Kexcon Employees Union (Intuc) vs State Of Kerala
2023 Latest Caselaw 362 Ker

WP(C) NO. 21535 OF 2016             1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                    WP(C) NO. 21535 OF 2016


PETITIONER/S:

          KEXCON EMPLOYEES UNION (INTUC)
          REG NO 2/16/2013 REPRESENTED BY ITS GENERAL
          SECRETARY, GOPAN KUTTICHIRA, AGED 49 YEARS,
          S/O SADASHIVAN UNNITHAN, RESIDING AT RAJANAI
          MANDIRAM, MATHIAGANAGAR 14, KALUTHANAM P.O,
          KILLIKOLLOOR, KOLLAM-4

          BY ADV SRI.B.RENJITHKUMAR


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETARY,
          THIRUVANANTHAPURAM 695 001

    2     KERALA EX-SERVICE MEN & WELFARE REHABILITATION
          CORPORATION
          REPRESENTED BY ITS MANAGING DIRECTOR,
          KEXCON, OPP AMRITHA HOTEL, THYCAUD,
          THIRUVANANTHAPURAM 695 001.

    3     KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.
          (MILMA)
          REPRESENTED BY ITS MANAGING DIRECTOR,
          KSHEERA BHAVAN, PATTOM P.O,
          THIRUVANANTHAPURAM 695 004.

          ADDITIONAL R4 IMPLEADED

          ELEGANT ASSOCIATES,
    4     REPRESENTED BY ITS CHIEF EXECUTIVE,
 WP(C) NO. 21535 OF 2016                2



             PERUMPILLY BUILDING,
             OPP.MAHARAJA'S COLLEGE GROUND,
             MG ROAD, ERNAKULAM-682011
             IMPLEADED AS PER ORDER DATED 09/11/2016 IN IA
             NO.10796/2016.

             BY ADVS.
             SRI.K.ANAND SR.
             SMT.LATHA ANAND
             SRI.R.S.KALKURA, SC, KEXCON


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.01.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 21535 OF 2016                         3



                                     JUDGMENT

The petitioner, Kexcon Employees Union (INTUC), is a registered trade

union established for the welfare of the Ex-servicemen. They have

approached this Court seeking to quash Ext.P4 tender calling for security

services on a contract basis. The contention of the petitioner is that Ext.P4

was issued without taking note of Exts.P1 and P2. It is in the afore

circumstances that this writ petition is filed seeking the following reliefs:

i) Issue a writ of certiorari or any other appropriate writ or

order to quash Ext.P4.

ii) Issue a writ of mandamus or any other appropriate writ,

order, or direction commanding the 3rd respondent to comply

with Exts.P1 and P2.

2. The learned counsel appearing for the petitioner submitted that while

issuing tenders, the directions issued in Exhibits P1 and P2 are to be adhered

to.

3. The learned counsel appearing for the respondents submitted that

the prayers sought have become infructuous.

4. It appears that no interim order was granted by this Court at any

point of time. I find from Ext.P4 that the period of the Security Services

Contract is valid for a period of two years from the midnight of 31.05.2016.

The said period is long since expired.

In that view of the matter, the prayer sought has become infructuous.

This writ petition is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 21535/2016

PETITIONER(S) EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE ORDER NO G.O(MS) NO 179/05/GAD DATED 04-06-2005 EXHIBIT P2 TRUE COPY OF THE ORDER NO 134/05/GAD DATED 12-12-2005.

EXHIBIT P3 TRUE COPY OF THE RODER NO G.O(P) NO 28/2016/FIN DATED 26-02-2016 EXHIBIT P4 TRUE COPY OF THE TENDER ISSUED BY THE 3RD RESPONDENT DATED 17-05-2016.

RESPONDENTS(S) EXHIBITS :

EXHIBIT R3(a) TRUE COPY OF THE COMPARATIVE STATEMENT OF THE QUOTATIONS.

EXHIBIT R2(a) TRUE COPY MEMORANDUM OF ASSOCIATION OF THE 2ND RESPONDENT.

EXHIBIT R2(b) TRUE COPY OF GO (MS) 179/2005/GAD DATED 4.6.2005.

EXHIBIT R2(c) TRUE COPY OF THE OFFICE MEMORANDUM NO.6/22/93-DPE(SC-ST CELL) DATED 4.10.2005 ISSUED BY THE GOVERNMENT OF INDIA EXHIBIT R2(d) TRUE COPY OF THE OFFICE MEMORANDUM DATED 9.7.2012 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, DEPARTMENT OF EX-SERVICEMEN WELFARE EXHIBIT R2(e) TRUE COPY OF THE CIRCULAR NO.134/05/GAD DATED 12.12.2005 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT R2(f) TRUE COPY OF THE CIRCULAR NO.70307/12/GAD DATED 1.10.2012 ISSUED BY THE 1ST RESPONDENT EXHIBIT R2(g) TRUE COPY OF THE AGREEMENT DATED 1.6.2015 ENTERED INTO BETWEEN THE 2ND RESPONDENT AND THE 3RD RESPONDENT EXHIBIT R2(h) TRUE COPY OF THE LETTER DATED 10.5.2016 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT

EXHIBIT R2(i) TRUE COPY OF THE LETTER DATED 26.5.2016 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT INFORMING THE 3RD RESPONDENT EXHIBIT R2(j) TRUE COPY OF THE LETTER DATED 15.06.2016 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT EXHIBIT R2(k) TRUE COPY OF THE LETTER DATED 20.5.2016 ISSUED BY THE 2ND RESPONDENT TO THE SECRETARY TO THE GOVERNMENT OF KERALA, GENERAL ADMINISTRATION, SAINIK WELFARE DEPARTMENT.