Petitioner sought declaration that proposed KSRTC employee strikes were illegal and directions for conciliation and declaration of bus service as essential. Court found strikes were not materialized, holding writ petitions infructuous at present.
Writ petitions dismissed as infructuous with liberty to approach court again.
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 C.K.ABDUL REHIM
&
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941
WP(C).No.31466 of 2018
PETITIONER:
CENTRE FOR CONSUMER EDUCATION (REG. NO. K 497/88), KP 6/399, 1ST FLOOR, VADAKKAN BUILDINGS, MUNDANKAL P.O., 686 574, PALA, REP. BY ITS CHAIRMAN, K.C.CHACKO, RESIDING AT KANNAMKULATH, KOORALI P.O., PONKUNNAM- 686 522.
BY ADVS. SRI.JOHNSON MANAYANI SRI.JEEVAN MATHEW MANAYANI
RESPONDENTS:
W.P (C) Nos.31466/2018 & 1359/2019
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BY ADVS. SRI.K.V.SOHAN, STATE ATTORNEY SRI.M.GOPIKRISHNAN NAMBIAR SRI.A.JAYASANKAR SRI.K.A.HAZAN SRI.SAJEEV KUMAR K.GOPAL SRI.T.P.PRADEEP GOVERNMENT PLEADER SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SMT.PARVATHY KOTTOL SRI.PAULOSE C. ABRAHAM P.GOPINATH MENON P.K SATHEESH KUMAR SMT.M.M.FATHIMA JALEENA SRI.ASHWIN SETHUMADHAVAN SRI.MANU GOVIND SRI.S.SABARINADH SRI.V.J.JAMES
OTHER PRESENT:
STATE ATTORNEY KV SOHAN GP SYAMPRASAD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.07.2019, ALONG WITH WP(C).1359/2019 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) Nos.31466/2018 & 1359/2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
&
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
TUESDAY, THE 16TH DAY OF JULY 2019 / 25TH ASHADHA, 1941
WP(C).No.1359 of 2019
PETITIONER:
CENTRE FOR CONSUMER EDUCATION, (REG.NO.K497/88), KP 6/399, 1ST FLOOR, VADAKKAN BUILDINGS, MUNDANKAL P.O-686 574, PALA REPRESENTED BY ITS MANAGING TRUSTEE, SRI. JAMES VADAKKAN, VADAKKAN HOUSE, MUNDANKAL P.O., PALA-686 574.
BY ADVS. SRI.JOHNSON MANAYANI SRI.JEEVAN MATHEW MANAYANI
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM-695 001.
W.P (C) Nos.31466/2018 & 1359/2019
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6 KERALA STATE ROAD TRANSPORT EMPLOYEES ASSOCIATION, (KSRTEA), H.O, AZHIKKODAN MEMORIAL BUILDING, MANJALIKULAM ROAD, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS GENERAL SECRETARY.
7 KERALA STATE ROAD TRANSPORT WORKERS UNION (INTUC), S.VARADARAJAN NAIR, SMARAKA MANDIRAM, MANAJALIKULAM ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS GENERAL SECRETARY.
8 TRANSPORT DEMOCRATIC FEDERATION, (TDF), S. VARADARAJAN NAIR, SMARAKA MANDIRAM, MANAJALIKULAM ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS GENERAL SECRETARY.
9 KERALA STATE ROAD TRANSPORT EMPLOYEES UNION (KSRTEU), T.V.SMARAKOM, SS KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS GENERAL SECRETARY.
10 KERALA STATE TRANSPORT DRIVERS UNION, STATE COMMITTEE OFFICE, THIRUVANANTHAPURAM-695 023, REPRESENTED BY ITS GENERAL SECRETARY.
BY ADVS. SRI.K.V.SOHAN, STATE ATTORNEY A.JAYASANKAR BABU JOSEPH KURUVITHAZHA GOVERNMENT PLEADER SRI.K.A.HAZAN SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN. SRI.T.P.PRADEEP SMT.M.M.FATHIMA JALEENA SMT.NIMMY JOHNSON SRI.ASHWIN SETHUMADHAVAN SRI.MANU GOVIND SRI.P.K.SATHEES KUMAR SRI.RAHUL SURENDRAN SRI.S.SABARINADH SRI.T.A.SHAJI (SR.) SRI.V.J.JAMES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.07.2019, ALONG WITH WP(C).31466/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) Nos.31466/2018 & 1359/2019
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C.K. ABDUL REHIM, J. & R. NARAYANA PISHARADI, J.
W.P (C) No. 31466 OF 2018 & W.P (C) No. 1359 OF 2019
DATED THIS THE 16th DAY OF JULY, 2019
J U D G M E N T
Abdul Rehim, J:
The common petitioner in both these writ petitions approaches this court as pro bono publico, mainly seeking orders to declare the strikes proposed by the employees' unions of the Kerala State Road Transport Corporation (KSRTC) on different dates as illegal. Inter alia, direction was sought to the authorities of the Labour Department of the State to initiate conciliation proceedings. There is also a relief sought against the Government to declare that the 'Bus Service' operated by the KSRTC for carrying passengers, as an essential service coming under the Kerala Essential Service Maintenance Act, 1994.
W.P (C) Nos.31466/2018 & 1359/2019
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in these writ petitions does not survive for consideration, at present. It is also brought to the notice of this court that the services rendered by KSRTC has already been declared as essential service.
Sd/-
C.K.ABDUL REHIM
JUDGE
Sd/-
R. NARAYANA PISHARADI
JUDGE
AMG
W.P (C) Nos.31466/2018 & 1359/2019
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APPENDIX OF WP(C) 31466/2018
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE PROFILE OF CENTRE FOR CONSUMER EDUCATION. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE PERFORMANCE REVIEW |
| EXHIBIT P3 | TRUE COPY OF THE RELEVANT PAGES OF THE CORPORATE INSPECTION REPORT OF THE ACCOUNTANT GENERAL |
| EXHIBIT P4 | TRUE COPY OF THE RELEVANT PAGES OF THE 2018 BUDGET SPEECH |
| EXHIBIT P5 | TRUE COPY OF THE RELEVANT PAGES OF THE PROF. SUSHIL KHANNA'S REPORT |
| EXHIBIT P6 | TRUE COPY OF THE STRIKE NOTICE, OF THE 6TH RESPONDENT TO THE 5TH RESPONDENT, DATED 13.9.2018 CONTAINING THE DEMAND |
| EXHIBIT P6 A | TRUE ENGLISH TRANSLATION OF MALAYALAM PORTION OF EXT. P6 |
| EXHIBIT P7 | TRUE COPY OF THE STRIKE NOTICE OF THE 7TH RESPONDENT TO THE 5TH RESPONDENT, DATED 13.09.2018 CONTAINING THE DEMAND |
| EXHIBIT P7 A | TRUE ENGLISH TRANSLATION OF MALAYALAM PORTION OF EXT.P7 |
| EXHIBIT P8 | TRUE COPY OF THE STRIKE NOTICE OF THE 8TH RESPONDENT TO THE 5TH RESPONDENT DATED 13.09.2018 CONTAINING THE DEMAND. |
| EXHIBIT P8 A | TRUE ENGLISH TRANSLATION OF MALAYALAM PORTION OF EXT.P8 |
| EXHIBIT P9 | TRUE COPY OF THE STRIKE NOTICE OF THE 9TH RESPONDENT TO THE 5TH RESPONDENT DATED 13.09.2018 CONTAINING THE DEMAND |
| EXHIBIT P9 A | TRUE ENGLISH TRANSLATION OF MALAYALAM PORTION OF EXT.P9 |
| EXHIBIT P10 | TRUE COPY OF THE REPRESENTATION DATED 22.09.2018 |
W.P (C) Nos.31466/2018 & 1359/2019
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RESPONDENT'S EXHIBITS:
AMG
W.P (C) Nos.31466/2018 & 1359/2019
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APPENDIX OF WP(C) 1359/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROFILE OF THE CENTRE FOR CONSUMER EDUCATION.
RESPONDENTS' EXHIBITS
NIL
AMG
2 issues framed by the court
Whether to declare proposed strikes by KSRTC employees illegal and direct labour department to initiate conciliation.
Whether KSRTC bus service should be declared an essential service under Kerala Essential Service Maintenance Act, 1994.
CENTRE FOR CONSUMER EDUCATION
STATE OF KERALA
KERALA STATE ROAD TRANSPORT CORPORATION
KERALA STATE ROAD TRANSPORT EMPLOYEES ASSOCIATION
KERALA STATE ROAD TRANSPORT WORKERS UNION
KERALA STATE ROAD TRANSPORT EMPLOYEES UNION
C.K.ABDUL REHIM
R. NARAYANA PISHARADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
