EVIDENCING
DISPATCH AND RECEIPT OF EXHIBIT P8 THE
1ST RESPONDENT
EXT. P10 COPY OF COUNTER AFFIDAVIT IN
WPC.31446/2010 FILED BY THE 3RD
RESPONDENT.
W.P.(C) No.35173/2016 & Connected cases
EXT. P11 COPY OF FEASIBILITY REPORT DT
30.3.2015 BY CSB.
EXT. P12 COPY OF JUDGMENT DT 20.3.2015 IN
WPC.31446/2010.
EXT. P13 COPY OF GO DT 5.8.2015.
EXT. P14 COPY OF LETTER DT 4.3.2015 BY 3RD
RESPONDENT TO CSB.
EXT. P15 COPY OF LETTER DT 16.2.2016 ISSUED BY
3RD RESPONDENT TO CSB.
EXT. P16 COPY OF AMENDED BYE-LAWS OF SERIFED.
EXT. P17 COPY OF LETTER DT 26.3.2016 BY THE
UNDER SECRETARY OF STATE.
EXT. P18 COPY OF LETTR OF REGISTRAR ON
CONSTITUTION OF MONITORING COMMITTEE
DT 30.12.2015.
EXT. P19 COPY OF MINUTES OF THE MEETING OF CSB
HELD ON 29.2.2016.
EXT. P20 COPY OF LETTR DT 14.7.2016.
EXT. P21 COPY OF NEWS REPORT IN MATHRUBHOOMI
DAILY DT 26.10.2016.
RESPONDENTS' EXTS:
R2(a) COPY OF ORDER DT 24.5.2011 SANCTIONING TRANSFER
OF RS.35 LKHS TO THE SILK REELING UNIT, PATTANAKKAD.
R2(b) COPY OF ORDER DT 24.5.2011 SANCTIONING TRANSFER
OF RS.40 LAKHS TO THE SILK REELING UNIT, UDUMA.
R2(c) COPY OF ORDER DT 17.3.2012 SANCTIONING TRANSFER
OF RS.50 LAKHS TO THE SILK REELING UNITS.
R2(d) COPY OF THE ORDER TRANSFERRING AN AMOUNT OF RS.65
LAKHS TO IOB ACCOUNT.
R2(e) CPY OF CONTINGENT BILL TRANSFERRING AN AMOUNT OF
RS.65 L;AKHS.
R2(f) COPY OF AUDIT REPORT DETAILS OF THE UNIT MYLATTY,
UDUMA FOR THE FINANCIAL YEAR 2014-15.
W.P.(C) No.35173/2016 & Connected cases
R2(g) COPY OF THE AUDIT REPORT DETAILS OF THE UNIT
PATTANAKKAD FOR THE FY 2014-15.
R2(h) COPY OF THE LIST OF REGISTERS, FILES MACHINERY
AND FURNITURE OF SILK REELING UNIT AT PATTANAKKAD.
R2(a) COPY OF THE MINUTES OF THE MEETING.
W.P.(C) No.35173/2016 & Connected cases
APPENDIX OF WP(C) 40553/2016
PETITIONER'S EXHIBITS
P1 A TRUE COPY OF THE REVIVAL PROJECT
SUBMITTED BY THE PETITIONER SOCIETY TO
THE SATE GOVT.
P2 TRUE COPY OF THE RELEVANT PORTION OF
AUDIT REPORT FOR THE YEARS 1998-99
REGARDING THE THEN NATURE OF
FUNCTIONING OF THE SERFIED.
P3 TRUE COPY OF THE RELEVANT PROTION OF
AUDIT REPROT FOR THE YEARS 2003-14
REGARDIHNG THE THEN NATURE OF
FUNCTIONING OF THE SEIFED.
P4 TRUE COPY OF THE REPRESENTATION DATED
30.6.2014 OF THE PETITIONER FOR THE
SUBMISSION OF REVIVAL PROJECT TO THE
STATE GOVT.
P5 A TRUE COPY OF LETTER NO.CSB-
09/1/KERALA/2012-13/PFAE/VOL-1 DATED
30.3.2015.
P6 TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE RESPONDENT IN WPC NO.
31446/2010.
P7 TRUE COPY OF THE JUDGMENT DATED
20.3.2015 IN WPC NO. 31446/2010 OF
THIS HONOURABLE COURT.
P8 TRUE COPY OF THE GOVERNEMNT ORDER (MS)
NO. 109/2015/ID DATED 05.8.2015.
P9 TRUE COPY OF THE LETTER
NO.9945/K2/2010/ID OF INDUSTRIES (K)
DEPARTMENT, GOVT. OF KERALA DATED
04.3.2015.
P10 TRUE COPY OF THE LETTER NO.
29890/K2/2015/ID OF INDUSTRIES (K)
DEPARTMENT GOVT. OF KERALA, DATED
16.2.2016.
W.P.(C) No.35173/2016 & Connected cases
P11 TRUE COPY OF THE BY3-LAWS OF SERIED
WHICH WRE REGISTERED BY THE REGISTRAR
LTR NO. KB/3928/09/CO-OP DTED
18.6.2016.
P12 TRUE COPY OF THE GOVT. LETTER NO.
21064/K2/2015/ID OF INDUSTRIES
DEPARTMENT DATED 26.3.2916 APPOINTMENT
OF MANAGING DIRECTOR IN SERIFED.
P13 TRUE COPY OF THE LETTER OF REGISTRAR
NO. 13148/15/CO-OP/VOI-III DATED
30.12.2015 FOR CONSTITUTION OF
MONITORING AND REVIEW COMMITTEE.
P14 TRUE COPY OF THE MINUTES OF THE
MEETING HELD ON 29.2.2016.
P15 TRUE COPY OF THE LETTER FROM THE
CENTRAL SILK BOARD ADDRESSED TO THE
PRINCIPAL SECRETARY, INDUSTRIES
DEPARTMENT DATED 14.12.2015 AND
23.2.2016.
P15(A) TRUE COPY OF THE LETTER NO.CSB-90/1
(KERALA) 2012/PFAE DATED 14.7.2016
SENT BY THE CENTRAL SILK BOARD.
P16 TRUE COPY OF THE LETTER DATED
20.4.2016 SENT BY THE CHAIRMAN OF
SERIFED TO STATE GOVT.
P17 TRUE COPY OF THE REQUEST MADE BY THE
MANAGING DIRECTOR OF SERIFED TO THE
PRINCIPAL SECRETARY TO INDUSTRIES
GOVERNEMNT OF KERALA.
P17(A) TRUE COPY OF THE CERNRAL SILK BOARD
LETTER DATED 14.7.2016.
17(B) TRUE COPY OF THE PROCEEDINGS NO.T(I)
SFD-TTSCS/206 DATED 15.3.2016 ISSUED
BY THE MANAGING DIRECTOR, SERIFED.
18 TRUE COPY OF THE MEMORANDUM OF
UNDERSTANDING DATED 22.3.2016.
19 TRUE COPY OF THE NEWS REPORT APPEARED
IN MATHRUBHOOMI DAILY DATED
26.10.2016.
P20 TRUE COPY OF G.O.(RT) NO.25/17/1D
DATED 07.01.2017 ISSUED BY THE 1ST
RESPONDENT.
W.P.(C) No.35173/2016 & Connected cases
EXHIBIT P21 COPY OF THE JUDGMENT DATED 25.03.1999
IN O.P.NO.1175/1998-E
EXHIBIT P22 COPY OF THE STAY ORDER DATED
14.03.2017 ON W.P.(C) NO.8550/2017.
EXHIBIT P23 COPY OF THE STAY ORDER DATED
14.03.2017 ON W.P.(C) NO.8550/2017.
EXHIBIT P24 TRUE COPY OF THE LETTER DATED
17.04.2018 OF MEMBER SECRETARY,
CENTRAL SILK BOARD AGREEING TO RELEASE
THE FUNDS TO THE REVIVAL PROJECT, AS
PER THE REVISED FUNDING SCHEME.
EXHIBIT P25 TRUE COPY OF THE PAPER PRESENTED BY
VICE CHAIRMAN, SERIFED IN THE NATIONAL
WORKSHOP ON 17.05.2018.
EXHIBIT P26 TRUE COPY OF THE PROCEEDINGS OF THE
NATIONAL WORKSHOP HELD IN NEW DELHI ON
17.05.2018.
EXHIBIT P27 TRUE COPY OF THE LETTER FROM THE
REGIONAL OFFICE OF THE CENTRAL SILK
BOARD DATED 20.06.2018 INFORMING THE
STATE GOVERNMENT TO TAKE FOLLOW UP
ACTION ON THE REVIVAL PROJECT.
EXHIBIT P28 TRUE COPY OF THE LETTER FROM CENTRAL
SILK BOARD DATED 31.05.2018 TO
DIRECTOR OF INDUSTRIES AND COMMERCE
FOR CONVENING THE PMC.
EXHIBIT P29 TRUE COPY OF THE MINUTES FROM CENTRAL
SILK BOARD DATED 24.08.2018 ADDRESSED
TO DIRECTOR OF INDUSTRIES AND COMMERCE
TO PROVIDE BUDGET ALLOCATION FOR THE
REVIVAL PROJECT OF SERIFED.
EXHIBIT P30 TRUE COPY OF THE LETTER RECEIVED FROM
THE MANAGING DIRECTOR, KINFRA
INTERNATIONAL APPAREL PARK DATED
01.08.2018.
EXHIBIT P31 TRUE COPY OF THE MINUTES DATED
16.05.2017 WITH COVERING LETTER DATED
27.06.2017.
EXHIBIT P32 TRUE COPY OF THE REPRESENTATION DATED
13.01.2020 SUBMITTED BY THE PETITIONER
SOCIETY.
W.P.(C) No.35173/2016 & Connected cases
APPENDIX OF WP(C) 40618/2016
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE PHOTOCOPY OF THE RELEVANT PAGES
OF THE AUDIT REPORT FOR THE PERIOD OF
1998-99
EXHIBIT P2 A TRUE PHOTOCOPY OF THE RELEVANT PAGES
OF THE AUDIT REPORT OF THE AUDIT
DEPARTMENT FOR THE PERIOD OF 2003-04
EXHIBIT P3 A TRUE PHOTOCOPY OF THE G.O(MS) NO
58/2010/ID DATED 15-03-2010 ISSUED BY
THE GOVERNMENT OF KERALA, STATING
ABOUT THE REDEPLOYMENT OF THE STAFF
MEMBERS WORKING WITH SERIFED TO THE
RURAL DEVELOPMENT AND LOCAL SELF
GOVERNMENT.
EXHIBIT P4 A TRUE COPY OF THE ABOUVE SAID
REVEIVAL PROJECT.
EXHIBIT P5 A TRUE COPY OFTHE COUNTER AFFIDAVIT
FILED BY THE GOVERNMENT IN WP(C)
31446/2010
EXHIBIT P6 A TRUE COPY OF THE FEASIBILITY REPORT,
VIDE LETTER NO CSB-09/1/KERALA 2012-
13/PFAE/VOL 1 DATED 30-03-2015
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT IN WP(C)
NO 31446/2010
EXHIBIT P8 A TRUE COPY OF THE GOVERNMENT ORDER
VIDE (MS) NO 109/ID DATED 05-08-2015
EXHIBIT P9 A TRUE COPY OF THE LETTER DATED 04-03-
2015, ISSUED BY THE 2ND RESPONDENT OT
THE 5TH RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE LETTER DATED 16-02-
2016, ISSUED BY THE 2ND RESPONDENT TO
THE 5TH RESPONDENT.
EXHIBIT P11 A TRUE COPY OF THE AMENDED BY LAWS.
EXHIBIT P12 A TRUE COPY OF THE GOVERNMENT LETTER
DATED 26-03-2016 ISSUED BY THE STATE
GOVERNMENT APPOINTING AS IAS OFFICER
TO HOLD THE FULL ADDITIONAL CHARGE OF
MANAGING DIRECTOR IN SERIFED.
W.P.(C) No.35173/2016 & Connected cases
EXHIBIT P13 A TRUE COPY OF THE LETTER OF REGISTRAR
ON CONSTITUTION OF MONITORING
COMMITTEE.
EXHIBIT P14 A TRUE COPY OF THE MINUTES OF THE
MEETING HELD AT THE HEAD QUARTERS OF
THE CSB, BANGLORE, ON 29-02-2016
EXHIBIT P15 A TRUE PHOTOCOPY OF THE LETTER FROM
CSB FOR SPEEDY EXPEDITION OF THE
TRIPARTITE AGREEMENT ADDRESSED TO THE
PRINCIPAL SECRETARY TO INDUSTRIES
DATED 14-12-2015
EXHIBIT P16 A TRUE PHOTOCOPY OF THE LETTER FROM
CSB FOR SPEEDY EXPENDITION OF THE
TRIPARTITE AGREEMENT ADDRESSED TO THE
PRINCIPAL SECRETARY TO INDUSTRIES
DATED 23-02-2016
EXHIBIT P17 A TRUE COPY OF THE LETTER VIDE NO CSB-
90/1 (KERALA) 2012/PFAE ADDRESSED TO
PRINCIPAL SECRETARY TO INDUSTRIES
DATED 14-07-2016
EXHIBIT P18 A TRUE COPY OF THE LETTER OF CHAIRMAN
OF SERIFED ADDRESSED TO CHIEF
SECRETARY DATED 20-04-2016
EXHIBIT P19 A TRUE COPY OF THE REQUEST MADE BY THE
MANAGING DIRECTOR OF SERIFED TO THE
SECRETARY TO INDUSTRIES DATED 21-06-
EXHIBIT P20 A TRUE COPY OF THE LETTER DATED 14-07-
2016 ADDRESSED BY THE CENTRAL SILD
BOARD TO THE PRINCIPAL SECRETARY TO
LOCAL SELF GOVERNMENT.
EXHIBIT P21 A TRUE COPY OF THE NEWS REPORT
APPEARED IN MATHRUBHUMI DAILY DATED
26-10-2016
EXHIBIT P22 A TRUE COPY OF THE MINUTES OF THE
MEETING OF "NATIONAL WORK SHOP ON SILK
SAMAGRA", HELD ON 17/5/2018, UNDER THE
CHAIRMANSHIP OF THE SECRETARY,
MINISTRY OF TEXTILES, GOVERNMENT OF
INDIA
W.P.(C) No.35173/2016 & Connected cases
EXHIBIT P23 A COPY OF THE LETTER ISSUED BY THE CSB
UNDER THE MINISTRY OF TEXTILES VIDE
ITS LETTER NO.CSB-
37/2(329)/KERALA/PMC/2015-16 DATED
24/8/2018
EXHIBIT P24 A TRIE PHOTOCOPY OF THE COVERING
LETTER OF THE COUNSEL DATED 7/12/2019
EXHIBIT P25 A TRUE COPY OF LETTER
NO.AP/ADMN/01/148/18-19 DATED
01/08/2018
RESPONDENTS' EXTS:
R1(a) COPY OF LETTER DT 8.9.2017 ISSUED BY CSB
NOMINATING MEMBER FOR PREPARATION OF PROJECT REPORT.
R1(b) COPY OF LETTER ADDRESSED BY PETITIONER TO CHIEF
SECRETARY DT 28.7.2017.
R1(c) COPY OF LETTER STATING ABOUT THE DETAILS OF
RELEASING OF RIAB FUND DT 22.11.2017.
R1(d) COPY OF LETTER GIVEN BY DIRECTOR OF INDUSTRIES
AND COMMERCE SHOWING DETAILS OF FUND RELEASED YEARWISE
DT 4.12.2017.
R1(e) COPY OF REPORT SENT BY SECRETARY, KK & VI BOARD
DT 25.2.2017.
W.P.(C) No.35173/2016 & Connected cases
APPENDIX OF WP(C) 8550/2017
PETITIONER'S EXHIBITS
EXHIBIT P1: TRUE COPY OF THE GOVERNMENT ORDER
DTD.15.3.2010
EXHIBIT P2: TRUE COPY OF THE DETAILED
REPRESENTATION
EXHIBIT P3: TRUE COPY OF THE COUNTER AFFIDAVIT IN
WPC NO.31446/10
EXHIBIT P4: TRUE COPY OF THE JUDGMENT DTD
20/03/2015 IN WPC NO.31446/10
EXHIBIT P5: TRUE COPY OF THE FEASIBILITY REPORT
SUBMITTED BY THE CSB
EXHIBIT P6: TRUE COPY OF THE GOVERNMENT ORDER DTD
05.08.2015 SANCTIONING THE REVIVAL
PROJECT
EXHIBIT P7: TRUE COPY OF THE REFERENCE ORDER IN
CONTEMPT CASE NO.1494/16
EXHIBIT P8: TRUE COPY OF THE ORDER DTD 07.01.2017
EXHIBIT P9: TRUE COPY OF THE PAPER REPORT DTD IN
MALAYALA DAILY (MATHRUBHOOMI)
EXHIBIT P10 TRUE COPY OF ORDER IN I.A NO.2/2017 IN
WPC NO.40553/2016 DTD 26/3/2019.
EXHIBIT P11 TRUE COPY OF LETTER ISSUED FROM THE
CENTRAL SILK BOARD DTD 24/8/2018 TO
THE DIRECTOR , DIRECTOR OF INDUSTRIES
AND COMMERCE.
W.P.(C) No.35173/2016 & Connected cases
APPENDIX OF WP(C) 15961/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED
20.3.2015 IN W.P.(C)31446/2010.
EXHIBIT P2 TRUE COPY OF THE GO(MS) NO.109/2015/ID
DATED 5.8.2015.
EXHIBIT P3 TRUE COPY OF THE ORDER
GO(RT)NO.25/17/ID DATED 7.1.2017
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 8.5.2020
ISSUED BY THE 2ND RESPONDENT.
RESPONDENTS' EXTS:
R1(a) TRUE COPY OF AFFIDAVIT IN WPC.40553/16.
R1(b) TRUE COPY OF STATEMENT IN WPC.35173/16.
R1(c) TRUE COPY OF GO(MS) NO.58/2010/ID DT 15.3.2010.
R1(d) TRUE COPY OF REPORT BY KHADI BOARD SECRETARY DT
25.2.2017.
