Kerala High Court
State Of Kerala vs Kerala State Sericulture Co-Operative ... on 9 April, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE EASWARAN S.
Tuesday, the 9th day of April 2024 / 20th Chaithra, 1946
WA NO. 824 OF 2022
AGAINST JUDGMENT DATED 21/1/2022 IN WP(C) 15961/2020 OF THIS COURT
APPELLANTS/RESPONDENT NOS. 1 TO 3 IN W.P.(C):
1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, 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
BY GOVERNMENT PLEADER
RESPONDENTS/PETITIONER & RESPONDENT NOS. 4 & 5 IN W.P.(C):
1. KERALA STATE SERICULTURE CO-OPERATIVE FEDERATION 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
2. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF TEXTILES,
UDYOGBHAVAN, WEST BLOCK 7, R.K. PURAM, NEW DELHI - 110 066
3. CENTRAL SILK BOARD, REPRESENTED BY ITS MEMBER SECRETARY AND CHIEF
EXECUTIVE OFFICER, MINISTRY OF TEXTILES, GOVERNMENT OF INDIA, 100
FT.RING ROAD, B.T.M LAYOUT, MADIWALA, BANGALORE - 560 068
BY ADV. LIJU.V.STEPHEN FOR R1
T.C. KRISHNA, CGC, FOR R2 & R3
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment of the Learned Single Judge dated
21.01.2022 in Writ Petition No. 15961/2020 and other connected cases.
This Writ Appeal coming on for orders along with connected cases on
09/04/2024, upon perusing the appeal memorandum, the court on the same day
passed the following
AMIT RAWAL & EASWARAN S, JJ.
-------------------------------------------------------
W.A No.702, 445, 824, 1273, 1274, 1295, 1296, 1432, 1919 of
2022, 34 of 2023
----------------------------------------------------
Dated this the 9th day of April, 2024
ORDER
Amit Rawal, J.
Number of writ petitions came to be filed in this court, in
earlier round of litigation, against the action of the State for
appointing a liquidator for winding up of Kerala State
Sericulture Co-operative Apex Society Limited (SERIFED).
The said order was quashed by this Court in WP(C) No.31446
of 2010 vide order dated 20.3.2015. The State Government
was directed to consider revival of the SERIFED as SERIFED
had few Taluk Co-operative Societies and other Societies for
procurement of the raw materials. Central Silk Board of
Central Government had decided in unison to promote
sericulture in the State of Kerala and had agreed to provide
80% of the grant. The Government after having given thought
of extending financial assistance to the extent of 20%, held
many meetings and passed orders but finally retraced vide
order dated 8.5.2023. The said order was assailed through
many writ petitions before the Single Bench of this Court. Out
of the funds provided by the Central Government, the
Committee elected from time to time against the requirement
W.A No.702 of 2022 and conctd. case
of 25 people in all, appointed 300 employees. Noticing all
these irregularities and ambiguities much less malpractices,
slew of directions extracted below were issued by the Single
Bench including the quashment of the order.
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; 2022:KER:3748 W.P.
(C) No.35173/2016 & Connected cases : 69 : (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; 2022:KER:3748 W.P.(C)
No.35173/2016 & Connected cases : 70 : (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.
W.A No.702 of 2022 and conctd. case
It is in that background, the State, Co-operative Society
and employees have approached this Court. The directions
extracted above would reveal that State has been directed to
hold the enquiry. We are of the prima facie view that the State
would not be an appropriate body to hold an enquiry with
regard to the conduct of the committee manning the SERIFED
at a relevant point of time viz-a-viz the
appropriation/misappropriation of the Central funds. Union of
India is also a party in few of the writ appeals.
Mr. T.C Krishna present in court has been requested to take a
instructions from the Central Silk Board, Ministry of Textiles
with regard to the observations recorded in the aforementioned
and further cause of action. Post on 31.5.2024 as part heard.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN. S
JUDGE
sab
09-04-2024 /True Copy/ Assistant Registrar
