The Court dismissed two review petitions filed by pensioners of the Kerala State Warehousing Corporation seeking to set aside an order in Writ Petitions. The petitioners produced a Trust Deed new to the original proceedings, but the Court held the document was not a valid ground for review and dismissed the applications.
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.
R.P.NOS.561 & 659 OF 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
RP.No.561 OF 2020 IN WP(C). 4550/2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 4550/2020(P) OF HIGH COURT OF KERALA
REVIEW PETITIONER/S:
1 KERALA STATE WAREHOUSING CORPORATION PENSIONERS' ASSOCIATION REPRESENTED BY ITS SECRETARY SRI CHANDRAKANTH, AGED 65 YEARS, S/O. LATE T.K NAIR, SITHARA, THYKOODAM, VYTTILA, ERNAKULAM DISTRICT 682 019 (RETD SR. ASSISTANT MANAGER OF KERALA STATE WAREHOUSING CORPORATION)
2 A. SASIDHARAN, AGED 70 YEARS S/O. LATE BHAHULEYA MENON, RETD. ZONAL MANAGER, KERALA STATE WAREHOUSING CORPORATION, RESIDING AT POURNAMI, INDIRA NAGAR, KADAVANTHRA, ERNAKULAM DISTRICT 682 020
BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH SMT.N.R.REESHA SMT.T.S.LIKHITHA
RESPONDENT/S:
3. KERALA STATE WAREHOUSING CORPORATION OFFICERS' ORGANIZATION, REG. NO.EKM/TC/573/2016, ERNAKULAM, REPRESENTED BY ITS SECRETARY, SRI.DILEEP KUMAR, 682016
R.P.NOS.561 & 659 OF 2020
2
R1-2 BY SRI.MAJNU KOMATH, SC, K.S.W.C.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 05.01.2021, ALONG WITH RP.659/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.NOS.561 & 659 OF 2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
RP.No.659 OF 2020 IN WP(C). 4625/2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 4625/2020(C) OF HIGH COURT OF KERALA
REVIEW PETITIONER/S:
M.SADASIVAN AGED 75 YEARS (RETIRED GODOWN KEEPER, KERALA STATE WAREHOUSING CORPORATION, THRIPPUNITHURA, ERNAKULAM DISTRICT), SARASWATHI NIVAS, KALARICKAL LANE, A.R.R.A 33, VAIKOM ROAD, TRIPPUNITHURA.
BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.K.N.REMYA SMT.L.ANNAPOORNA SHRI.VISHNU V.K. KUM.ABHIRAMI K. UDAY
RESPONDENT/S:
1 KERALA STATE WAREHOUSING CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, P.B. NO 1727, ERNAKULAM DISTRICT, KOCHI-682 016
2 THE CHAIRMAN, KERALA STATE WAREHOUSING CORPORATION, EMPLOYEES' PENSION AND OTHER RETIREMENT BENEFITS FUND TRUST, P.B. NO 1727, ERNAKULAM DISTRICT, KOCHI-682 016.
R1-2 BY SRI.MAJNU KOMATH, SC, K.S.W.C.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 05.01.2021, ALONG WITH RP.561/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.NOS.561 & 659 OF 2020
4
ORDER
Dated this the 5th day of January 2021
These Review Petitions are filed producing a documentAnnexure-A1 Trust Deed which according to the Review Petitioners were not available during the pendency of the Writ Petition.
I therefore dismiss the Review Petitions. It is made clear that the dismissal would not stand in the way of petitioners seeking remedies if any available to them on the basis of the documents which they have produced along with the Review Petitions.
Sd/-
P.V.ASHA
JUDGE
rkc
R.P.NOS.561 & 659 OF 2020
5
APPENDIX OF RP 561/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE TRUST DEED DATED 22.04.2003 EXECUTED BETWEEN THE KERALA STATE WAREHOUSING CORPORATION, 1ST RESPONDENT, AND THE COMMITTEE OF TRUSTEES ANNEXURE A2 TRUE COPY OF THE LETTER AGRI-PU2/169/2017AGRI DATED 04-10-2018 SENT TO THE RESPONDENT. ANNEXURE A3 TRUE COPY OF ENGLISH TRANSLATION OF ANNEXURE A1 LETTER AGRI-PU2/169/2017-AGRI DATED 04-10-2018 SENT TO THE RESPONDENT.
R.P.NOS.561 & 659 OF 2020
6
APPENDIX OF RP 659/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE RELEVANT EXTRACT OF TRUST DEED EXECUTED BETWEEN THE FIRST RESPONDENT AND THE COMMITTEE OF TRUSTEES CONSTITUTED UNDER REGULATION 3 (3) OF THE KERALA STATE WAREHOUSING CORPORATION EMPLOYEES (PENSION AND OTHER RETIREMENT BENEFITS) REGULATIONS, 1998
ANNEXURE 11 TRUE COPY OF THE GOVERNMENT LETTER NO AGRIPU2/169/2017/AGRI DATED 4.10.2018 ANNEXURE 111 TRUE COPY OF THE GO (RT) NO 769/2020/AGRI DATED 14.9.2020
1 issue framed by the court
Whether a review petition should be allowed on the basis of a Trust Deed claimed to be produced for the first time after the original judgment was rendered.
KERALA STATE WAREHOUSING CORPORATION PENSIONERS' ASSOCIATION and others
M.SADASIVAN
KERALA STATE WAREHOUSING CORPORATION
KERALA STATE WAREHOUSING CORPORATION, EMPLOYEES PENSION AND OTHER RETIREMENT BENEFITS FUND TRUST
KERALA STATE WAREHOUSING CORPORATION OFFICERS' ORGANIZATION
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
