Kerala High Court

Mathews P.J vs Federation Of Kerala Sericulture ... 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. 1296 OF 2022
     AGAINST JUDGMENT DATED 21/01/2022 IN WP(C) 8550/2017 OF THIS COURT
APPELLANTS/3RD PARTY:

  1. MATHEWS P.J., PALAKAT HOUSE, PERUMPILLY P.O., MULANTHURUTHY,
     ERNAKULAM DISTRICT, PIN - 682 314.
  2. UBAIS A.H., AMIYAN HOUSE, N.A.D.P.O., NOCHIMA, ALUVA, ERNAKULAM
     DISTRICT, PIN - 683 563.
  3. NOUSHAD P.M., PADANNATT HOUSE, THRIKKAKARA P.O., ERNAKULAM DISTRICT,
     PIN - 682 021.
  4. SHAJI V.R., VADAKKEATHIRKANDATHIL, THEKKUMBAGAM, TRIPUNITHURA,
     ERNAKULAM DISTRICT, PIN - 682 301.
  5. MEENA T.M., CHALUMKANDATHIL, THAIKKATTUKARA P.O., ALUVA, ERNAKULAM
     DISTRICT, PIN - 683 106.
  6. MUHAMMED MADANI K.V., WORKING AS ASSISTANT SERICULTURE OFFICER,
     K.V.HOUSE, MARUTHIYAD, KUTTIYERI P.O., TALIPARAMBA, KANNUR DISTRICT,
     PIN - 670 142.
  7. JOJO ALEX, WORKING AS SENIOR CLERK, KAVUKATTU HOUSE, PALAVAYAL P.O.,
     CHERUPUZHA(VIA), KASARAGOD DISTRICT, PIN - 670 511.
  8. JOMON LOUIS, VARANAKUZHIYIL, KADAPLAMATTOM, KOTTAYAM DISTRICT, PIN -
     686 571.
  9. REKHA LOUIS NEENDUSERI, VALLICHIRA, PALA, KOTTAYAM DISTRICT, PIN -
     686 592.
 10. GEETHAKUMARI R.D. D.R.BHAVAN, ANAKUDY, VAMANAPURAM P.O.,
     THIRUVANANTHAPURAM DISTRICT, PIN - 695 606.
 11. SALIM KUMAR A., YASRIB, NJARAYIKONAM P.O., MADAVOOR, PALLICKAL,
     THIRUVANANTHAPURAM DISTRICT, PIN - 695 602.
 12. ABOOBAKER KUNJU M.S., CRESCENT, PRA - 61B, NEAR GANAPATHY TEMPLE,
     PUNNAKKAMUGAL, ARAMADA P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695
     032.
 13. N.SHEELA, TC 43/498(5), ROOHAMA, GANGA NAGAR (70A), MANACAUD P.O.,
     THIRUVANANTHAPURAM DISTRICT, PIN - 695 009.
 14. S.SANAL KUMAR, 'KARTHIKA', KARIKKAKOM P.O., THIRUVANANTHAPURAM
     DISTRICT, PIN - 695 021.
 15. KARUNAKARAN S., WORKING AS SENIOR CLERK, KIZHAKKE VEEDU, PANAYUR
     P.O., POLPULLY, PALAKKAD DISTRICT, PIN - 678 552.
 16. MOHANDAS GANDHI M., WORKING AS CLERK, NATTUKAL P.O., CHITTUR,
     PALAKKAD DISTRICT, PIN - 678 554.
 17. SAIRAM KUMAR P., SUKHADAM, 12/443, PANAMTHODI, POLPULLY P.O.,
     PALAKKAD DISTRICT, PIN - 678 552.
 18. RAJESHKUMAR K.R., KANATTUKARA HOUSE, WADAKKENCHERY P.O.,
     OTTUPARA,THRISSUR DISTRICT, PIN - 680 582.
 19. STEPHEN C.J., CHIRAYATH MANGIEL HOUSE, VYASAGIRI P.O.,
     WADAKKENCHERY, THRISSUR DISTRICT, PIN - 680 623.
  20. PRASANNA KUMARI M., KIZHAKKE ECHARATH HOUSE, PUTHURKKARA, AYYENTHOLE
     P.O., THRISSUR DISTRICT, PIN - 680 003.
 21. ALIMON K.K., KERANTAKATH HOUSE, THIRUVATHRA P.O., CHAVAKKAD,
     THRISSUR DISTRICT,PIN - 680 516.
 22. BIJU V.B., VADASSERY HOUSE, MAMMIYOOR P.O., GURUVAYUR, THRISSUR
     DISTRICT, PIN - 680 101.
 23. JAIZIN JOSEPH, NEENDUSSERI VALLICHIRA P.O., PALA, KOTTAYAM DISTRICT,
     PIN - 686 574.
 24. RAJESH G.K., R.B.V.BHAVAN, THATTATHUMALA P.O., THIRUVANANTHAPURAM
     DISTRICT, PIN - 695 614.
 25. ASHRAF P.P., PUTHIYAPURAYIL HOUSE, SREEKANTAPURAM P.O.,
     PAZHAYANGADI, KANNUR DISTRICT, PIN - 670 631.
 26. BIJU G., PADIPPURA VEEDU, CHERIYAVELINALLUR P.O., KOLLAM DISTRICT,
     PIN - 691 516.

BY ADVS.M/S. T.R.HARIKUMAR & ARJUN RAGHAVAN.

RESPONDENTS/PETITIONER & RESPONDENTS IN WP(C):

  1. FEDERATION OF KERALA SERICULTURE CO-OPERATIVE SOCIETIES (HEREINAFTER
     CALLED AS ('SERICOS') FLAT NO.4D, HEERA HERITAGE, JAGATHY,
     TRIVANDRUM, PIN - 695 004, REPRESENTED BY ITS JOINT SECRETARY,
     RAJESH V.R., AGED 43 YEARS, S/O.LATE RAJAPPAN NAIR, RESIDING AT
     VANCHIMALAYIL HOUSE, KUTTOOR P.O., THIRUVALLA, PIN - 689 106.
  2. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
     SECRETARIAT, TRIVANDRUM - 695 001.
  3. PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES, GOVERNMENT
     SECRETARIAT, TRIVANDRUM, PIN - 695 001.
  4. PRINCIPAL SECRETARY TO FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
     TRIVANDRUM, PIN - 695 001.

BY ADV. T.V.GEORGE FOR R1.

GOVERNMENT PLEADER FOR R2 TO 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 stay the operation of the judgment dated 21-01-2022 in WP(C) No. 8550
of 2017 to the extend it direct to conduct an enquiry and investigate into
the action of the nominated board of directors of the SERIFED in
recruiting about 300 employees in SERIFED and also in absorbing 271
employees into the government services and also other departments, pending
disposal of the writ appeal.
     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