The High Court of Kerala closed a writ petition agitating for regularisation of service in the fire service department. The court held that the matter was pending in other writ petitions and left all contentions for those proceedings.
Writ petition closed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 4TH DAY OF FEBRUARY 2016/15TH MAGHA, 1937
WP(C).No. 187 of 2005 (V)
PETITIONERS:
1. K.G.GOPAKUMAR, FIREMAN [LEAVE RESERVE LIST] COCHIN PORT TRUST, WELLINGDON ISLAND.
2. T.S.PRAVEEN, DO. DO. DO.
3. S.SAFEER, DO. DO. DO.
4. T.I.INSAF, DO. DO. DO.
5. P.A.PRAVEEN, DO. DO. DO.
6. P.R.SHIBU, DO. DO. DO.
7. ARUN BOSE, DO. DO. DO.
8. K.U.MANOJ, DO. DO. DO.
9. K.S.SUBESH, DO. DO. DO.
10. MECKY FERNANDEZ, DO. DO. DO.
11. E.C.SIJU, DO. DO. DO.
12. P.H.PRAKASH, DO. DO. DO.
13. K.SHAJIMON, DO. DO. DO.
14. K.NIJESH BOSE, DO. DO. DO.
[CONTD...]
WP(C).No. 187 of 2005 (V)
2
15. M.S.SUDHEESH, DO. DO. DO.
16. C.VINOD KUMAR, DO. DO. DO.
BY ADVS.SRI.N.SUKUMARAN SRI.S.SHYAM SRI.N.K.KARNIS SRI.LATHEESH SEBASTIAN SRI.BOBBYMATHEW KOOTHATTUKULAM SRI.G.BENO
RESPONDENTS:
1. COHIN PORT TRUST REPRESENTED BY ITS SECRETARY, WELLINGDON ISLAND, COCHIN-9.
2. UNION OF INDIA
BY ADVS. SRI.K.ANAND (A.201)
SMT.LATHA KRISHNAN SRI.M.K.SUCHEENDRAN, ADDL.CGSC SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL SRI.DINESH R.SHENOY, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 187 of 2005 (V)
APPENDIX
PETITIONERS' EXHIBITS :-
| EXT.P1 | - | COPY OF THE ADVERTISEMENT PUBLISHED BY THE 1ST RESPONDENT THROUGH ITS DEPUTY CONSERVATOR DATED 18.05.2003. |
|---|---|---|
| EXT.P2 | - | COPY OF THE LETTER ISSUED BY THE DEPUTY CONSERVATOR OF THE 1ST RESPONDENT DATED 30.06.2003. |
| EXT.P3 | - | COPY OF THE MEMO DATED 08.08.2003 ISSUED BY THE 1ST RESPONDENT TO THE 3RD PETITIONER. |
| EXT.P4 | - | COPY OF THE MEMO DATED 25.08.2003 ISSUED BY THE 1ST RESPONDENT TO THE 3RD PETITIONER. |
| EXT.P5 | - | COPY OF THE SETTLEMENT ARRIVED AT THE CONCELIATION HELD BY THE ASSISTANT LABOUR COMMISSIONER [CENTRAL] DATED 25.09.2003. |
| EXT.P6 | - | COPY OF THE ORDER OF APPOINTMENT ISSUED BY THE 1ST RESPONDENT TO THE 3RD PETITIONER DATED 10.10.2003. |
| EXT.P7 | - | COPY OF THE COMMUNICATION DATED 20.09.2004 ISSUED BY THE 1ST RESPONDENT. |
| EXT.P8 | - | COPY OF THE ORDER DATED 25.11.2004 IN I.A. NO.15875/2004 IN WP(C) NO.33509 OF 2004 OF THIS COURT. |
| EXT.P9 | - | COPY OF THE LETTER DATED 01.02.2007 ISSUED BY THE 2ND RESPONDENT. |
| EXT.P10 | - | COPY OF THE REPLY TO EXT.P9 ISSUED BY THE 1ST RESPONDENT DATED 31.03.2007. |
| EXT.P11 | - | COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 20.09.2007. |
| EXT.P12 | - | COPY OF THE LETTER OF THE 1ST RESPONDENT DATED 25.10.2007. |
| EXT.P13 | - | COPY OF THE LETTER DATED 05.01.2014 OF THE CHIEF FIREM OFFICER ADDRESSED TO THE DEPUTY CONSERVATOR OF PRT TRUST. |
| EXT.P14 | - | COPY OF THE EXTRACT OF SCHEDULE OF EMPLOYEES OF THE 1ST RESPONDENT AS ON 01.04.2014. |
| EXT.P15 | - | COPY OF THE LIST PREPARED BY THE PETITIONERS REGARDING THE DETAILS OF THE PERSONS EMPLOYED IN FIRE SERVICE DEPARTMENT OF THE 1ST RESPONDENT. |
WP(C).No. 187 of 2005 (V)
2
RESPONDENTS' EXHIBITS:-
EXT.R1(A) - COPY OF REFERENCE ORDER DATED 12.10.2009.
//TRUE COPY//
P.A. TO JUDGE
sp
K. VINOD CHANDRAN, J.
----------------------------------
W.P(C). No.187 of 2005-V
---------------------------------Dated this the 4th day of February, 2016
JUDGMENT
None appears for the petitioners. The
learned counsel for the respondent submits that the above writ petition was filed, claiming regularisation, which the petitioners alternatively agitated before the Central Government Industrial Tribunal as provided under the Industrial Disputes Act, 1947 in I.D. No.1937 of 2009. The said industrial dispute was decided against the petitioners, against which it is submitted; there are two writ petitions pending before this Court as WP(C)
W.P(C). No.187 of 2005-V
2
Nos.25003 of 2013 and 8664 of 2014.
Hence, leaving open all contentions of both
the parties to be urged in those writ petitions, this writ petition would stand closed. No costs.
Sd/-
K. VINOD CHANDRAN,
JUDGE.
//True Copy//
P.A. to Judge.
sp/06/02/16
K.G. GOPAKUMAR ET AL.
COCHIN PORT TRUST
UNION OF INDIA
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
