Dismissed

Transport Democratic Federation (Tdf) v. State of Kerala

Kerala HC8 Jul 2022WP(C)/7077/2021

Case brief

AI extract

What is this about?

The High Court of Kerala, ruling on multiple connected writ petitions involving transport unions and employees, dismissed the petitions entirely. The court held that the subject matter of these writs had already been decided in the case of W.P.(C) No.9884 of 2022 and followed that decision. No separate reasoning is provided for the individual petitions.

What the court decided

AI extract

Transport Democratic Federation (Tdf) Vs State of Kerala — Company and Corporate | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8^TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 21909 OF 2022

¶3

PETITIONER/S:

¶4

TRANSPORT DEMOCRATIC FEDERATION (TDF), REGISTRATION NO.01-06 OF 2002 H.O.S. HEAD OFFICE, S. VARADARAJAN NAIR SMARAKA MANDIRAM, MANJALIKULAM ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS WORKING PRESIDENT R. SASIDHARAN, S/O. RAGHAVAN, AGED 71 YEARS, 'LALITH', KANJIRAMPARA P.O., KANJIRAMPARA, THIRUVANANTHAPURAM, PIN - 695030

¶5

BY ADVS. BABU JOSEPH KURUVATHAZHA K.S.ARCHANA MOHAMMED SHAFI.K

¶6

RESPONDENT/S:

¶7

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001, PIN - 695001 2 KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695 023, REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR., PIN - 695023 3 EXECUTIVE DIRECTOR (ADMN.) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023., PIN - 695023

¶8

4 KSRTC - SWIFT ANAYARA DEPOT OF KERALA STATE ROAD TRANSPORT CORPORATION, ANAYARA, THIRUVANANTHAPURAM - 695 029, REPRESENTED BY ITS CHAIRMAN., PIN - 695029 5 BIJU PRABHAKAR IAS, CHAIRMAN & MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023., PIN - 695023

¶9

OTHER PRESENT:

¶10

SPL GP SRI P SANTHOSH KUMAR, SRI. DEEPU THANKAN, SC KSRTC

¶11

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2022, ALONG WITH WP(C).4655/2022, 5573/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶12

WP(C) NO. 21909 OF 2022 and conctd. Cases 2

¶13

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶14

PRESENT

¶15

THE HONOURABLE MR. JUSTICE AMIT RAWAL

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FRIDAY, THE 8^TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 4655 OF 2022

¶17

PETITIONER/S:

¶18

1 D.AJAYAKUMAR, AGED 50 YEARS S/O. DAMODARAN NAIR, SECRETARY, KERALA STATE TRANSPORT WORKERS UNION, (REGISTRATION NO. 174/1955), S. VARADARAJAN NAIR, SMARAKA MANDIRAM, THAMPANOOR, THIRUVANANTHAPURAM 695 014.

¶19

2 M.I. ALIYAR, AGED 46 YEARS S/O. IBRAHIM MA.A, ORGANIZING SECRETARY, KERALA STATE TRANSPORT WORKERS UNION, (REGISTRATION NO. 174/1955), S. VARADARAJAN NAIR, SMARAKA MANIDRM, THAMPANOOR, THIRUVANANTHAPURAM 695 014.

¶20

BY ADV G.S.REGHUNATH

¶21

RESPONDENT/S:

¶22

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR TRANSPORT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001.

¶23

2 KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), TRANSPORT BHAVAN, FORT (P.O.), THIRUVANANTHAPURAM 695 023, REPRESENTED BY ITS MANAGING DIRECTOR.

¶24

3 EXECUTIVE DIRECTOR (ADMN). KERALA STATE TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM 695 023.

¶25

4 KSRT- SWIFT ANAYARA DEPOT OF KERALA STATE ROAD, TRANSPORT CORPORATION, ANAYARA, THIRUVANANTHAPURAM 695 029, REPRESENTED BY ITS CHAIRMAN.

¶26

5 BIJU PRABHAKAR, MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), TRANSPORT BHAVAN, FORT (PO), THIRUVANANTHAPURAM 695 023.

¶27

SPL GP SRI P SANTHOSH KUMAR, SRI. DEEPU THANKAN, SC KSRTC

¶28

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2022, ALONG WITH WP(C).21909/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶29

WP(C) NO. 21909 OF 2022 and conctd. Cases 3

¶30

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8^TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 5573 OF 2021

¶31

PETITIONER/S:

¶32

SANTHOSH T.S ITTITHARA VEEDU, KODAMTHURUTH, KUTHIYATHODU P.O., ALAPPUZHA DISTRICT.

¶33

BY ADVS. P.RAVINDRAN (SR.) P.DEEPAK

¶34

RESPONDENT/S:

¶35

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶36

2 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.

¶37

3 THE CHAIRMAN AND MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.

¶38

4 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, P.S.C. OFFICE, PATTOM, THIRUVANANTHAPURAM-695 004.

¶39

BY ADVS. SPL GP SRI P SANTHOSH KUMAR, SHRI.T.P SAJAN, SC, KERALA STATE ROAD TRANSPORT CORPORATION - KSRTC K.JAJU BABU (SR.) K.P.RAJEEVAN SHRI.DEEPU THANKAN, SC, KSRTC

¶40

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2022, ALONG WITH WP(C).21909/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶41

WP(C) NO. 21909 OF 2022 and conctd. Cases 4

¶42

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶43

THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8^TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 5901 OF 2021

PETITIONER/S:

NIDHEESH KUMAR

AGED 45 YEARS

S/O.VELU, CHALIKKARA HOUSE, KAYAPPILLY, OLAVANNA P.O., KOZHIKODE.

¶48

BY ADV ANIL KUMAR M.SIVARAMAN

¶49

RESPONDENT/S:

¶50

1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶51

2 THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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3 KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY THE MANAGING DIRECTOR, PIN-695035.

¶53

4 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN-695035.

¶54

5 KERALA STATE ROAD TRANSPORT CORPORATION-SWIFT, K.S.R.T.C BUS TERMINAL, ANAYARA, THIRUVANANTHAPURAM, PIN695029, REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR.

¶55

6 ADDL.R6. RAVI.G 48 YEARS, S/O. GOPI, T.C. 15/103, D-10, ALTHARA NAGAR, SASTHAMANGALAM.P.O., THIRUVANANTHAPURAM-695010.

¶56

7 ADDL.R7. ANOOP.M 42 YEARS, S/O. PARAMESHWARAN, SUNIL NIVAS, PAPPINIPARA.P.O., MANJERI, MALAPPURAM-676517.

¶57

(ADDL.R6 AND R7 IMPLEADED AS PER ORDER DATED 09-02-2022 IN IA 2/2022). BY ADVS. GOVERNMENT PLEADER K.JAJU BABU (SR.) P.DEEPAK

¶58

SHRI.DEEPU THANKAN, SC, KSRTC

¶59

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2022, ALONG WITH WP(C).21909/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶60

WP(C) NO. 21909 OF 2022 and conctd. Cases 5

¶61

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶62

PRESENT

¶63

THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8^TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 7077 OF 2021

¶64

PETITIONER/S:

¶65

TRANSPORT DEMOCRATIC FEDERATION (TDF) REGISTRATION NO. 01.06. OF 2002 H.O.S. HEAD OFFICE , S. VARADARAJAN NAIR, SMARAKA MANDIRAM, MANJALIKULAM ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS WORKING PRESIDENT R. SASIDHARAN, S/O. RAGHAVAN, AGED 70 YEARS, LALITH, KANJIRAMPARA P.O, KANJIRAMPARA , THIRUVANANTHAPURAM-695 030

¶66

BY ADVS. BABU JOSEPH KURUVATHAZHA SRI.M.G.SREEJITH SMT.K.S.ARCHANA SRI.KURIAN GEORGE KANNANTHANAM (SR.)

¶67

RESPONDENT/S:

¶68

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR TRANSPORT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶69

2 KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM-695 023, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

¶70

3 EXECUTIVE DIRECTOR (ADMN.), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM-695 23

¶71

4 KSRTC-SWIFT, ANAYARA DEPOT OF KERALA STATE ROAD, TRANSPORT CORPORATION, ANAYARA, THIRUVANANTHAPURAM-695 029, REPRESENTED BY ITS CHAIRMAN.

¶72

BY ADVS. GOVERNMENT PLEADER SRI.DEEPU THANKAN K.JAJU BABU (SR.)

¶73

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2022, ALONG WITH WP(C).21909/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶74

WP(C) NO. 21909 OF 2022 and conctd. Cases 6

¶75

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶76

THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8^TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 7235 OF 2021

¶77

PETITIONER/S:

¶78

1 KERALA STATE TRANSPORT EMPLOYEES SANGH (BMS) REG. NO. 161/84 HEAD OFFICE AT MAZDOOR BHAVAN, THALIYAL ROAD, KARAMANA, THIRUVANANTHAPURAM, PIN-695002, (REPRESENTED BY ITS GENERAL SECRETARY SRI. K.L.RAJESH, AGED 43 YEARS, S/O. LATE KRISHNAN NAIR, RESIDING AT SREE LALITHAM, CHERUTHAMPODU, KEESHAROOR, THIRUVANANTHAPURAM DISTRICT, PIN-695124).

¶79

2 RAMESHKUMAR M.R., AGED 44 YEARS S/O. SRI.G.RAMACHANDRAN NAIR, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM UNIT (RESIDING AT MANAPPATTUPUTHENPURA, VENGOOR POST, PIN-683546). BY ADVS. T.M.RAMAN KARTHA SMT.MANJU R. KARTHA SMT.M.S.SOUJATH SMT.KEERTHI.S.NAIR

¶80

RESPONDENT/S:

¶81

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM695001. 2 KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), CHIEF OFFICE AT TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM695001, REPRESENTED BY ITS MANAGING DIRECTOR. 3 THE CHAIRMAN, KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), CHIEF OFFICE AT TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695001. 4 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), CHIEF OFFICE AT TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695001. 5 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE MINISTRY OF SURFACE TRANSPORT, GOVERNMENT OF INDIA, NEW DELHI-110002. BY ADVS. GOVERNMENT PLEADER SRI.DEEPU THANKAN SHRI.P.VIJAYAKUMAR, ASG OF INDIA K.JAJU BABU (SR.) S.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2022, ALONG WITH WP(C).21909/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶82

WP(C) NO. 21909 OF 2022 and conctd. Cases 7

¶83

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶84

PRESENT

¶85

THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8^TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 14784 OF 2021

¶86

PETITIONER/S:

¶87

1 VINOD KUMAR .S AGED 42 YEARS PATTAKUDI RODARIKATHU (VEEDU), VELLARADA P.O., THIRUVANANTHAPURAM 695 505

¶88

2 SHERMIMOL C.K. CHOTTUPARAYIL, MULLARINAD, IDUKKI 685 607 3.

¶89

PRAKASHAN T.K, THEKKE KURUNTHIL HOUSE, ANNUR P.O, KANDAKKAI, KANNUR670602

¶90

3 MANOJ B. SARASWATHI BHAVANAM, AITHOTTUVA, WEST KALLADA P.O., KOLLAM 691 500

¶91

4 BINU V. CHEPPALLIL VEEDU, AITHOTTUVA, WEST KALLADA P.O., KOLLAM 691 500 BY ADVS. P.NANDAKUMAR

¶92

AMRUTHA SANJEEV

¶93

RESPONDENT/S:

¶94

1 KERALA STATE ROAD TRANSPORT CORPORATION LTD. REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 695 023

¶95

2 MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION LTD., TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 695 023

¶96

3 KSRTC-SWIFT REP. BY ITS EX OFFCIO CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 695 023

¶97

4 STATE OF KERALA REP. BY ITS SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

¶98

BY ADVS. DEEPU THANKAN ADVOCATE GENERAL OFFICE KERALA

¶99

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2022, ALONG WITH WP(C).21909/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶100

WP(C) NO. 21909 OF 2022 and conctd. Cases 8

¶101

JUDGMENT

¶102

The controversy involved in these cases has already been decided by this Court vide judgment dated 23.3.2022 in W.P.(C) No.9884 of 2022 against the petitioner therein.

¶103

In this view of the matter, these writ petitions are also dismissed in terms of the judgment in W.P.(C) No.9884 of 2022.

SD/-

sab

AMIT RAWAL

JUDGE

WP(C) NO. 21909 OF 2022 and conctd. Cases 9

¶109

APPENDIX OF WP(C) 4655/2022

¶110

PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE RELEVANT PAGE OF THE BYE- LAW KERALA TRANSPORT WORKERS UNION.
Exhibit P2	TRUE COPY OF THE RESOLUTION DATED 1.1.2022 OF THE STATE EXECUTIVE COMMITTEE OF KERALA TRANSPORT WORKERS UNION.
Exhibit P3	TRUE COPY OF THE G.O.(MS) NO. 58/2021/TRANS DATED 11.12.2021 ISSUED BY THE IST RESPONDENT.
Exhibit P4	TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF 4TH RESPONDENT.
Exhibit P5	TRUE COPY OF THE MOTOR VEHICLE AGGREGATE GUIDELINES 2020 ISSUED BY THE GOVERNMENT OF INDIA.
RESPONDENT'S EXHIBITS: R1(A)	TRUE COPY OF THE G.O(MS)NO.315/2016/FIN DATED 8.8.2016

¶112

WP(C) NO. 21909 OF 2022 and conctd. Cases 10

¶113

APPENDIX OF WP(C) 5573/2021

¶114

PETITIONER EXHIBITS

¶115

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 30.6.2015 IN WPC NO.25879/2014. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 27.3.2019 IN R.P.NO.624/2015 IN WPC NO.25879/2014. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 8.4.2019IN W.A.NO.1011/2019 AND CONNECTED WRIT PETITIONS. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 8.5.2019 OF THE HON'BLE SUPREME COURT IN SPECIAL LEAVE TO APPEAL NO.11034/2019. EXHIBIT P5 TRUE COPY OF THE MEMORANDUM ISSUED BY THE 3RD RESPONDENT DATED 28.6.2019. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 11.6.2019 IN W.A.NO.2504/2017. EXHIBIT P7 TRUE COPY OF THE ADDITIONAL AFFIDAVIT FILED BY THE 3RD RESPONDENT IN CONT, CASE(C) NO.1375/2019 DATED 29.8.2019. EXHIBIT P8 TRUE COPY OF THE MEMORANDUM ISSUED BY THE EXECUTIVE DIRECTOR (ADMINISTRATION) OF THE 2ND RESPONDENT DATED 28.9.2019. EXHIBIT P9 TRUE COPY OF THE GOVERNEMNT ORDER G.O.(MS) NO.7/2021/TRANS DATED 19.2.2021 ISSUED BY THE IST RESPONDENT. EXHIBIT P10 TRUE COPY OF THE ORDER G.O(M.S)NO.58/2021/TRANS DATED 11.12.2021 ISSUED BY THE 1ST RESPONDENT

¶116

WP(C) NO. 21909 OF 2022 and conctd. Cases 11

¶117

RESPONDENT EXHIBITS

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EXHIBIT R5(a)	A TRUE COPY OF MEMORANDUM NO.PL12/000133/07 DATED 31.1.2008 ISSUED TO THE 1ST PETITIONER.
EXHIBIT R5(b)	A TRUE COPY OF CASH RECEIPT DATED 602.2008 ISSUED TO THE PETITIONER BY THE ASSISTANT TRANSPORT OFFICER, KANIYAPURAM DEPOT OF THE KSRTC.
EXHIBIT R5(b)	A TRUE COPY OF CASH RECEIPT DATED 602.2008 ISSUED TO THE PETITIONER BY THE ASSISTANT TRANSPORT OFFICER, KANIYAPURAM DEPOT OF THE KSRTC.
EXHIBIT R5(c)	A TRUE COPY OF ATTENDANCE DETAILS ISSUED TO THE 1ST PETITIONER BY THE PUBLIC INFORMATION OFFICER OF VIKAS BHAVAN DEPOT VIDE NO.C1 RTI A/6198/18/VKBN DATED NIL.
EXHIBIT R5(c)	A TRUE COPY OF ATTENDANCE DETAILS ISSUED TO THE 1ST PETITIONER BY THE PUBLIC INFORMATION OFFICER OF VIKAS BHAVAN DEPOT VIDE NO.C1 RTI A/6198/18/VKBN DATED NIL.
EXHIBIT R5(d)	A TRUE COPY OF THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECT OF THE KERALA STATE ROAD TRANSPORT CORPORATION) ACT 1970.

¶119

WP(C) NO. 21909 OF 2022 and conctd. Cases 12

¶120

APPENDIX OF WP(C) 5901/2021

¶121

PETITIONER EXHIBITS

¶122

Exhibit P1 THIS HON'BLE COURT	TRUE COPY OF THE INTERIM ORDER PASSED BY IN W.P.(C) NO.29324/2012 DATED 4.1.2013
Exhibit P2	TRUE COPY OF THE JUDGMENT OF THE HON'BLE COURT IN WPC 24539/2013 DATED 21.2.2014
Exhibit P3	TRUE COPY OF THE INTERIM ORDER DATED 30/6/2015 IN WPC NO 2460/2015
	TRUE COPY OF THE JUDGMENT OF THE HON'BLE
Exhibit P4	DIVISION BENCH IN WPC 2460/2015 DATED 8.4.2019
	TRUE COPY OF THE ORDER PASSED BY THE
Exhibit P5	HON'BLE SUPREME COURT IN SLP NO.11034/2019
Exhibit P6	TRUE COPY OF THE NEWS REPORT CAME IN KERALA KAUMUDI DAILY DATED 3RD JULY 2019
Exhibit P7	TRUE COPY OF THE ORDER GO(MS) NO 7/2021 TRANS DATED 19.2.2021 ISSUED BY THE 2ND RESPONDENT
Exhibit P8	TRUE COPY OF THE ORDER NO 402/GL2/2021/RTC DATED 24.2.2021 ISSUED BY THE CHAIRMAN OF CHAIRMAN
Exhibit P9	TRUE COPY OF THE MEMORANDAM/ORDER ISSUED BY THE MANAGING DIRECTOR OF KSRTC DATED 26.2.2021
Exhibit P10	TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC 7077/2021 DATED 18.3.2021
Exhibit P11	TRUE COPY OF THE MEMORANDAM ISSUED BY THE CHAIRMAN OF KSRTC DATED 12.7.2021
Exhibit P12	TRUE COPY OF THE G.O MS NO 58/2021 DATED 11.12.2021

¶123

WP(C) NO. 21909 OF 2022 and conctd. Cases 13

¶124

Exhibit P13 TRUE COPY OF THE NEWS REPROTED IN MATHRUBHUMI ONLINE DAILY EXHIBIT P14 TRUE COPY OF THE NOTIFICATION/INVITATION PUBLISHED IN THE OFFICIAL WEBSITE OF KSRTC-SWIFT

¶125

RESPONDENT'S EXIBITS R1(b) A TRUE COPY OF THE NOTIFICATION OF THE KSRTC-SWIFT LTD. R2(a) TRUE COPY OF THE G.O(M.S) No.315/2016/FIN DATED 8.8.2016

¶126

WP(C) NO. 21909 OF 2022 and conctd. Cases 14

¶127

APPENDIX OF WP(C) 7077/2021

¶128

PETITIONER EXHIBITS

¶129

EXHIBIT	P1	TRUE COPY OF THE DRAFT MEMORANDUM OF ASSOCIATION ISSUED BY THE 2ND RESPONDENT.
EXHIBIT	P2	TRUE COPY OF THE DRAFT ARTICLES OF ASSOCIATION ISSUED BY THE 2ND RESPONDENT.
EXHIBIT	P3	TRUE COPY OF THE ORDER NO. 018/CMD/2021 DATED 22.2.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT	P4	TRUE COPY OF THE LETTER NO. 446/GL8(LR) / 2021/RTC DATED 8.3.2021 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT	P5	TRUE COPY OF THE LETTER DATED 20.02.2021 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT	P6	TRUE COPY OF THE MINUTES ENCLOSED ALONG WITH EXT. P5.
EXHIBIT	P7	TRUE COPY OF THE MINUTES OF THE MEETING CONVENED BY THE 2ND RESPONDENT ON 11.1.2021.

¶130

WP(C) NO. 21909 OF 2022 and conctd. Cases

¶131

¶132

WP(C) NO. 21909 OF 2022 and conctd. Cases 16

¶133

APPENDIX OF WP(C) 7235/2021

¶134

PETITIONER EXHIBITS

¶135

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 24.2.2016 OF THE 1ST PETITIONER UNDER THE INDIAN TRADE UNIONS ACT, 1926. EXHIBIT P1(A) TRUE COPY OF THE ORDER DATED 30.1.2021 RECOGNIZING THE 1ST PETITIONER AS A CONSTITUENT OF THE JOINT BARGAINING COUNCIL OF KSRTC. EXHIBIT P2 TRUE COPY OF ORDER DATED 5.7.2014 IN G.O. (MS)NO.50/2014/TRAN. ISSUED BY THE GOVERNMENT. EXHIBIT P3 TRUE COPY OF ORDER DATED 29.8.2014 IN G.O. (MS) NO.61/2014/TRAN. ISSUED BY THE GOVERNMENT. EXHIBIT P4 TRUE COPY OF ORDER DATED 9.10.2014 IN G.O. (RT)NO.454/2014/TRAN. ISSUED BY THE GOVERNMENT. EXHIBIT P5 TRUE COPY OF ORDER DATED 19.2.2021 IN G.O. (MS)NO.7/2021/TRANS ISSUED BY THE GOVERNMENT. EXHIBIT P6 TRUE COPY OF ORDER DATED 2.2.2021 IN G.O. (RT)NO.50/2021/TRANS ISSUED BY THE GOVERNMENT. EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 23.2.2021 SUBMITTED BY THE PETITIONERS BEFORE THE HON'BLE CHIEF MINISTER OF KERALA. EXHIBIT P8 TRUE COPY OF MINUTES DATED 11.1.2021. EXHIBIT P9 TRUE COPY OF MINUTES DATED 5.2.2021.

¶136

WP(C) NO. 21909 OF 2022 and conctd. Cases 17

¶137

EXHIBIT P10 TRUE COPY OF THE DRAFT MEMORANDUM OF ASSOCIATION OF THE PROPOSED COMPANY KSRTCSWIFT. Exhibit P11 TRUE COPY OF THE DETAILS OF KSRTC -SWIFT LIMITED AS DOWNLOADED FROM THE WEBSITE OF THE REGISTRAR OF COMPANIES, ERNAKULAM Exhibit P12 TRUE COPY OF PRESS RELEASE ISSUED BY THE 2ND RESPONDENT Exhibit P13 TRUE COPY OF THE MEMORANDUM DATED 10.11.2021 ISSUED BY THE GENERAL MANAGER (SWIFT) OF THE 2ND RESPONDENT REGULATING FUEL OUTLETS OF THE K.S.R.TC. Exhibit P14 TRUE COPY OF THE NEWS REPORT DATED 18.11.2021 PUBLISHED BY THE MATHRUBHOOMI DAILY NEWSPAPER Exhibit P14A TRUE COPY OF THE NEWS REPORT DATED 18.11.2021 PUBLISHED BY THE MALAYALA MANORAMA DAILY NEWSPAPER Exhibit P14B TRUE COPY OF THE NEWS REPORT DATED 21.11.2021 PUBLISHED BY KERALA KAUMUDI DAILY NEWSPAPER Exhibit P14c TRUE COPY OF THE NEWS REPORT DATED 21.11.2021 PUBLISHED BY THE MATHRUBHOOMI Exhibit P15 DAILY NEWSPAPER RESPONDENT EXHIBITS Exhibit R1(a) G.O ORDER G.O(MS) NO.58/2021/TRANS DATED 11.12.2021 Exhibit R1(b) A TRUE COPY OF THE NOTIFICATION OF THE KSRTC-SWIFT LTD.

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WP(C) NO. 21909 OF 2022 and conctd. Cases

¶139

¶140

Exhibit R2(a) TRUE COPY OF THE APPROVAL ORDER DATED 17.11.2020 TRUE COPY OF THE G.O(Ms) NO.315/2016/Fin Exhibit R2(b) dated 8.8.2016

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WP(C) NO. 21909 OF 2022 and conctd. Cases 19

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APPENDIX OF WP(C) 14784/2021

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PETITIONER EXHIBITS

¶144

Exhibit P1	TRUE COPY OF MEMORANDUM DATED 20.11.2020 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT
Exhibit P2	TRUE COPY OF MEMORANDUM DATED 23.11.2020 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT
Exhibit P3	TRUE COPY OF MEMORANDUM DATED 26.02.2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT
Exhibit P4	TRUE COPY OF LETTER DATED 2.2.2021 SENT BY THE GOVERNMENT TO GENERAL SECRETARY, KERALA STATE ROAD TRANSPORT EMPLOYEES ASSOCIATION
Exhibit P5	TRUE COPY OF MEMORANDUM DATED 24.06.2021 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT
Exhibit P6	TRUE COPY OF MEMORANDUM DATED 12.7.2021 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT
RESPONDENT'S
EXHIBITS: R1(b):	A TRUE COPY OF THE NOTIFICATION OF THE KSRTC-SWIFT LTD.

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WP(C) NO. 21909 OF 2022 and conctd. Cases 20

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APPENDIX OF WP(C) 21909/2022

¶147

PETITIONER EXHIBITS

¶148

Exhibit1 TRUE COPY OF G.O.(MS) NO.58/2021/TRANS DATED 11.12.2021 ISSUED BY THE 1ST RESPONDENT.

¶149

Exhibit2 TRUE COPY OF THE MEMORANDUM OF ASSOCIATION AND ARTICLES OF ASSOCIATION OF THE KSRTC SWIFT.

¶150

Exhibit3 TRUE COPY OF THE CERTIFICATE OF INCORPORATION DATED 10.11.2021 ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS UNDER THE GOVERNMENT OF INDIA.

¶151

Exhibit4 TRUE COPY OF THE MOTOR VEHICLE AGGREGATORS GUIDELINES-2020 ISSUED BY THE GOVERNMENT OF INDIA, REPRESENTED BY ITS MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, ON 27.11.2020.

Transport Democratic Federation (Tdf) v. State of Kerala

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What the court decided

Transport Democratic Federation (Tdf) v. State of Kerala

Case brief

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