Court dismissed a writ petition filing a fresh petition if fresh cause of action exists, declaring existing prayers infructuous.
Writ petition closed; petitioner permitted to file fresh petition upon fresh cause of action.
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 P.V.KUNHIKRISHNAN WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
WP(C) NO. 8102 OF 2018
PETITIONER:
SC/ST EMPLOYEES WELFARE ASSOCIATION OF BSNL, KERALA CIRCLE, C2, BSNL, STAFF QUARTERS, KESAVADASAPURAM, THIRUVANANTHAPURAM DISTRICT - 695 004, REPRESENTED BY ITS SECRETARY, B.SUSEELAN, SUB DIVISIONAL ENGINEER (EXTERNAL), KAITHAMUKKU, THIRUVANANTHAPURAM BA. BY ADVS. SRI.PRAMOD J.DEV M.BALAGOVINDAN
RESPONDENTS:
1 THE CHAIRMAN AND MANAGING DIRECTOR, BHARAT SANCHAR NIGAM LIMITED, BHARAT SANCHAR BHAVAN, H.C.MATHUR LANE, JANPATH, NEW DELHI - 110 001. 2 THE CHIEF LIAISON OFFICER BSNL CORPORATE OFFICE, JANPATH, EASTERN COURT, NEW DELHI - 110 001. 3 THE CHIEF GENERAL MANAGER BSNL KERALA CIRCLE, PMG JN.,THIRUVANANTHAPURAM - 695 003. 4 THE LIAISON OFFICER BSNL KERALA CIRCLE, PMG JN.,THIRUVANANTHAPURAM - 695 003. 5 THE SCST EMPLOYEES WELFARE ASSOCIATION OF BSNL CENTRAL HEAD QUARTERS,D-3, ATUL GROVE ROAD, NEW DELHI - 110 001,REPRESENTED BY ITS GENERAL SECRETARY. BY ADVS. SRI.SAJI VARGHESE, SC, BSNL SRI.ABRAHAM P.GEORGE SMT.M.SANTHY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.8102/2018
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P.V.KUNHIKRISHNAN, J.
W.P.(C).No.8102 of 2018
---------------------------------------------Dated this the 01st day of September, 2021
JUDGMENT
Admittedly the prayers in this writ petition are infructuous. There is some other grievance to the petitioner. The petitioner is free to file a fresh writ petition, if there is any fresh cause of action.
With the above observation, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
W.P.(C).No.8102/2018
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APPENDIX OF WP(C) 8102/2018
PETITIONER EXHIBITS
| EXHIBIT P1: | TRUE COPY OF THE RESOLUTION PASSED BY THE PETITIONER ORGANIZATION IN ITS MEETING HELD ON 26.02.2018. |
|---|---|
| EXHIBIT P2: | TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE SEWA BSNL WITH REGISTRATION NUMBER 58891/2007. |
| EXHIBIT P3: | TRUE COPY OF THE LETTER ISSUED BY THE FOURTH RESPONDENT BEARING NO.HR- 1/SCTEWA/2017/54 DATED 01.03.2018. |
| EXHIBIT P4: | TRUE COPY OF THE LETTER ISSUED BY SECOND RESPONDENT BEARING NO.65- 3/2015-SCT (PT) DT.18.03. |
| EXHIBIT P5: | TRUE COPY OF THE LETTER ISSUED BY THE SECOND RESPONDENT BEARING NO.65- 3/2015-SCT (PT-I) DT.10.3.17. |
| EXHIBIT P6: | TRUE COPY OF THE REPRESENTATION DATED 27.01.2018 SUBMITTED BY THE PETITIONER BEFORE THE FIRST AND SECOND RESPONDENTS. |
| EXHIBIT P7: | TRUE COPY OF THE JUDGMENT IN WP(C)NO.3699 OF 2018 OF THIS HON'BLE COURT. |
| EXHIBIT P8: | TRUE COPY OF THE LETTER ISSUED BY THE SECOND RESPONDENT, BEARING NO.115- 1/2018-SCT DATED 22.02.18. |
| EXHIBIT P9: | TRUE COPY OF THE REPRESENTATION DATED 24.02.18 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. |
| ADDITIONAL EXHIBIT P10 |
A TRUE COPY OF HTE MAIL SENT BY THE PETITIONER TO THE FIRST RESPONDENT ON 11.03.2018 |
| ADDITIONAL | TRUE COPY OF HTE NOTIFICATION OF |
| EXHIBIT P11 | ELECTION BEARING NO.65-1/2018-SCT/274 DATED 20.03.2018 ISSUED BY THE SECOND RESPONDENT |
| ADDITIONAL EXHIBIT P12 |
TRUE COPY OF THE MODEL GUIDELINES BEARING NO.65-1/2018-SCT/273 DATED 20.03.2018 ISSUED BY THE SECOND RESPONDENT |
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ADDITIONAL TRUE COPY OF HTE LETTER NO.HREXHIBIT P11 1/SCTEWA/2017/79 DATED 11.04.2018 ADDITIONAL TRUE COPY OF TEH RELEVANT PAGES OF EXHIBIT P10 LIST SHOWING THE TOTAL NUMBER OF PAID MEMBERS OF HTE FIFTH RESPONDENT ASSOCIATION FROM EACH REGION ADDITIONAL A TRUE COPY OF HTE REPRESENTATION EXHIBIT P13 NO.SEWA BSNL/KRL/2017-18 DATED TVM, 20.06.2018 ADDITIONAL TRUE COPY OF HTE POSTAL RECEIPT FOR EXHIBIT P14 HAVING SENT THE REPRESENTATION ADDITIONAL TRUE COPY OF HTE RULES AND REGULATIONS EXHIBIT P15 OF THE SC/ST EMPLOYEES WELFARE ASSOCIATION OF BSNL (IN SHORT SEWA, BSNL) ADDITIONAL A TRUE COPY OF THE REPRESENTATION EXHIBIT P16 DATED 15.11.2019 SUBMITTED BY THE PETITIONER BEFORE HTE SIXTH RESPONDENT ADDITIONAL A TRUE COPY OF THE LETTER DATED EXHIBIT P17 25/2/2020 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT
RESPONDENT EXHIBITS
| EXHIBIT R5(A) | TRUE PHOTOCOPY OF HTE AUTHORIZATION LETTER DATED 10.9.2018 BY THE ALL INDIA GOVERNING COMMITTEE OF SEWA BSNL IN FAVOUR OF C.S.RAJENDRAN |
|---|---|
| EXHIBIT R5(B) | TRUE COPY OF LETTER DATED 07.12.2016 ISSUED BY THE GENERAL SECRETARY OF 5TH RESPONDENT INTIMATING THE SUSPENSION OF THE -B.SUSEELAN AND P.A.KUMARAN |
| EXHIBIT R5(C) | TRUE PHOTOCOPY OF HTE INTIMATION ISSUED BY THE POSTAL AUTHORITIES REGARDING DELIVERY OF EXT.R5(B) TO MR.S.SUSEELAN |
| EXHIBIT R5(D) | TRUE PHOTOCOPY OF HTE LETTER DATED 17.02.2016 SUBMITTED BY THE GENERAL SECRETARY OF 5TH RESPONDENT TO THE CHIEF GENERAL MANAGER, TELECOM, BSNL KERALA |
| EXHIBIT R5(E) | TRUE PHOTOCOPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC NO.10845/2016 |
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EXHIBIT R5(F) TRUE PHOTOCOPY OF THE PLAINT IN OS NO.1322/2015 IN THE FILE OF MUNSIFF'S COURT, ERNAKULAM EXHIBIT R5(g) THE TRUE PHOTOCOPY OF THE JUDGMENT PASSED BY THE HON'BLE MUNSIFF'S COURT, ERNAKULAM IN OS NO.1322/2015 DATED 30.11.2019. ANNEXURE A1 THE TRUE PHOTOCOPY OF HTE AUTHORIZATION LETTER DATED 05.02.2020 ISSUED BY THE NATIONAL GENERAL SECRETARY, N.D.RAM
SC/ST Employee Welfare Association of BSNL, Kerala Circle
Chairman and Managing Director, Bharat Sanchar Nigam Limited
Chief Liaison Officer BSNL Corporate Office
Chief General Manager BSNL Kerala Circle
Liaison Officer BSNL Kerala Circle
SCST Employee Welfare Association of BSNL Central Head Quarters
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
