Allowed
Kerala State Transport Employees Sangh (Bms) Reg. No. 161/84 v. State of Kerala
Kerala HCWA/1665/2022
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 11TH DAY OF NOVEMBER 2022 / 20TH KARTHIKA, 1944
WA NO. 1665 OF 2022
AGAINST THE JUDGMENT WP(C) 7235/2021 OF HIGH COURT OF KERALA
APPELLANT/S:
1KERALA STATE TRANSPORT EMPLOYEES SANGH (BMS) REG.
NO. 161/84
HEAD OFFICE AT MAZDOOR BHAVAN, THALIYAL ROAD,
KARAMANA, THIRUVANANTHAPURAM, PIN- 695 002
(REPRESENTED BY ITS GENERAL SECRETARY SRI K.L.
RAJESH, AGED 45 YEARS, S/O LATE KRISHNAN NAIR,
RESIDING AT "SREE LALITHAM", CHERUTHAMPODU,
KEESHAROOR, THIRUVANANTHAPURAM DISTRICT, PIN-
695124)
2RAMESHKUMAR M.R
AGED 45 YEARS, S/O SRI G.RAMACHANDRAN NAIR ,
DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION-
ERNAKULAM UNIT (RESIDING AT MANAPPATTUPUTHENPURA,
VENGOOR POST, PIN-683546)
BY ADV T.M.RAMAN KARTHA
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT OF KERALA GOVT. SECRETARIAT, THIRUVANANTHPURAM-, PIN - 6950012 KERALA STATE ROAD TRANSPORT CORPORATION KSRTC CHIEF OFFICE AT TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM -695 001 REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 6950013 THE CHAIRMAN KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC) CHIEF OFFICE AT TRANSPORT BHAVAN, FORT,W. A. No. 1665 of 2022
-2-
THIRUVANANTHAPURAM-, PIN - 695001
4 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC) CHIEF OFFICE AT TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-, PIN - 6950015 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE MINISTRY OF SURFACE TRANSPORT, GOVERNMENT OF INDIA, NEW DELHI-, PIN - 110002OTHER PRESENT:
SRI. DEEPU THANKAN, SC KSRTC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
11.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. A. No. 1665 of 2022
-3-
J U D G M E N T
S. Manikumar, C. J.
Instant writ appeal has been filed against the judgment in W. P. (C) No. 7235 of 2021 dated 08.07.2022.
No. 1327 of 2022, and after hearing the parties, by judgment dated 28.09.2022, we set aside the order of the learned Single Judge made in W. P. (C) No. 7077 of 2021 dated 08.07.2022 and allowed W. A. No. 1327 of 2022.
Facts and circumstances of W. A. No. 1327 of 2022, and the judgment rendered therein, squarely applies to the instant writ appeal.
Accordingly, instant writ appeal is allowed.
Sd/-
S. MANIKUMAR CHIEF JUSTICE
Sd/-
SHAJI P. CHALY JUDGE
///TRUE COPY/// P. A. TO JUDGE
Eb
1 issue framed by the court
Whether the instant writ appeal, being on identical facts and circumstances to a previously disposed petition, requires independent adjudication or can be allowed without fresh argument.
Kerala State Transport Employees Sangh (BMS)
Rameshkumar M.R
State of Kerala
Kerala State Road Transport Corporation
The Chairman Kerala State Road Transport Corporation
Union of India
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
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