Dismissed

Ex. Nk. Dilipkumar v. Union of India

Kerala HC7 Mar 2024WP(C)/23919/2020

Case brief

AI extract

What is this about?

This single-judge order disposed of a writ petition challenging service matters for Unit Run Canteen staff. The Court found the matter not maintainable, relying on a prior judgment dated 04.03.2024 which held that Unit Run Canteens do not fall under the definition of the State under Article 12 of the Constitution of India, thus barring writ jurisdiction.

What the court decided

AI extract

Ex. Nk. Dilipkumar Vs Union of India — Service and Employment | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE BASANT BALAJI

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THURSDAY, THE 7^TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945

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WP(C) NO. 23919 OF 2020

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PETITIONER/S:

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1 EX. NK. DILIPKUMAR AGED 55 YEARS S/O. KRISHNA PILLAI S., SECURITY STAFF, UNIT RUN CANTEEN (URC), KOTTARAKKARA, RESIDING AT SINDHOORAM, ARKKANNUR P.O., AYUR VIA, KOLLAM DISTRICT691533.

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2 EX. HV SHAJIMON, AGED 44 YEARS S/O. RATNAKARAN PILLAI, STORE HANDLER, UNIT RUN CANTEEN (URC), KOTTARKKARA, RESIDING AT SHAJI VILASAM, PERAPPAYAM, AKKAL P.O., KOLLAM-691516.

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3 MRS. SHALI, AGED 45 YEARS W/O. LATE LUKOSE, SAFAIWALA, UNIT RUN CANTEEN (URC), KOTTARAKKARA, RESIDING AT JOSHI BHAVAN, ALAKKUZHI, KURA P.O., KOLLAM, 691557.

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4 EX. LNK. ANTONY J., AGED 46 YEARS S/O.JOSEPH, SECURITY STAFF, UNIT RUN CANTEEN (URC), KOTTARAKKARA, RESIDING AT MULLAKKARIYIL HOUSE, ANAKKULAM P.O., KOLLAM-691311.

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5 EX. SUB. AND HONY. SUB. MAJOR AJAYAN R., AGED 55 YEARS S/O. LATE N. RAGHAVAN, ACCOUNTANT, UNIT RUN CANTEEN (URC), KOTTARAKKARA, RESIDING AT UTHRADAM, VETTIKKAVALA P.O., KOTTARAKKARA, KOLLAM DISTRICT.

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6 EX. HAVILDAR PHILIP E.K., AGED 43 YEARS S/O. SRI. KUNJUMON, CLERK, UNIT RUN CANTEEN (URC), KOTTARAKKARA, RESIDING AT EDAYILA VEEDU, THUVAYOOR SOUTH P.O., PATHANAMTHITTA DISTRICT.

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7 EX. NK UNNIKRISHNA PILLAI G., AGED 42 YEARS S/O. GANAPATHI PILLAI, SECURITY STAFF, UNIT RUN CANTEEN (URC), KOTTARAKKARA, RESIDING AT KUNNUMPURATH VEEDU, KUDAVATOOR P.O., KOLLAM.

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8 EX. N. BISWAS N., AGED 46 YEARS S/O. LATE NARAYANA PILLAI, SECURITY STAFF, UNIT RUN CANTEEN (URC), KOTTARAKKARA, RESIDING AT THANNIVILAYIL, KURUMPALA SOUTH P.O., PATHANAMTHITTA

WPC 23919/2020

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DISTRICT.

EX. HAV. K. JOY,

AGED 48 YEARS STORE HANDLER, UNIT RUN CANTEEN (URC), KOTTARAKKARA, RESIDING AT NELLORA HOUSE, NELLIKKUNNAM P.O., KOLLAM. BY ADVS. K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA

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RESPONDENT/S:

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1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110119.

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2 THE SECRETARY TO THE GOVERNMENT, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI-110001.

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3 THE DEPUTY DIRECTOR GENERAL, CANTEEN SERVICES, QUARTER MASTER GENERALS BRANCH (QMG) ARMY HEAD QUARTERS, NEW DELHI-110001.

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4 THE CHAIRMAN, ADM COMMANDANT, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM-695006.

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5 THE STATION COMMANDER, STATION HEAD QUARTERS, THIRUMALA P.O., PANGODU, THIRUVANANTHAPURAM-695006.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 23919/2020

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JUDGMENT

(Dated this the 7^th day of March 2024)

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A batch of writ petitions were heard by this Court, and

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the question of maintainability was raised by the respondents. This Court by judgment dated 04.03.2024 in W.P.(C) No.2517/2020 and connected cases, has answered

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that the Unit Run Canteens will not come under the definition of the State and Article 12 of the Constitution of India. The same judgment will apply in this writ petition

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as well.

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The Writ Petition is dismissed as not maintainable.

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Sd/BASANT BALAJI JUDGE

WPC 23919/2020

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APPENDIX OF WP(C) 23919/2020

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF (SOP) DATED 30	THE /09/2	STANDING OPERATING PROCEDURES 002 ISSUED BY 5TH RESPONDENT.
EXHIBIT P2	TRUE COPY OF ISSUED BY THE	THE 4TH	APPOINTMENT ORDER DATED 17/10/2017 RESPONDENT TO THE PETITIONER NO.1.
EXHIBIT P3	TRUE COPY OF ISSUED BY THE	THE 4TH	APPOINTMENT ORDER DATED 28/074/2017 RESPONDENT TO THE PETITIONER NO.2.
EXHIBIT P4	TRUE COPY OF ISSUED BY THE	THE 4TH	APPOINTMENT ORDER DATED 28/07/2017 RESPONDENT TO THE PETITIONER NO.3.
EXHIBIT P5	TRUE COPY OF ISSUED BY THE	THE 4TH	APPOINTMENT ORDER DATED 12/07/2017 RESPONDENT TO THE PETITIONER NO.4.
EXHIBIT P6	TRUE COPY OF ISSUED BY THE	THE 4TH	APPOINTMENT ORDER DATED 07/08/2017 RESPONDENT TO THE PETITIONER NO.5.
EXHIBIT P7	TRUE COPY OF ISSUED BY THE	THE 4TH	APPOINTMENT ORDER DATED 30/06/2017 RESPONDENT TO THE PETITIONER NO.6.
EXHIBIT P8	TRUE COPY OF ISSUED BY THE	THE 4TH	APPOINTMENT ORDER DATED 12/07/2017 RESPONDENT TO THE PETITIONER NO.7.
EXHIBIT P9	TRUE COPY OF ISSUED BY THE	THE 4TH	APPOINTMENT ORDER DATED 15/07/2017 RESPONDENT TO THE PETITIONER NO.8.
EXHIBIT P10	TRUE COPY OF ISSUED BY THE	THE 4TH	APPOINTMENT ORDER DATED 28/07/2017 RESPONDENT TO THE PETITIONER NO.9.
EXHIBIT P11	TRUE COPY OF 11011/08/2020-M RESPONDENT.	THE EDI	COMMUNICATION NO.D.O. NO. M- A DATED 20/03/2020 ISSUED BY THE 1ST
EXHIBIT P12	TRUE COPY OF BY THE PETITIO THEIR RETENTI	THE NER ON I	REQUEST DATED 20/10/2020 SUBMITTED S BEFORE THE 4TH RESPONDENT SEEKING N SERVICE.
Exhibit P13	TRUE COPY OF WITH TYPED CO	THE PY	GUIDELINES DATED 11/8/2014 ALONG
Exhibit P14	THE COPY OF T ISSUED IN THE	HE S YEA	TANDING OPERATING PROCEDURE R 2017 DATED NIL

Ex. Nk. Dilipkumar v. Union of India

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Ex. Nk. Dilipkumar v. Union of India

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