Kerala High Court
Thiruvananthapuram Taluk ... vs State Of Kerala on 13 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Monday, the 13th day of June 2022 / 23rd Jyaishta, 1944
WA NO. 445 OF 2022
AGAINST JUDGMENT DATED 21-1-2022 IN WP(C) 40553/2016 OF THIS COURT
---
APPELLANT/PETITIONER:
THIRUVANANTHAPURAM TALUK SERICULTURE CO-OPERATIVE SOCIETY LTD.NO. KV
IND(T) 309, THIRUVANANTHAPURAM-695 501, REPRESENTED BY ITS
SECRETARY.
BY ADV.SRI.D.SOMASUNDARAM
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
AND 3 OTEHRS.
BY GOVERNMENT PLEADER FOR R1 TO R3
ADV.SRI.T.V.GEORGE FOR R4
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an interim order staying operation and implementation of the
judgment in W.P.40553 of 2016 directing to constitute three member
committee and to formulate fresh project report and issue further
direction to the respondents to provide financial assistance as directed
in Annexure-II interim order, pending disposal of the Writ Appeal.
This Writ Appeal again coming on for orders along with connected
case on 13/06/2022 upon perusing the appeal memorandum and this court's
order dated 08/04/2022, the court on the same day passed the following:
P.T.O.
S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
---------------------------------------------------------
W.A. Nos. 445 & 702 of 2022
---------------------------------------------------------
Dated this the 13TH day of June, 2022.
ORDER
S. MANIKUMAR,CJ.
W.A.No. 702 of 2022
By a common judgment dated 21st January, 2022 in W.P.(C) No.
35173 of 2016 and batch, writ court issued the following directions:
"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;
(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 ThreeMember 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 ThreeMember 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, PostCocoon
Sector and Silk Weaving in Kerala, within a further period of
two months from the date of receipt of the Project Report;
(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., Thiruvananthapuram695 033."
2. Being aggrieved by the judgment in W.P.(C) No. 40553 of
2016, one of the writ petitioners in the common judgment,
Thiruvananthapuram Taluk SERICULTURE CO-OPERATIVE SOCIETY
LTD.NO. KV. IND(T) 309 has filed W.A. No. 445 of 2022, in which a
Hon'ble Division Bench of this Court, on 8 th April, 2022, has passed the
following order:
"Admit.
Government Pleader takes notice for respondents 1 to 3.
Issue notice by speed post to the fourth respondent. Acceptance
of the fresh Project Report on the feasibility of revival of
SERIFED, PostCocoon Sector and Silk Weaving in Kerala,
directed to be formulated and submitted to the first respondent
in terms of the impugned judgment will be subject to the
outcome of the writ appeal.
List this matter in the reopening week."
3. Instant appeal is filed by the State of Kerala and others
against the judgment dated 21.01.2022 in W.P.(C) No. 35173 of 2016,
which is part of the common judgment referred to in the foregoing
paragraphs.
4. Since the very same directions have already been challenged
in W.A.No. 445 of 2022 and that the same is admitted, we deem it fit
to admit the instant appeal also.
5. Accordingly, this appeal is also admitted. Sri. Liju V. Stephen
takes notice for the Kerala State Sericulture Co-operative Apex Society
Ltd. No. K.V. IND-2, Thiruvananthapuram, respondent No.1. Sri. S.
Manu, Assistant Solicitor General of India, takes notice for the Union of
India, represented by its Secretary, Ministry of Textiles, New Delhi,
respondent No.2.
6. Post the matter after three weeks along with W.A. No. 445 of
2022.
W.A.No. 445/2022
It is submitted that the direction issued as early as on 8 th April,
2022 is not complied with. State of Kerala represented by its Chief
Secretary, Industries (K) Department, Government Secretariat,
Thiruvananthapuram-695 001, respondent No.1, is directed to file an
affidavit detailing the steps taken pursuant to the order dated
08.04.2022.
sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
13-06-2022 /True Copy/ Assistant Registrar
