Petitioner, a retired employee of Mumbai Dairy Co-operative Federation, filed a writ petition seeking enhancement of retirement age and exemption from service rules, while already retired as on the date of filing.
None granted; writ petition dismissed as petitioner had already retired.
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 ANIL K.NARENDRAN
WEDNESDAY, THE 6TH DAY OF DECEMBER 2017/15TH AGRAHAYANA, 1939
WP(C).No. 22194 of 2015 (Y)
PETITIONER:
V.UNNIKRISHNAN, RESIDING AT ASWATHY HOUSE, PUNNAPRA NORTH P.O., ALAPPUZHA DISTRICT - 688 014 (MANAGER (RETIRED), CENTRAL PRODUCTS DAIRY, PUNNAPRA, KERALA CO-OPERATIVE MILK MARKETING FEDERATION (KCMMF) LTD, THIRUVANANTHAPURAM)
BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR
RESPONDENT(S):
1. THE KERALA CO-OPERATIVE MILK MARKETING FEDERATION (KCMMF) LTD. (MILMA), REPRESENTED BY ITS MANAGING DIRECTOR, MILMA BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.
2. THE BOARD OF DIRECTORS OF THE KERALA CO-OPERATIVE MILK MARKETING FEDERATION (KCMMF) LTD (MILMA), REPRESENTED BY ITS CHAIRMAN, MILMA BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.
3. THE THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD., (TRCMPU), REPRESENTED BY ITS MANAGING DIRECTOR, KSHEERA BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.
--2--
--2--
WP(C).No. 22194 of 2015 (Y)
4. THE ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD., EDAPPALLY, COCHIN - 682 024, REPRESENTED BY ITS MANAGING DIRECTOR.
5. THE MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD., HEAD OFFICE, PERINGOLAM, KOZHIKODE - 673 571, REPRESENTED BY ITS MANAGING DIRECTOR.
6. THE DIRECTOR OF DAIRY DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
7. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
R1 TO R5 BY SRI.K.ANAND (SENIOR ADVOCATE) SMT.LATHA ANAND, SC R6 & R7 BY GOVERNMENT PLEADER SMT.MABLE C.KURIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
WP(C).No. 22194 of 2015 (Y)
APPENDIX
| PETITION | ERS' EXHIBITS: | |
|---|---|---|
| P1: | COPY OF THE UNION BEFOR DATED 24/9/ |
REPRESENTATION SUBMITTED BY THE INTUC E THE HON'BLE CHIEF MINISTER 2012. |
| P1(A): | COPY OF THE | ENGLISH TRANSLATION OF EXT.P1 |
| P2: | COPY OF THE BEFORE THE |
REPRESENTATION SUBMITTED BY THE CITU UNION FIRST RESPONDENT DATED 17/4/2013. |
| P2(A): | COPY OF THE | ENGLISH TRANSLATION OF EXT.P2. |
| P3: | COPY OF THE UNION BEFOR |
REPRESENTATION SUBMITTED BY THE AITUC E THE SECOND RESPONDENT DATED 19/3/2012. |
| P3(A): | COPY OF THE | ENGLISH TRANSLATION OF EXT.P3. |
| P4: | COPY OF THE BY THE 5TH |
RESOLUTION NO.15 DATED 17/4/2013 ADOPTED RESPONDENT UNION. |
| P4(A): | COPY OF THE | ENGLISH TRANSLATION OF EXT.P4. |
| P5: | COPY OF THE SRI.PALODE MINISTER. |
LETTER DATED 11/5/2013 SENT BY RAVI, M.L.A BEFORE THE HON'BLE CHIEF |
| P5(A): | COPY OF THE | ENGLISH TRANSLATION OF EXT.P5. |
| P6: | COPY OF THE WPC NO.2320 |
INTERIM ORDER DATED 02/09/2014 IN 8/2014. |
| RESPONDE | NTS' EXHIBITS : |
NIL. |
//TRUE COPY//
P.S. TO JUDGE
mbr/
ANIL K.NARENDRAN, J. --------------------------------------W.P.(C).No.22194 of 2015
Dated this the 6th day of December, 2017
J U D G M E N T
The petitioner, who retired from the Central Products Dairy of the Co-operative Milk Marketing Federation Ltd. at Punnapra in Alappuzha District, is before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Federation to enhance the retirement age of its employees from 58 to 60. The petitioner has also sought for a writ of mandamus commanding the 7th respondent, the State of Kerala, to exempt the employees of the 1st respondent Federation from Rule 183(2) of the Kerala Co-operative Societies Rules.
W.P.(C).No.22194 of 2015
2
without prejudice to his right to claim the reliefs sought for in that writ petition, which permits him to continue in the service of the 1st respondent Federation, till he completes the age of 60 years.
In the result, this writ petition fails and the same is accordingly dismissed.
Sd/-
ANIL K.NARENDRAN JUDGE
AV
2 issues framed by the court
Whether a retired employee is entitled to the reliefs sought in a writ petition when the petition was filed after the date of retirement.
Whether a writ of mandamus can be issued to a former employee to enhance retirement age or exempt them from service rules post-retirement.
2 provisions across 2 enactments
V.UNNIKRISHNAN
THE KERALA CO-OPERATIVE MILK MARKETING FEDERATION (KCMMF) LTD. (MILMA)
THE BOARD OF DIRECTORS OF THE KERALA CO-OPERATIVE MILK MARKETING FEDERATION (KCMMF) LTD (MILMA)
THE THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD. (TRCMPU)
THE ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD.
THE MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD.
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
