Kerala High Court
Mathews P.J vs Thiruvananthapuram Taluk Sericulture ... on 7 April, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:32801
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 1919 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 21.01.2022 IN WP(C) NO.8550
OF 2017 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS IN WPC:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL SECRETARY, DEPARTMENT OF
INDUSTRIES,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE PRINCIPAL SECRETARY TO FINANCE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695001
BY ADV GOVERNMENT PLEADER
RESPONDENT/PETITIONER IN WPC:
FEDERATION OF KERALA SERI CULTURE CO-OPERATIVE
SOCIETIES (HEREINAFTER CALLED AS 'SERICOS',
FLAT NO. 4D,
HEERA HERITAGE, JAGATHY,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
2
TRIVANDRUM REPRESENTED BY ITS JOINT SECRETARY,
RAJESH V.R, AGED 39 YEARS,
S/O LATE RAJAPPAN NAIR
RESIDING AT VANCHIMALAYIL HOUSE,
KUTTOOR.P.O, TIRUVALLA, PIN- 689106, PIN - 695004
BY ADV T.V.GEORGE
SR GP SRI T K VIPINDAS
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.34/2023, 702/2022 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 34 OF 2023
AGAINST THE JUDGMENT DATED 21.02.2022 IN WP(C) NO.40553 OF
2016 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS. 1 TO 3 IN WPC:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL SECRRETARY,
DEPARTMENT OF INDUSTRIES,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAP[URAM, PIN - 695001
3 FINANCE SECRETARY TO GOVERNMENT OF KERALA
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY ADV GOVERNMENT PLEADER
RESPONDENTS/PETITIONER & RESPONDENT NO.4 IN WP(C):
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
4
1 THIRUVANANTHAPURAM TALUK SERICULTURE CO-OPERATIVE
SOCIETY LTD.NO.KVIND(T) 309,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695509
2 KERALA STATE SERICULTURE CO-OPERATIVE APEX SOCIETY
LTD.NO.KVIND 2(SERIFED) T.C 16/1709(2)
ULLOOR LANE,DPI JUNCTION, THIRUVANANTHAPURAM,
REP[RESENTED BY THE MANAGING DIRECTOR, PIN - 695004
BY ADVS.
D.SOMASUNDARAM
SRI.T.V.GEORGE, SC., SERIFED
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 702 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.35173 OF
2016 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS. 1 TO 3 IN WPC:
1 STATE OF KERALA REPRESENTED BY IT'S CHIEF SECRETARY
INDUSTRIES(K) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY
DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE COMMISSIONER FOR RURAL DEVELOPMENT
DIRECTORATE OF SERICULTURE, GOVERNMENT OF KERALA,
SWARAJ BHAVAN, NANTHANCODE, KOWDIAR POST,
THIRUVANANTHAPURAM, PIN - 695003
BY ADV GOVERNMENT PLEADER
RESPONDENTS/PETITIONER & RESPONDENT NO.4 IN WPC:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
6
1 KERALA STATE SERICULTURE CO-OPERATIVE APEX SOCIETY LTD.
NO. K.V.IND-2,(SERIFED) REPRESENTED BY IT'S CHAIRMAN
VICTOR T.THOMAS)
TC NO.16/1709(2), ULLOOR LANE, DPI JUNCTION,
THIRUVANANTHAPURAM, PIN - 695014
2 UNION OF INDIA REPRESENTED BY IT'S SECRETARY, MINISTRY
OF TEXTILES
UDYOGBHAVAN, WEST BLOCK 7, R.K. PURAM, NEW DELHI, PIN -
110066
BY ADVS.
LIJU.V.STEPHEN
SHRI.T.C.KRISHNA, SCGC
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 824 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.15961 OF
2020 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS. 1 TO 3 IN WPC:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY
DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE COMMISSIONER FOR RURAL DEVELOPMENT
DIRECTORATE OF SERICULTURE, GOVERNMENT OF KERALA,
SWARAJ BHAVAN, NANTHENCODE, KOWDIAR POST,
THIRUVANANTHAPURAM, PIN - 695003
BY ADV PUBLIC PROSECUTOR
RESPONDENTS/PETITIONER & RESPONDENT NOS. 4 & 5 IN WPC:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
8
1 KERALA STATE SERICULTURE CO-OPERATIVE FEDERATION
LTD.NO. K.V.IND-2, (SERIFED),
TC NO. 16/1709(2), ULLOOR LANE, DPI JUNCTION,
THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS CHAIRMAN
VICTOR.T. THOMAS, PIN - 695014
2 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF TEXTILES,
UDYOGBHAVAN, WEST BLOCK 7, R.K. PURAM,
NEW DELHI, PIN - 110066
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, PIN - 560068
BY ADVS.
LIJU.V.STEPHEN
SMT.O.M.SHALINA, CGC
KRISHNA T C
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 1273 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.15961 OF
2020 OF HIGH COURT OF KERALA
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,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
10
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.
0 GEETHAKUMARI R.D,
D.R BHAVAN, ANAKUDY, VAMANAPURAM P.O,
THIRUVANANTHAPURAM DISTRICT-PIN-695 606.
11 SALIM KUMAR A,
YASRIB, NJARAYILKONAM 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,
T.C-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.,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
11
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, WADAKENCHERY P.O, OTTUPARA,
THRISSUR DISTRICT-PIN-680 582.
19 STEPHEN C.J,
CHIRAYATH MANGIEL HOUSE, VYASAGIRI P.O, WADAKKENCHERY,
THRISSUR DISTRICT-PIN-680 623.
0 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, T
HRISSUR 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,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
12
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.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS/PETITIONER & RESPONDENTS IN WPC:
1 KERALA STATE SERICULTURE CO-OPERATIVE FEDERATION LTD.
NO.K.V IND-2 (SERIFED), T.C NO.16/1709 (2), ULLOOR
LANE, DPI JUNCTION, THIRUVANANTHAPURAM-695 014,
REPRESENTED BY ITS CHAIRMAN VICTOR T.THOMAS.
2 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF
KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE SECRETARY,
DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4 THE COMMISSIONER
FOR RURAL DEVELOPMENT, DIRECTORATE OF SERICULTURE,
GOVERNMENT OF KERALA, SWARAJ BHAVAN, NANTHANCODE,
KOWDIAR POST, THIRUVANANTHAPURAM-695 003.
5 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF TEXTILES,
UDYOGBHAVAN, WEST BLOCK 7, R.K. PURAM,
NEW DELHI-110 066.
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
13
6 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, KARNATAKA.
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 1274 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.35173 OF
2016 OF HIGH COURT OF KERALA
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,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
15
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, KAV 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.
0 GEETHAKUMARI R.D,
D.R BHAVAN, ANAKUDY, VAMANAPURAM P.O,
THIRUVANANTHAPURAM DISTRICT-PIN-695 606.
11 SALIM KUMAR A,
YASRIB, NJARAYILKONAM 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,
T.C-43/498(5), ROOHAMA, GANGA NAGAR (70A), MANACAUD
P.O, THIRUVANANTHAPURAM DISRICT-PIN-695 009.
14 S.SANAL KUMAR,
'KARTHIKA', KARIKKAKOM P.O,
THIRUVANANTHAPURAM DISRICT-PIN-695 021.
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
16
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, WADAKENCHERY P.O, OTTUPARA,
THRISSUR DISTRICT-PIN-680 582.
19 STEPHEN C.J,
CHIRAYATH MANGIEL HOUSE, VYASAGIRI P.O,
WADAKKENCHERY, THRISSUR DISTRICT-PIN-680 623.
0 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.
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
17
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.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS/PETITIONER & RESPONDENTS IN WPC:
1 KERALA STATE SERICULTURE CO-OPERATIVE APEX SOCIETY LTD
NO. K.G IND-2 (SERIFED),
T.C NO.16/1709 (2), ULLOOR LANE, DPI JUNCTION,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS CHAIRMAN
VICTOR T.THOMAS.
2 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, INDUSTRIES (K)
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE SECRETARY, DEPARTMENT OF INDUSTRIES,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4 THE COMMISSIONER FOR RURAL DEVELOPMENT,
DIRECTORATE OF SERICULTURE, GOVERNMENT OF KERALA,
SWARAJ BHAVAN, NANTHENCODE, KOWDIAR POST,
THIRUVANANTHAPURAM-695 003.
5 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF TEXTILES,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
18
UDYOGBHAVAN, WEST BLOCK 7, R.K. PURAM,
NEW DELHI-110 066.
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 1296 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.8550 OF
2017 OF HIGH COURT OF KERALA
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.
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
20
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.
0 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.
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
21
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 STEPHENC.J.
CHIRAYATH MANGIEL HOUSE, VYASAGIRI P.O.,
WADAKKENCHERY, THRISSUR DISTRICT, PIN - 680623.
0 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.
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22
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS/PETITIONER & RESPONDENTS IN WPC:
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.
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
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23
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 1432 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.35303 OF
2016 OF HIGH COURT OF KERALA
APPELLANTS/3RD PARTY:
1 MATHEWS P J,
PALAKAT HOUSE, PERUMPILLY.P.O, MULANTHURUTHY,
ERNAKULAM DISTRICT-682314.
2 UBAIS.A.H,
AMIYAN HOUSE, N.A.D. P.O, NOCHIMA, ALUVA,
ERNAKULAM DISTRICT, PIN-683563.
3 NOUSHAD.P.M,
PADANNATT HOUSE, THRIKKAKARA.P.O,
ERNAKULAM DISTRICT, PIN-682021.
4 SHAJI.V.R,
VADAKKEATHIRKANDATHIL, THEKKKUMBAGAM,
TRIPUNITHURA, ERNAKULAM DISTRICT, PIN-682301.
5 MEENA.T.M,
CHALUMKANDATHIL, THAIKKATTUKKARA.P.O, ALUVA,
ERNAKULAM DISTRICT, PIN-683106.
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6 MUHAMMED MADANI.K.V,
WORKING AS ASSISTANT SERICULTURE OFFICER, K.V.HOUSE,
MARUTHIYAD, KUTTIYERI.P.O, TALIPARAMBA, KANNUR
DISTRICT, PIN-670142.
7 JOJO ALEX,
WORKING AS SENIOR CLERK, KAVUKATTU HOUSE,
PALAVAYAL.P.O, CHERUPUZHA(VIA),
KASARAGOD DISTRICT,PIN-670511.
8 JOMON LOUIS,
VARANAKUZHIYIL, KADAPLAMATTOM,
KOTTAYAM DISTRICT, PIN-686571.
9 REKHA LOUIS,
NEENDUSERI, VALLICHIRA, PALA,
KOTTAYAM DISTRICT,PIN-686592.
0 GEETHAKUMARI.R.D,
D.R BHAVAN, ANAKUDY, VAMANAPURAM.P.O,
THIRUVANANTHAPURAM DISTRICT, PIN-695606.
11 SALIM KUMAR.A,
YASRIB, NJARAYILKONAM.P.O, MADAVOOR, PALLICKAL,
THIRUVANANTHAPURAM DISTRICT, PIN-695602.
12 ABOOBACKER KUNJU.M.S,
CRESCENT, PRA-61B, NEAR GANAPATHY TEMPLE,
PUNNAKKAMUGAL, ARAMADA.P.O,
THIRUVANANTHAPURAM DISTRICT, PIN-695032.
13 N.SHEELA,
T.C-43/498(5), ROOHAMA, GANGA NAGAR(70A),
MANACAUD.P.O,
THIRUVANANTHAPURAM DISTRICT, PIN-695009.
14 S.SANAL KUMAR,
'KARTHIKA', KARIKKAKOM.P.O,
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25
THIRUVANANTHAPURAM DISTRICT, PIN-695021.
15 KARUNAKARAN.S,
WORKING AS SENIOR CLERK, KIZHAKKE VEEDU, PANAYUR.P.O,
POLPULLY, PALAKKAD DISTRICT, PIN-678552.
16 MOHANDAS GANDHI.M,
WORKING AS CLERK, NATTUKAL.P.O,
CHITTUR, PALAKKAD DISTRICT, PIN-678554.
17 SAIRAM KUMAR.P,
SUKHADAM, 12/443, PANAMTHODI,
POLPULLY.P.O, PALAKKAD DISTRICT-678552.
18 RAJESHKUMAR.K.R,
KANATTUKARA HOUSE, WADAKENCHERRY.P.O, OTTUPARA,
THRISSUR DISTRICT, PIN-680582.
19 STEPHEN C.J,
CHIRAYATH MANGIEL HOUSE, VYASAGIRI.P.O,
WADAKKENCHERY, THRISSUR DISTRICT, PIN-680623.
20 PRASANNA KUMARI.M,
KIZHAKKE ECHARATH HOUSE, PUTHURKKARA,
AYYENTHOLE.P.O, THRISSUR DISTRICT, PIN-680003.
21 ALIMON.K.K,
KERANTAKATH HOUSE, THIRUVATHRA.P.O,
CHAVAKKAD, THRISSUR DISTRICT, PIN-680516.
22 BIJU V.B,
VADASSERY HOUSE, MAMMIYOOR.P.O, GURUVAYUR, THRISSUR
DISTRICT, PIN-680101.
23 JAIZIN JOSEPH,
NEENDUSSERI, VALLICHIRA.P.O, PALA,
KOTTAYAM DISTRICT, PIN-686574.
24 RAJESH.G.K,
R.B.V. BHAVAN, THATTATHUMALA.P.O,
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THIRUVANANTHAPURAM DISTRICT, PIN-695614.
25 ASHRAF P.P,
PUTHIYAPURAYIL HOUSE, SREEKANTAPURAM.P.O,
PAZHAYANGADI, KANNUR DISTRICT, PIN-6707631.
26 BIJU.G,
PADIPPURA VEEDU, CHERIYAVELLINALLUR.P.O, KOLLAM
DISTRICT, PIN-691516.
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS/PETITIONERS & RESPONDENTS IN WPC:
1 MINIMOL N S, AGED 51 YEARS,
D/O. KARTHIKEYAN, RESIDING AT MANNAMNIKARTHIL,
PATTANAKKAD.P.O, ALAPPUZHA DISTRICT, PIN-688531.
2 SHEELA.A.L,
AGED 57 YEARS
W/O. MOHANAN, POLLEVELI, CMC 34, CHERTHALA.P.O,
ALAPPUZHA-688524.
3 KANCHANA.A.S,
AGED 55 YEARS
W/O.GIRISH, ANJILI PARAMBIL, ANDHAKARANAZHI.P.O,
ALAPPUZHA DISTRICT, PIN-688531.
4 AMBIKADEVI.K.T,
AGED 60 YEARS
W/O. SALIM, KARUNA HOUSE, MUHAMMA.P.O,
CHERTHALA, ALAPPUZHA DISTRICT, PIN-688525.
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5 GEETHA.T.V,
AGED 58 YEARS
W/O.UDAYAN, THANDASSERIL, ANDHAKARANAZHI.P.O,
ALAPPUZHA DISTRICT, PIN-688531.
6 NISSABEEVI.P.H,
AGED 55 YEARS
W/O.A. N.NAWAS, BEEMA MANZIL, PATTANAKKAD.P.O,
ALAPPUZHA DISTRICT-688531.
7 PRASOBHA.T.P,
AGED 55 YEARS
W/O.LAL, PUTHUPALLI, CMC 1, CHERTHALA.P.O,
ALAPPUZHA DISTRICT-688524.
8 MANGALADEVI.K,
AGED 52 YEARS
W/O.SHIBU, CHIRAYIL, KOKOTHAMANGALAM.P.O,
ALAPPUZHA DISTRICT, PIN-688543.
9 AISHA.B,
AGED 60 YEARS
W/O.SHANMUGHAN, KANDANADUVELI, VAYALAR.P.O,
ALAPUZHA DISTRICT, PIN-688531.
0 KERALA STATE SERICULTURE CO-OPERATIVE FEDERATION
LTD(SERIFED),
OFFICE AT PANCHAPURA, NANDAVANAM, VIKAS BHAVAN.P.O,
THIRUVANANTHAPURAM-695033,
REPRESENTED BY ITS MANAGING DIRECTOR.
11 THE KERALA KHADI & VILLAGE INDUSTRIES BOARD,
REPRESENTED BY ITS SECRETARY,THIRUVANANTHAPURAM,PIN-695
001.
12 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,DEPARTMENT OF
INDUSTRIES,GOVERNMENT OF
KERALA,SECRETARIAT,THIRUVANANTHAPURAM-695 001.
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13 THE DISTRICT LABOUR OFFICER,
CIVIL STATION,ALAPPUZHA,PIN-688 001.
BY ADVS.
C.V.MANUVILSAN
O.A.ANJU
FARHAN M.M.
AJESH K. ANTONY
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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29
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 1295 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.40553 OF
2016 OF HIGH COURT OF KERALA
APPELLANTS:
1 MATHEWS P.J.,
AGED 50 YEARS
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,
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30
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.
0 GEETHAKUMARI R.D,
D.R BHAVAN, ANAKUDY, VAMANAPURAM P.O,
THIRUVANANTHAPURAM DISTRICT-PIN-695 606.
11 SALIM KUMAR A,
YASRIB, NJARAYILKONAM 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,
T.C-43/498(5), ROOHAMA, GANGA NAGAR (70A), MANACAUD
P.O, THIRUVANANTHAPURAM DISRICT-PIN-695 009.
14 S.SANAL KUMAR,
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31
KARTHIKA', KARIKKAKOM P.O,
THIRUVANANTHAPURAM DISRICT-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, WADAKENCHERY 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.
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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.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS:
1 THIRUVANANTHAPURAM TALUK SERICULTURE CO-OPERATIVE
SOCIETY LTD. NO. K.V.IND (T) 309,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY.
2 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE PRINCIPAL SECRETARY,
DEPARTMENT OF INDUSTRIES,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
4 FINANCE SECRETARY TO GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
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THIRUVANANTHAPURAM-695 001.
5 KERALA STATE SERICULTURE CO-OPERATIVE APEX SOCIETY LTD
NO. K.V IND-2 (SERIFED),
T.C NO.16/1709 (2),
ULLOOR LANE, DPI JUNCTION,
THIRUVANANTHAPURAM-695 014,
REPRESENTED BY THE MANAGING DIRECTOR.
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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34
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 870 OF 2024
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.40618 OF
2016 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS. 1 TO 3 & 7 IN WPC:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
KERALA, SECRETARIAT,
THIRUVANANTHAPURAM 01, PIN - 695001
2 DEPARTMENT OF INDUSTRIES
REPRESENTED BY ITS SECRETARY, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM 01., PIN - 695001
3 PRINCIPAL SECRETARY TO FINANCE
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM 01., PIN - 695001
4 THE COMMISSIONER FOR RURAL DEVELOPMENT
COMMISSIONERATE OF RURAL DEVELOPMENT, 4TH FLOOR SWARAJ
BHAVAN, NANTHANCODU, KOWDIAR,
THIRUVANANTHAPURAM 03., PIN - 695003
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BY ADVS.
GOVERNMENT PLEADER
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.T.V.GEORGE, SC, SERIFED
RESPONDENTS/PETITIONER & RESPONDENT NOS. 4 TO 6 IN WPC:
1 NEYYATTINKARA TALUK SERICULTURE CO-OP. SOCIETY LTD.
NO K.V. IND (T) 314, BP III/820, KATTAKADA ROAD,
BALARAMAPURAM P.O, THIRUVANANTHAPURAM 695 509,
REPRESENTED BY ITS PRESIDENT., PIN - 695509
2 THE KERALA STATE SERICULTURE CO-OPERATIVE APEX SOCIETY
LTD NO K.G. IND 2
(SERIFED), T.C NO 16/1709 (2), ULLOOR LANE, DPI
JUNCTION, THIRUVANANTHAPURAM 14, REPRESENTED BY ITS
MANAGING DIRECTOR., PIN - 695014
3 CENTRAL SILK BOARD
MINISTRY OF TEXTILES, GOVERNMENT OF INDIA, 100 FT RING
ROAD, BTM LAYOUT, MADIWALA, BANGALORE 68, KARNATAKA
REPRESENTED BY ITS MEMBER SECRETARY., PIN - 560068
4 UNION OF INDIA.
MINISTRY OF TEXTILES, GOVERNMENT OF INDIA, 542A,
UDYOG BHAWAN, NEW DELHI 110 011, REPRESENTED BY ITS
SECRETARY, PIN - 110011
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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36
JUDGMENT
WA Nos.1919, 1273,1274,824,702,1295,1432,1296
of 2022, 34 of 2023 and 870 of 2024
AMIT RAWAL,J.
This judgment shall dispose of five writ appeals preferred
by the State against the judgment of the Single Bench allowing the
writ petitions filed by the Federation of Kerala Sericulture Co-
operative Societies (hereinafter called 'SERICOS') and five writ
appeals preferred by the employees who were seriously affected by
the findings given in paragraph 51 as well as direction No.1 in the
impugned judgment, seeking leave of the court, which has already
been granted.
2. The controversy has a little checkered history. The
State of Kerala has a number of public sector undertakings, like
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Khadi Board, SERIFED, etc. The role of the SERIFED is to
promote the production of silks in the State of Kerala, owing to
the largest consumer much less offset the cost factor by importing
the same from China and from other States. SERIFED has been
working since a long time in the State of Kerala, however,
realising , in the year 2010, that it was running into losses
decided to liquidate the same. The order of liquidation was
challenged in this Court vide Writ Petition No. 31446 of 2010. In
the aforementioned writ petition, the State filed an affidavit dated
13.07.2013 and in Paragraphs 2 to 5 stated as under:-
"2. It is respectfully submitted that The Kerala State
Sericulture Co-operative Federation Ltd. (SERIFED) was registered
in December 1994 under the Kerala Co-operative Societies Act,
1969 as apex body of Sericulture co-operative Societies, by
delinking the activities from the Khadi & Village Industries
Board, which was then implementing agency. Later it was found
that the Federation set up is not yielding the required result, and
so the sericulture activities can be brought under Local self
Government Department institutions as the mulberry cultivations,
cocoon production, marketing and reeling etc. carried out by
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serifed required much more involvement with local panchayats
and also some of the schemes of Government of India are funded
throtigh Local Self Government Department.
3. It is submitted that consequently, Government, as
per GO(Ms)58/2010/ID dated 15.03.2010 issued orders for
liquidation of Serifed and transfer its assets and deploy the staff
of serifed to local Self Government department, Rural
Development Department and Kerala Khadi & Village Industries
Board, as a measure of strengthening the sericulture activities in
Kerala, subject to certain conditions. It was also ordered that the
Industries Department will take necessary steps to liquidate
SERIFED and Panchayat and Taluk Level societies registered in
SERIFED as per Rules. On the basis of the said Government
Order, the Registrar, Khadi & Village Industries Board Co-
operative Societies issued orders, as per proceedings No.KB.
13148/96/Co-op dated nil, appointing liqudators to the Taluk
Level Sericulture Co-operative Societies. The petitioners have
challenged the order issued by the Registrar/Secretary/Kerala
Khadi & Village Industries Board appointing the liquidators, vide
W.P.(C): 31446/2010 as it has not followed the basic and
essential procedure provided under section 71 of the Act.
4. It is submitted that, in the meanwhile the Petitioners
submitted a revival proposal before Government for restarting the
Post-Cocoon activities under SERIFED. Government considered the
proposal and in a High level meeting convened by the Hon'ble
Minister (Industries & IT) in presence of Hon'ble Minister
(Finance & Law) on 04.06.2014 to decide the future set up of
SERIFED, and it was decided that action will be taken to revive
the Post Cocoon activities of Sericulture under SERIFED, and
funds will be provided by moving Supplerpeataty Demands for
Grants. Accordingly a token provision of Rs.1000 has been
included in the Supplementary Demands for Grants for 2014-2015
and a Head of Account has been provided.
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5 It is submitted that Government have acted in good
faith taking into consideration of the request of the petitioner.
Action has been taken to revive the SERIFED with the main
objective for implementation of Post - Cocoon sector of
Sericulture.
In view of the above facts and circumstances, the above Writ
petition is devoid of any merits and same is only liable to be
dismissed.
3. Owing to the aforementioned affidavit, the Single
Bench of this Court vide judgment dated 20.03.2015 disposed of
the writ petition in the following manner:
"3. It is evident therefore that there is a proposal for
restarting the Post Cocoon activities under SERIFED. It is also
decided that funds will be provided for this purpose by moving
supplementary demands for crops. Ext.P1 order remained stayed
during the pendency of this writ petition. There is no necessity
for Ext.P1 order to stand in the light of the proposal to revive
the Post Cocoon activities.
4. Ext.P1 order in so far as it relates to the petitioners
Societies is quashed. The respondents shall endeavour to restart
the Post Cocoon activities as held out in the counter affidavit
filed by the first respondent. The needful shall be done within a
period of six months from today.
The Writ Petition is disposed of. No costs."
4. The Central Silk Board, New Delhi, decided to fund the
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State Government by examining the Techno-feasibility of the
revival of Post-Cocoon Sector through SERIFED and as per its
communication addressed to the principal Sector Department of
Industries, Thiruvananthapuram dated 30.03.2015 issued following
suggestions :
"Further, as per the decisions taken during the high level
meeting with Minister of Industries, Govt. of Kerala,
* The Commissionerate of Rural Development, Govt. of
Kerala has submitted the UCs along with component and
beneficiary details for an amount of Rs. 135.5 lakh. Further,
CRD, Kerala requires to submit the component and beneficiary
details for the pending amounts of Rs. 50.79 lakh. (Rs. 1.60
+15.19 +34.00 lakh).
* Department of Industries, Government of Kerala has
furnished their commitment to Central Silk Board that it would
take the proposal of 'reviving the post-cocoon sector of
sericulture industry through SERIFED as a commercial, viable and
sustainable venture by extending all the required support as
proposed in the DPR and shall be responsible for professional
management of manpower for 'SERIFED under revival'.
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* Further, the Commissionerate of Rural Development,
Govt. of Kerala has also furnished their commitment to take the
responsibility of the pre-cocoon development through different
schemes. It will also strengthen the extension and monitoring
mechanism to meet the targets laid in the DPR. The CRD shall
protect the interest of the farmers and shall be responsible for
field level implementation subject to the condition that the
revived SERIFED shall collect the entire cocoon produced in the
state.
Central Silk Board recommends the techno-feasibility for revival
of the Post-cocoon Sector of the sericulture industry in the State
through SERIFED as detailed in proposal for the First Phase only,
subject to the fulfillment of the following terms amd conditions
Consent for the remaining Two Phases shall be furnished only
after review of First Phase performance.
* The CRD, Kerala shall be responsible for production of
quality bivoltine cocoons and for achieving the targets of pre-
cocoon sector under restructuring through execution of a
Tripartite Agreement (MOU) with Department of Industries, Govt.
of Kerala and 'SERIFED under Revival' for ensuring the supply of
required quality raw material (cocoons).
* Till the CRD achieves the targets of cocoon production
required for the first phase of production as per the DPR, the
'SERIFED under revival shall arrange for procurement of raw silk
from different sources on its own for its operations.
* The CRD, Kerala shall also furnish the Component and
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Beneficiary details (for whom the funds were released) for the
pending amount of Rs. 50.79 lakh (Rs. 1.60 + Rs. 15.19 + Rs.
34.00 lakh).
* The Department of Industries, Govt. of Kerala shall
strengthen and revive all the defunct post-cocoon infrastructure
units in the State and bring them to their optimal use during the
revival of post-cocoon sector and allocate the required working
capital accordingly."
5. Considering that the Central Government had decided
to fund to the extent of Rs.43 Crores and State to the tune of Rs.
20 crores, Government of Kerala vide order dated 05.08.2014,
noticing the techno-feasible report of the Central Silk Board and
also the objectives of the SERIFED, decided not only to silk
production but also start silk weaving in ten thousand handlooms
so as to consume completely the entire quantity of clothes,
produce open Ethnic Silk Boutiques, implement welfare scheme for
the farmers, Cocoon producers, reelers, weavers, train the workers
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and staff members first skill upgradation, establishment of product
development centers, intensive research center's under member
societies. Over and above the aforementioned objectives, the
mobilization funds from the Central and State Government and
other National and International Development Agencies for the said
activities was considered, much less, to revive the scheme by
retransferring the properties of the SERIFED, which were
previously handed over to Kerala Khadi and Village Industries
Board and as well as to District Panchayat, Kollam, by appointing
a Managing Director on deputation as a stop-gap arrangement till
the regular appointment till the approval of the staff pattern by
the Government.
6. Since the Central Silks Board had suggested the
execution of a tripartite agreement with the Department of
Industries, Government of Kerala and SERIFED under the revival
for ensuring the supply of the required quality of raw-materials,
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but despite vide order dated 07.01.2017, noticing the funding
factor that the major portion of the fund would come from the
Central Silk Board and other central development agencies, after
examination of the matter in detail, based on the aspects of the
development of sericulture in Kerala, decided not to proceed
further with the proposal of reviving SERIFED on following three
counts:
i). Kerala does not have sufficient acreage under
sericulture to warrant a set up for post processing activities;
ii). There is no functioning sericulture processing Co-
operative Societies;
iii). No justification for federation of such Co-operative
Societies and have it only as a paper organization as it will not
justify any allocation or resources or funds.
7. The aforementioned order was assailed in the following
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five writ petitions, i.e. WPC No. 8550/2017, WPC No.40553/2016,
WPC.No.35173/2016, WPC No.15961/2020 and WPC
No.40618/2016.
8. The State in the aforementioned writ petitions, filed a
counter statement to the effect that after the passing of the order
dated 05.08.2015, the matter was again considered by the
Government and a meeting was convened for the purpose of
finding out the method of reviving Post-Cocoon activity in Kerala
and under the aegis of the Ministers for Industries and Finance, a
meeting on 16.05.2017, ie after passing of the order dated
05.01.2017, was convened and decided that the Chief Secretary
shall convene a further meeting for analysis and consideration of
all the aspects.
9. The project report produced for the consideration of
the Government reflected that the matter in correct perspective
was not presented. Though the Silk Board expressed its inability
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of not having any schemes for supporting weaving, but could be
used for giving training for weaving. A three-member committee,
comprising of the representatives of the Central Silk Board,
SERIFED, and the Director of Handloom and Textiles, was
constituted to formulate the project report on feasibility of
undertaking 'silk weaving in Kerala'. Subsequent to that, a
meeting was held though the one of the representatives of the
SERIFED objected to the meeting on the point that matter was
pending before the High Court. The committee noticed that a
large amount was released from time to time by the Government
to the SERIFED from 1998 onwards, that is, Rs.29,26,01,366/- was
directly paid by the Government of Kerala and another Rs.700
lakhs was released through Restructuring and Internal Audit Board
and a further amount of Rs.600 lakhs was given as grant from the
Government in the year 1997-1998.
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10. The Secretary, Kerala Khadi and Village Industries,
was directed to submit details with regard to the functioning of
the sericultural societies, and after conducting the enquiry,
submitted a report dated 25.02.2017 stating that the societies are
defunct and not functioning at all and it was not possible to
revive the said societies.
11. Besides the aforementioned aspects it was also pointed
out by SERIFED that owing to the funds provided by the Central
Government in a step to revive the SERIFED, there was a mass
employment of 271 employees, who were paid salary out of the
funds provided by the Central Government. In other words, it
was agitated that there was misappropriation of the funds, as
there was no need to employ such a large number of employees
for running the societies for cocoon production as well as the
sustenance of SERIFED.
12. Considering all these facts, the learned Single Bench
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vide detailed judgment, noticing that the Government had illegally
appointed 271 employees of the SERIFED who had been absorbed
in Government services without approval of the Kerala Public
Service Commission, clearly reflected the patronage given at the
Executive level, and even in the absence of the challenge to the
appointment, that it required a detailed inquiry at an appropriate
level, allowed the writ petition in the following manner:
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 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;
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(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
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;
(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."
13. The aforementioned directions not include only the
inquiry with regard to the absorption of 271 employees alleged to
be illegally recruited in SERIFED into the Government Services and
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the services of Kerala Khadi and Village Industries Board but also
quashed the order of the Government dated 07.01.2017 in not
reviving the SERIFED, and also direction had been issued to the
Central Silk Board, SERIFED and the Director of Handlooms and
Textiles to nominate their representative by appointing a Three-
member Committee and communicate the same to the Chief
Secretary which shall formulate a fresh Project Report on the
feasibility of revival of SERIFED, Post-Cocoon Sector and Silk
Weaving in Kerala and a final decision shall be taken within few
months from receipt of the Project Report.
14. It is in this background that the State has filed the
five writ appeals bearing Nos. WPC No. 8550/2017, WPC
No.40553/2016, WPC.No.35173/2016, WPC No.15961/2020 and
WPC No.40618/2016.
15. Since the employees who were recruited had also
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faced the wrath of litigation in an independent proceeding and
being affected of the direction No.1, for the sake of repetition,
with the leave of this Court, filed the following five intra-court
appeals, W.A.Nos.1273, 1274, 1295, 1296 and 1432 of 2022.
16. Annexures I, II and III have been placed on record in
support of their stand and also by laying challenge to the order
impugned. The categoric case of the employees in WA
No.1273/2022 is to the effect that the directions by holding the
enquiry regarding the engagement of employees without the
sanction of the Kerala Public Service Commission could not have
been issued in the absence of the impleadment. Moreover, the
appointments made from 1999 onwards were challenged in a batch
of writ petitions, and the matter had already gone to the Supreme
Court, much less the Registrar of Co-operation and all the
appointments have been held to be valid in law.
17. Mr. Vipindas, learned Senior Government Pleader,
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submitted that the pith and the substance of the judgment under
challenge has been on the following points:
i). Estoppel
ii). Illegal appointments
iii). Violation of Articles 14, 51, 57, 58 and 61 etc., of
the Constitution of India.
18. It was contended that the principles of estoppel as
attempted to be coined on behalf of the petitioner and accepted by
the Single Bench is not sustainable in the eyes of law for the
reason that there had been no adjudication in the previous round
of litigation on merits or ever crystallized. The order of this
Court dated 20.03.2015 in Writ Petition No. 31446/2010
challenging the liquidation of the SERIFED, extracted supra, was
passed on the basis of the affidavit, by issuing mandamus to
decide the controversy within a period of six months. Thus there
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was no clear cut direction to pass an order in affirmative. In
support of the contention, relied upon the judgment of the
Supreme Court in Directorate of Film Festivals and Others v.
Gaurav Ashwin Jain and Others (2007) 4 SCC 737) to contend that
court should be circumspect in exercising the judicial review on
the policy matters of the Government.
19. As far as the estoppel is concerned, relied upon the
judgment reported in Gopal Prasad Sinha v. State of Bihar [1970
(2) SCC 905) to contend that the law must be conclusively
determined and in the judgment of 20.03.2015, there is no
conclusive decision with regard to the revival or otherwise of the
SERIFED.
20. Mr.Arjun Raghavan, learned counsel appearing on
behalf of the 3rd party appellants, emphatically relied upon the
order of Supreme Court, order of the Registrar and a notification
of the Government as Annexures I, II, III to contend that the
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findings recorded in paragraph 51, has the aforementioned
documents been looked into, could not have been arrived,
therefore, the judgment is liable to be set aside.
21. Attention of this Court was drawn to an order dated
15.01.2002 in OP No.4932/1996, wherein this court listed the
aforementioned OP on account of the directions of the Supreme
Court in SLP Civil No.5734-53 of 1999 which were already decided
before by this court in the earlier round of litigation on
26.03.1999. This Court, in the earlier round of litigation, had set
aside the entire selection on the basis of the report made by the
Joint Secretary to the Government. But the Supreme Court
noticed that the selection was set aside without hearing the parties
and remanded the matter to this court. This Court vide judgment
dated 15.01.2002 found that the principles of natural justice was
not complied with and therefore issued a directions to the
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Registrar of Co-operative Societies to look into all the complaints
raised by the affected parties, in the light of the report submitted
by the Joint Secretary to the Government and Joint Registrar of
the Co-operative Societies by conducting a detailed enquiry against
the selection and appointment made in the SERIFED, with a
further caveat that, in case in the enquiry it is found that the
impugned appointments made in the SERIFED were illegal, the
Registrar was given a power to set aside as per the provisions of
Section 66 of the Kerala Co-operative Societies Act and also Rule
176 of the Kerala Co-operative Societies Rules within a time frame
of four months.
22. The Registrar of Co-operative Societies of
Thiruvananthapuram, vide order dated 05.04.2003, Annexure 2,
noticing all the facts, the rights and duties of the Board of
Directors of the Federation as also clause 11 of the Bye-laws
ordered that all the appointees had already completed (8) years of
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service, revision of pay much less postings in existing or arising
vacancies in the SERIFED on the basis of the qualification and
considering the fact that the department of SERIFED was having a
handful of employees, vide order dated 15.03.2010, on receipt of
the detailed proposal of the Managing Director of SERIFED
proposing the bifurcation of total staff into the Panchayat and
Commissioner of Rural Development, ordered the transfer of the
staff of SERIFED to local self Government with effect from
01.09.2009 with a further direction for liquidation of the SERIFED
and the Secretary Kerala Khadi Village Industries, Registrar of
SERIFED was directed to do the needful. The Plan Funds so
utilized for the salary and administrative expenses were ordered to
be ratified.
23. It was further contended that the order of the
Government is in pari materia to the provisions of Section 74 of
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the erstwhile Indian Evidence Act, being a public document.
24. Mr. Liju V. Stephen, learned counsel of the serifed
supported the findings, pointing out that the act of the State in
first getting the writ petition decided by filing an affidavit in
favour of the SERIFED and thereafter by volte-facing amounts not
only to misrepresentation but an act of arbitrariness and
aberration much less against the doctrine akin to legitimate
expectation. It is also against the provisions of promissory
estoppel, in essence that by extending the benefit in a court of
law cannot turn around by a government order. It was not a
case of any policy decision based upon certain material, rather,
the techno-feasibility report from the Central Silk Board had given
a positive report that there were chances of reviving the silk
production, considering the shortage of the land in evolving the
production conducive to weather conditions in State of Kerala.
25. It is an attempt to overreach the court which is
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impermissible in law and in support of the contention, relied upon
the Three Bench judgment of Supreme Court in Dr. Jaya Thakur
v. Union of India and others [(2023) 10 SCC 276] to contend that
where the court had issued a specific mandamus with regard to a
particular act, promulgation of a particular ordinance and
thereafter statute taking away the rights arrived at by a settlement
prior to the promulgation of the ordinance as well as the statute,
would tantamount to annulling the benefits which a particular
employees or the persons who has/have been held to be entitled
as per settlement, was held to be violative of the fundamental
rights granted under the Constitution.
26. It was next contended that there was no prayer for
holding an enquiry with regard to the appointment of the
employees. The court on its own issued such directions, much
less the petitioners (in writ) were also not aware of the orders of
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the Supreme Court, Registrar of the Co-operative societies and the
order of the Government, as placed on record as Annexures I, II
and III in writ appeal No.1273 of 2022. There is a vast sect of
land available for undertaking sericulture and the only thing
which was lacking was dedication, zest and zeal to undertake
innocuous task. In other words, it was submitted that everything
is possible if done with dedication and sincerity. The judgment
under challenge is based upon actual ground realities in the State
of Kerala, much less the act of the Government which has been
held to be not only arbitrary but discriminatory, and urged this
court for dismissal of all the writ appeals of the state with
exemplary costs.
27. We have heard the learned counsel for the parties
and appraised the paper books.
28. Paragraph 51 of the judgment of the single Bench
reads as under:
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"51. Subsequent conduct of the Government in absorbing the
illegally appointed 271 employees of SERIFED in Government
services without the prior approval of the Kerala Public
Service Commission, would only establish the patronage given
at the Executive level. Though the petitioners have not
challenged these appointments and absorption, this Court is of
the view that this being one of the biggest employment scams
which has resulted in collapse of an Apex Society and loss of
huge amounts intended to benefit sericulturists, it requires an
enquiry at the appropriate level."
29. On perusal of the contents of the affidavit and the
direction of this court extracted (supra), much less the findings of
the Single Bench extracted above as well as the directions
contained in the impugned order when compared with the order
of this Court Annexure 1, notification Annexure II and Annexure
III in W.A. No.1273 of 2022, the order under challenge is not
sustainable in the eyes of law, not only on one reasons, but the
following additional ground that the direction No.1 is wholly off
the cuff, for already challenge to the appointment of the
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employees by utilising the central aid and funds by employing 271
employees has been held to be justified in view of the order of
remand in the SLP referred to above by this Court in the
judgment dated 15.01.2002. It would be appropriate the extract
the relevant portion of the judgment in the following manner:
"We have perused the report submitted by the Joint Secretary to
Government. In view of the fact that disputes in these cases are
all factual, this court is not justified in pronouncing any final
opinion on those factual disputes. In the facts and circumstances
of the case, we think it would be appropriate if this court issues
a direction to the Registrar of Co-operative Societies to look into
all the complaints raised by the petitioners in the light of the
reports submitted by the Joint Secretary to Government and the
Joint Registrar of Co-operatove Societies and then conduct a
detailed enquiry against the selection and appointments made in
the SERIFED. Public interest demands a detailed enquiry. In the
said enquiry, if it is found that the impugned selections and
appointments made in the SERIFED are illegal, the Registrar can
set aside them. He has got powers for the same under Section 68
of the Kerala Co-operative Societies Act and Rule 176 of the
Kerala Co-oeprative Societies Rules. While taking a decision the
Registrar will be free to rely on all materials including the
Reports of the Joint Secretary to Government and the Joint
Registrar of Co-operative Societies. In case he relies on them, he
should furnish copies of those materials to the affected parties, if
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they have not so far received them. Needless to say, the
Registrar shall not rely on any material procured behind the back
of the affected appointees. He can get any material from any
source, but before using them, he should put the affected parties
on notice. It is also made clear that the Registrar need not feel
bound to follow the report of the Joint Secretary to Government
for the simple reason that the author of the report is a Joint
Secretary. He will be free to accept the said report or reject it in
his own judgment. The Registrar of Co-operative Societies shall
complete the enquiry and render a decision in the matter within
four months from the date of receipt of a copy of this judgment.
All affected persons including those who raised complaints
against the selection shall be heard by the Registrar."
30. Subsequent order of the Registrar dated 05.04.2023
reads thus:
1. The Hon'ble High Court of Kerala had disposed the
O.P No.326/96 on 15-1-02 with direction to the Registrar of Co-
operative Societies, Kerala, Thiruvananthapuram to dispose of the
case after hearing all parties concerned within four months from
the date of issue of the order. Accordingly this case was posted
for hearing on 14th, 15th and 24-3-2003. Notice of hearing was
sent to all petitioners and other connected persons under
registered post with Acknowledgement Due. 125 persons attended
the hearing and their statements was recorded. Some of them
had filed written statements stating their contentions. For the
appointees, 127 in number, Advocate Sri.Nalanchira
Krishnankutty appeared and filed argument notes.
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The Kerala State Sericultural Co-operative Federation Ltd is an
Apex Co-operative Society under the Kerala Co-operative
Societies Act, 1969, which come into existence as per
Government Order No.(MS)177/94/1 dated 20-9-1994. Prior to
the formation of this apex institution the Sericultural
Development Scheme was implemented by the Khadi and Village
Industries Board. The Government of Kerala sanctioned various
technical posts to the Kerala Khadi & Village Industries Board for
the effective implementations of the Sericultural programme. The
Khadi and Village Industries Board filled up these posts on
Contract Basis and they continued to work till the formation of
the Serifed. In pursuance of the formation of the Serifed the
contract appointment made by Khadi and Village Industries
Board was ended and their employees were left out of the
employment. The Government as per order No.G.O.(Rt)18-95 ID
dated 7-1-95, had transferred these posts to the Serifed. The
Board Meeting of the Serifed held on 20-2-1995 resolved to
create required number of technical and ministerial staff for the
effective working of the Federation. This resolution was
forwarded to the Registrar of Co-operative Societies for Serifed
(Secretary, Khadi Board) with request to accord sanction for the
creation of the post vide order No.KB.3085/95/Coop: dated 10-3-
1995. The Registrar of Co-operative Societies, the Khadi and
Village Industries Board had sanctioned the posts with the
condition that if there is no Government Order for the post, the
order shall be obtained from the Government vide letter
No.8567/KL/95/ID dated 22-11-95 and had also accorded
sanctioned for appointing employees in 433 vacancies in 14
different categories. Subject to the provisions contained in the
bye-laws and according to the availability of funds allotted for
the purpose. On the basis of the Board decision on 25-2-1995,
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notification inviting application for the appointment of following
8 different categories was published in the Malayalam dailies on
1-3-1995.
It is stated that the inquiry conducted by Joint
Secretary, Industries Department is not maintainable. The
appointment was made in accordance with the Rule 186(2) of
the KCS Rules 1969 and the qualification for the post was fixed
in the notification. The appointments were done only in the
approved posts and also contented that the management is
competent to decide the qualification of the posts.
After considering the written statement filed by the
petitioners and appointees and after verifying the records of the
Federation, in connection with the appointment, it is found that
the following are the issues of the case.
(1) Whether the Federation was classified under Section 80 of the
KCS Act, 1969.
(2) Whether the Board of Directors of the Federation is
competent to fix the qualification for the appointment.
(3) Is there any approved norms to be followed by the Federation
for the appointment.
(4) Whether any malpractices were take place in the
appointment.
(5) It is an admitted fact that Serifed is an Apex Co-operative
institution registered under the KCS Act, 1969.
Therefore the right duties and responsibilities of Board
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of Directors of the Federation is controlled by the provisions of
the Kerala Co-operative Societies Act and Rules 1969 and its bye-
law. But section 80 of the Kerala Co-operative Societies Act state
that "the Government shall classify the society according to their
type and financial position". In order to attract section 80 and
rules made under this section, the Government have to classify
the Federation. No evidence is produced before me to the effect
that the Federation was classified by the Government, under
section 80 of the Kerala Co-operative Societies Act, 1969.
Therefore the Federation is not bound to act in accordance with
the provisions of the Kerala Co-operative Societies Rules 186 (2)
of 1969. The Circular No.18/91 issued by the Registrar,
specifying the conditions to be followed by the Co-operative
Societies for the appointment of employees, is also not applicable
to the Serifed because of the fact that Serifed is not under the
administrative control of the Registrar of Co-operative Societies.
The Bye-law Clause 11 of the Federation read as follows:
Subject to the Budge allotment sanctioned by the Government,
the Board of Directors shall be competent to sanction the staff
required and fix their pay scale, duties and responsibilities with
the approval of the Government if the minimum of the Scale of
Pay is more than Rs.2500/- Since section 80 is not applicable to
the Federation, the Board of Directors of the Federation is
competent to fix the qualification with the approval of the
Government. Even though the Board had fixed qualification, no
approval is seen obtained from the Government.
(5) There is no approved norms in the Serifed to be followed by
the Board for the recruitment of personnel to the service of
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Federations. It is also seen that the Government did not fix any
procedures to be followed by the Federation for the appointment
personnels. But it is pertinent to note that Serifed is an Apex Co-
operative concern having its area throughout the State of Kerala
the main source of its working capital is the finance from
Government. Therefore on such an institution the appointment to
various categories of post have to be done after observing all
legal formalities. The notification inviting application for the
appointment were published in Malayalam dailies. No written test
was conducted and only interview was conducted. Interview was
conducted by a Board consisting of Chairman, Managing Director
and subject expert. As per the records of the Federation it is seen
that no rank list was published. But it is an accepted principle
that written test have to be conducted for the selection of
candidates so as to enable to assure the candidates that had
taken place.
While the Government had sanctioned the posts, no qualification
was fixed which enable the Board of Directors of the Federation
to fix the qualification depending upon nature of duties. The
main contention of the petitioners is that the qualified candidates
for the post of Assistant Sericulture Officer was not selected for
the appointment and only the candidates who have no special
qualification in the Sericulture were selected and appointed. The
applicants having two years post graduate diploma in Sericulture
were also applied for the post of Assistant Sericulture Officer. But
these applicants were not seen selected. As have gone through
the records it is seen that the contention of the petitioners are
true some extend. It is an admitted fact that the graduates in
B.Sc, Mathematics, Physics were selection to the post of Assistant
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Sericulture Officer. But in the notification issued for the purpose
it is found that the said qualification are also included for the
post of Assistant Sericulture Officer. But they were selected on
the basis of interview. No evidence was produced before me to
prove the contention of the petitioners that corruption and
nepotism were taken place in the selection process. The
Managing Directors of the Serifed stated that the institution is
----- having enough funds to retain these employees. But they
have submitted a project report the NCDC/Financial Agencies for
getting financial assistance so as to increase the financial
position. I opined that the Government had not taken sufficient
precaution so to avoid the loopholes into the appointment. If the
Government had fixed the qualification and also fixed norms for
the selection of the candidates the Board could not able to take
decision according to their discretion while taking a decision in
this aspect. In the above circumstances, the following orders are
issued.
ORDER
Since the appointees had already completed 8 years of service
and their pay was revised they may be continued in the service
of the Serifed. So also the petitioners may given posting in the
existing or arising vacancies in the Serifed on the basis of the
qualification.
31. Thereafter, the Government had on 15.03.2010 in
Annexure III, decided to shift the staff of the SERIFED to other
departments and liquidate the SERIFED. Paragraph 4 of the
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aforementioned order reads as under:
"SERIFED should be liquidated and for this the
Secretary, Kerala Khadi and Village Industries Board, Registrar of
SERIFED should do the needful. All the Societies registered under
SERIFED should also be liquidated. No further dispute over this
issue shall arise after liquidation."
32. It is a matter of record that the aforementioned order
liquidating SERIFED has not been challenged during the pendency
of the writ petitions in the years 2016, 2017 and 2020 and had
attained finality. After passing of the order dated 05.01.2017
where the Government had decided not to revive the SERIFED,
reliance was also made to a letter of Kerala Khadi and Village
Industries Board dated 25.02.2017, which was called upon to
furnish the report with regard to the status of the SERIFED. The
Principal Secretary of Government of Industries vide letter dated
25.02.2017 communicated in the following manner:
"In reply to the letter cited, I am to report that Kerala State
Sericulture Co Operative Federation Ltd (Serifed) and Taluk Level
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Sericulture Co-operative Societies under the administrative
Control of the Secretary, Kerala Khadi and Village Industries
Board (Registrar) are more or less defunct. The Project Officer,
Thiruvananthapuram reported that both Thiruvnanthapuram Taluk
Sriculture Co-operative Society Ltd No. KVIND (T) 309 and
NeyyattiNkara Taluk Sericulture Co-operative Society Ltd No.
KVIND (T) 314 having valid elected committees but they are not
functioning.
On enquiry, it is found that for the above said Societies are not
conducting any sericulture activities for the last six years. The
only purpose of constituting the elected Managing Committee is
to affiliate it with the Sericulture Federation (SERIFED) and get-
voting power. Even though, the Government had sanctioned and
released huge sum to the Sericulture Federation and its affiliated
Societies, they failed to achieve the goal of development of
sericulture activities in the State. The Government have ordered
to revive and strengthen the SERIFED for taking up post cocoon
activities vide G.O (Ms) No. 109/2015/ID dated 05/08/2015. The
SERIFED and its affiliated societies failed to accomplish the
objectives and functions mentioned in the said Government Order
till date.
I may also report that all primary sericulture Co-operative
societies (Panchayat Level) were defunct and dormant. The
Board, has taken carnest, efforts to rejuvenate the primary level
co-operative societies but results in vain due to the reluctance
and lack of support from the members of the primary, societies."
33. All these factors have totally been overlooked by
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rendering the judgment under challenge. Law with regard to
principle of promissory estoppel is no longer res integra, there has
to be some adjudication. From above it is evident that as there
was no such conclusive decision in the earlier round of litigation,
as noticed from the order dated 20.03.2015 (supra). In other
words, there was no conclusion or determination on the
controversy except a direction to take a call within a period
prescribed therein. Thus, the findings of the learned Single Bench
applying the principles of promissory estoppel are wholly
unsustainable and are hereby set aside.
34. As far as the scope of judicial review of the
Government policy is concerned, it is now well defined and settled
that the court do not and cannot act as an appellate authority
examining the correctness, suitability, appropriateness of a policy,
nor are the courts are advisors to the Executive on the matters of
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policy as the Executive is entitled to formulate.
35. The only role/scope of judicial review is to examine
the decision either in violation of the fundamental rights or
oppose to the public policy or the provisions of the Constitution,
much less manifestly arbitrary. None of the aforementioned
conditions are attracted, rather are conspicuously wanting, for
there cannot be any role of Article 14 alleging discrimination, as
the employees working in the SERIFED and employed on the basis
of the grant given by the Central Government have already been
adjusted and taken care of. It is the call of the Government to
decide whether to continue with the scheme causing heavy losses.
Even the report as indicated in the letter extracted supra reveals
that the sericulture had become defunct. Rightly so, as per the
ratio in Directorate of Film Festivals and others v.Gaurav Ashwin
Jain and Others (2007) 4 SCC 737), the court should be
circumspect in interfering with the policy matters of the
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Government. The directions for the Constitution of a committee
for proper revival of SERIFED, in these circumstance, are wholly
unwarranted and hereby set aside.
36. As far as the direction No.1 for holding an enquiry
with regard to the employment of employees is concerned, it is
observed that though no such prayer was made on this count, but
the court cannot be denuded from ordering a roving enquiry while
exercising its power of judicial review under Article 226 of the
Constitution, but that too, with care and caution. Knowing that
in case any adverse order is passed, the employees have to be
heard did not envision the far-reaching consequences of not issuing
notices to the affected employees, much less the State ought to
have been directed to apprise them with regard to any litigation
concerning the employment or otherwise. Had this exercise been
done, i.e., the details of the order of this court on remand from
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the Supreme Court, Registrar of Co-operative Societies, and the
subsequent orders of winding up (Annexures I, II and III in
W.A.No.1273 of 2022) would have been brought on record. Since
there has already been a quietus to the aforementioned litigation,
the said direction could not have been issued, which, in our
considered view, is totally obiter and accordingly, set aside.
37. There is no dispute with regard to the scope of
judicial review of primary legislation, an attempt to overcome the
judgment by subsequent legislation in view of the ratio disentitled
by Dr. Jaya Thakur (supra). In Dr. Jaya Thakur (supra) is a case
where the employees of the Life Insurance Corporation were, as
per the settlement, given certain benefits, which were
subsequently, by way of an ordinance and a statute, taken away
by having a retrospective effect. It is in that background, the
Supreme Court decided that such exercise was wholly arbitrary
and would amount to violation of the Constitution. Considering
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the facts and circumstances as noticed above, no such ingredient is
attracted, therefore would not be applicable.
38. As an upshot of the findings, we are of the view that
the directions of the Single Bench are not legally sustainable. The
action of the State cannot said to be arbitrary or against the
doctrine of promissory estoppel much less acrimonious and
discriminatory being violative of Article 14 of the Constitution.
All the writ appeals filed by the State and as well as the
third parties are allowed.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
msp
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PETITIONER ANNEXURES
IA in WP(C) PETITION TO ACCEPT ADDITIONAL DOCUMENTS IN
WP(C) 35173/2016 WITH ENGLISH TRANSLATION
Statement in WP(C) STATEMENT FILED ON BEHALF OF RESPONDENT NOS.1
AND 2 IN WP(C) 35173/2016 WITH ENGLISH
TRANSLATION
Reply Affidavit in REPLY AFFIDAVIT TO STATEMENT FILED BY THE
WP(C) RESPONDENTS 1 AND 2 IN WP(C) 35173/2016
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PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE COMMON JUDGEMENT DATED
15.01.2002 IN WA. NO. 326 OF 1996 AND O.P.
NOS. 534, 704, 840, 1237, 282, 4932, 8002 AND
9003 OF 1996 AND 7208 OF 1997 OF THIS HONBLE
COURT.
Annexure II A TRUE COPY OF THE PROCEEDING NO. MT(2)
20708/02 DATED 05.04.2003 OF THE REGISTRAR OF
CO OPERATIVE SOCIETIES.
Annexure III A TRUE COPY OF THE G.O.(MS) NO. 58/2010/ID
DATED 15.03.2010.
Annexure IV A TRUE COPY OF THE G.O.(M.S.), NO.
25/2013/LSGD DATED 18.01.2013.
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PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE COMMON JUDGMENT DATED 15-
01-2002 IN W.A NO.326 OF 1996 AND O.P
NOS.534, 704, 840, 1237, 1282, 4932, 8002 AND
9003 OF 1996 AND 7208 OF 1997 OF THIS HON'BLE
COURT.
Annexure II A TRUE COPY OF THE PROCEEDING
NO.MT(2)20708/02 DATED 05-04-2003 OF THE
REGISTRAR OF CO-OPERATIVE SOCIETIES.
Annexure III A TRUE COPY OF THE G.O(MS) NO.58/2010/ID
DATED 15-03-2010.
Annexure IV A TRUE COPY OF THE G.O(MS)NO.25/ 2013/LSGD
DATED 18-01-2013.
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PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE COMMON JUDGMENT DATED
15/01/2022 IN W.A.NO.326 OF 1996 AND
O.P.NOS.534,704, 840, 1237, 1282, 4932, 8002
AND 9003 OF 1996 AND 7208 OF 1997 OF THIS
HON'BLE COURT.
Annexure II A TRUE COPY OF THE PROCEEDING NO.MT(2)2078/02
DATED 05/04/2003 OF THE REGISTRAR OF CO-
OPERATIVE SOCIETIES.
Annexure III A TRUE COPY OF THE G.O.(MS) NO.58/2010/ID
DATED 15/03/2010.
Annexure IV A TRUE COPY OF THE G.O.(MS) NO.2013/LSGD
DATED 18/01/2013.
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PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE COMMON JUDGMENT DATED
15.01.2002 IN W.A.NO.326 OF 1996 AND O.P.
NOS.534, 704, 840, 1237, 1282, 4932, 8002 AND
99003 OF 1996 AND 7208 OF 1997 OF THIS
HON'BLE COURT.
Annexure II A TRUE COPY OF THE PROCEEDING NO.MT(2)
20708/02 DATED 05.04.2003 OF THE REGISTRAR OF
CO-OPERATIVE SOCIETIES.
Annexure III A TRUE COPY OF THE G.O (MS) NO.58/2010/ID
DATED 15.03.2010.
Annexure IV A TRUE COPY OF THE G.O.(MS) NO.25/2013/LSGD
DATED 18.01.2013.
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PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE COMMON JUDGMENT DATED 15-
01-2002 IN W.A NO.326 OF 1996 AND O.P
NOS.534, 704, 840, 1237, 1282, 4932, 8002 AND
9003 OF 1996 AND 7208 OF 1997 OF THIS HON'BLE
COURT.
Annexure II A TRUE COPY OF THE PROCEEDING
NO.MT(2)20708/02 DATED 05-04-2003 OF THE
REGISTRAR OF CO-OPERATIVE SOCIETIES.
Annexure III A TRUE COPY OF THE G.O(MS) NO.58/2010/ID
DATED 15-03-2010.
Annexure IV A TRUE COPY OF THE G.O(MS)NO.25/ 2013/LSGD
DATED 18-01-2013.
