Kerala High Court
Kerala State Beverages (Manufacturing ... vs Joju K.J on 15 December, 2023
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
&
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 15TH DAY OF DECEMBER 2023/24TH AGRAHAYANA, 1945
WA NO.1884 OF 2018
JUDGMENT IN WP(C) 40972/2016 OF HIGH COURT OF KERALA
DATED 27.2.2018
-------------------
APPELLANT/1ST RESPONDENT :-
KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
CORPORATION LTD, BEVCO TOWER, VIKAS BHAVAN PO,
PALAYAM, THIRUVANANTHAPURAM - 695 033
REPRESENTED BY THE MANAGING DIRECTOR
BY ADV NAVEEN.T
RESPONDENTS/PETITIONERS & RESPONDENTS 2 TO 5 :-
1 JOJU K.J.,
S/O.JOSHY.P.K, NEDUMPILLIL HOUSE, SOUTH PARAVOOR PO,
POOTHOTTA, ERNAKULAM, PIN - 682 320.
2 KRISHNAKUMAR K,
S/O.LATE KANTHASWAMY, KALIMEDUMATTUMANTHA,
NELLEPILLY P.O, PALAKKAD, PIN - 678 553.
3 SANDEEP A.M
AMBALATHUMKUDY HOUSE, NORTH MAZHUVANNOOR P.O,
ERNAKULAM - 686 689.
4 ANTONY C. JOHNSON,
POOTHOTTUKONAM HOUSE, AMARAVATHI P.O,
KUMALI, IDUKKI DISTRICT, PIN - 685 509.
5 SHANIL K.V,
KOROTH HOUSE, VARAM P.O, KANNUR - 670 594.
6 SHALAN S.K
THAIPLAMVILA HOUSE, EDAKKIDAM, EZHUKONE,
KOTTARAKKARA, KOLLAM, PIN - 691 505.
7 GIREESH,
VELUTHETHODI HOUSE, ERATHIMANGAD P.O, NILAMBUR,
MANNUPADAM, MALAPPURAM - 679 343.
WA NO.1884 OF 2018
-: 2 :-
8 ANIL S
CHENCHERIYIL, THAZHATHCHERI, KOOTIKADA P.O,
KOLLAM, PIN - 691 012.
9 JAYAPRASAD T,
POOVADIYIL HOUSE, CHERIYELA, ALUMOOD P.O,
KOLLAM, PIN - 691 577.
10 P.P.SANOOJ,
PUNNAKKATTUPARAMBIL HOUSE, VILAYOOR P.O,
PATTAMBI, PALAKKAD, PIN - 679 309.
11 SREEJITH,
PATHRIKKADU HOUSE, CHEMMATHIRIKADU P.O,
MALAPPURAM, PIN - 679 325.
12 MANU S. NAIR,
NADUKKEULIYIL HOUSE, THEKKETHUKAVALA P.O,
CHIRAKADAVU, KOTTAYAM, PIN - 686 519.
13 REGHULAL R,
REGHUBHAVAN, KOOTAKATTUSERIYIL, L.S P.O,
NOORANAD, MAVELIKKARA, PIN - 690 571.
14 RAVIKANTH
S/O.RAVI, NARAYANEEYAM, KUDAMUKKU, MAMMOODU P.O,
PATHANAMTHITTA, PIN - 689 513.
15 THE CHIEF WELFARE FUND INSPECTOR,
KERALA ABKARI WORKERS WELFARE FUND BOARD,
KCP BUILDINGS, ARYASALA, THIRUVANANTHAPURAM,
PIN - 695 036.
16 KERALA ABKARI WORKERS WELFARE FUND BOARD,
REPRESENTED BY THE CHIEF WELFARE FUND INSPECTOR,
KCP BUILDING, ARYASALA, THIRUVANANTHAPURAM,
PIN - 695 036.
17 THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF LABOUR AND REHABILITATION,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
18 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
TAXES DEPARTMENT, GOVERNMENT OF KEREALA,
WA NO.1884 OF 2018
-: 3 :-
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADVS.
DEEPU THANKAN
SRI.T.A.SHAJI (SR.)
UMMUL FIDA
LAKSHMI SREEDHAR
SRI.S.KRISHNAMOORTHY
SRI.V.TEKCHAND, SR.GP
NAMITHA JYOTHISH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO.1884 OF 2018
-: 4 :-
JUDGMENT
Dated this the 15th day of December, 2023
Anu Sivaraman, J.
This Writ Appeal is preferred by the Kerala State
Beverages (Manufacturing and Marketing) Corporation Ltd.
as against the judgment of the learned Single Judge directing
the Government to extend the benefit that has been extended
to the petitioner in W.P.(C) No.20409/2015 to petitioners 2, 3
and 14 in the instant writ petition. The said direction has
been issued on the finding that the said writ petitioners were
minors as on the date of Ext.P1 Scheme and they could not
have made applications within the time as provided. It was,
therefore, found that they are entitled for appointment in
terms of the Scheme which are formulated by the Government
in exercise of its executive powers.
2. It is contended by the learned counsel appearing for
the appellant Corporation that the Scheme had a specific
provision with regard to the making of applications and that
the petitioners, who admittedly did not make such
applications within time and whose names were not included
WA NO.1884 OF 2018
in the list initially forwarded by the Board for regularisation,
could not thereafter, make a claim. It is contended that the
date of birth and the date of making of application as provided
by the petitioners in the writ petition are only the contentions
raised by them and that without verification of the same, the
direction issued to the Government to grant the benefits to
the petitioners also was misconceived.
3. The learned counsel appearing for the party
respondents would, on the other hand, contend that the
details of the petitioners, their date of birth, date of death of
the abkari worker as also the date of application was
specifically provided in the writ petition by filing an affidavit
and that the said affidavit was not disputed either by the
Corporation or by the Government or the Welfare Fund Board.
It is further contended that petitioners 2, 3 and 14 who are
respondents 2, 3 and 14 herein are ready and willing to
approach the Government with all the details regarding their
date of birth, date of application as well as the date of death
of the abkari worker concerned and that the Government may
be directed to look into their credentials and to take a
WA NO.1884 OF 2018
decision in accordance with law, in the light of Annexure
R2(a) and Ext.P9 judgments.
4. Having considered the contentions advanced on
either side and after having heard the learned counsel
appearing for the appellant, the party respondents, the
Government as well as the learned counsel for the Board, we
are of the opinion that the said procedure can be directed to
be adopted.
In the above view of the matter, this Writ Appeal is
disposed of with the following directions :-
The directions contained in the judgment of the
learned Single Judge that the Government shall extend the
benefit to petitioners 2, 3 and 14 is modified. The
respondents 2, 3 and 14 shall approach the Government with
the details of their date of birth, the date of death of the
abkari workers concerned as also the date of their application
in terms of the Scheme. The Government shall look into the
documents to be produced by the said party respondents and
shall take an appropriate decision in accordance with law,
taking note of Ext.P9 as well as Annexure R2(a) judgment.
WA NO.1884 OF 2018
The Government will be free to call for any report or
document from the Board or the Corporation for verifying the
said documents. Necessary shall be done within a period of
three months from the date of receipt of a copy of this
judgment.
Sd/-
ANU SIVARAMAN
JUDGE
Sd/-
C. PRATHEEP KUMAR
JUDGE
Jvt/16.12.2023
WA NO.1884 OF 2018
RESPONDENT'S ANNEXURES :-
Annexure R2(a) TRUE COPY OF THE JUDGMENT OF THE LEARNED SINGLE
JUDGE IN W.P.No.1159/2019 DATED 17/07/2020 AND
CONNECTED CASES.
Annexure R2(b) TRUE COPY OF THE GOVERNMENT ORDER DATED
24/3/2021.
Annexure R2(c) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO
RENJITH V.R., PALAKKAD DATED 4.5.2021.
Annexure R2(d) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO
SUDHEESH M, PALAKKAD DATED 4.5.2021.
Annexure R2(e) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO
PRASEEN P., PALAKKAD DATED 4.5.2021.
