Ex.Sub. Jayaprakash.S v. Union of India
Case brief
What is this about?
The High Court of Kerala dismissed multiple writ petitions filed by employees of Army Unit Run Canteens challenging their termination and replacement. The court held that Unit Run Canteens are private undertakings funded by regimental non-public funds, lacking state creation, finance, or control, and thus do not qualify as 'State' under Article 12. Writs were held not maintainable.
What did the court decide?
Petitioners granted liberty to move to the appropriate forum for redressal of their grievance.
What the court decided
1
WPC. Nos.2517, 25202, 25209, 25213, 26222, 27386/2020, 22466, 23782, 27795, 29919, 30508, 30564, 30652, 30668, 30679/2021, 7461, 27478, 29383, 35026, 35173, 35231, 35246/2022 & 453, 456, 1548, 13827, 16984, 17289, 25635, 25814/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
WP(C) NO. 2517 OF 2020
PETITIONER/S:
1 |
JAYAKUMAR, AGED 55 YEARS,THEKKEPARAMBU HOUSE,AVALOOKUNNU.P.O, PUNNAMADA, ALAPPUZHA |
|---|---|
2 |
BABU.M,VALATHU HOUSE, CHERUTHANA.P.O, KARUVATTA, ALAPPUZHA |
3 |
JAYADEEP,THENGATHIL HOUSE, PADAHARAM, THAKAZHY, ALAPPUZHA |
4 |
SURESH BABU,KALATHIL HOUSE, PATHIRAPPALLY, ALAPPUZHA |
5 |
JACOB ANTONY,CHENNADU HOUSE, CHAMPAKULAM, ALAPPUZHA |
6 |
RAJU.C.P.,CHOVUMPURAM HOUSE, THATHAMPALLY, ALAPPUZHA |
7 |
C.SANTHOSH,PUTHENVEEDU, PUNNAPRA, ALAPPUZHA |
8 |
SHYLA.V,LEELALAYAM, THOTTAPPALLY.P.O, AMBALAPUZHA, ALAPPUZHA |
9 |
RANI DEVADASSREE CHAITHANYA, OLAKETTIAMBALAM.P.O, MAVELIKKARA |
10 |
ALEX.T.T.,27386THYIL, KANJIRAMCHIRA.P.O, ALAPPUZHA |
BY ADVS.R.SUNIL KUMARSMT.A.SALINI LALSHRI.ARUN KRISHNA |
Issues for consideration
3 issues framed by the court
Whether Unit Run Canteens are 'State' or 'other authority' under Article 12 of the Constitution of India for writ jurisdiction under Article 226.
Whether writ petitions filed by employees of Unit Run Canteens against termination or replacement with contractual staff are maintainable.
Whether the Central Government has deep and pervasive control over Unit Run Canteens to classify them as instrumentalities of the State.
Parties & counsel
- petitioner
Jayakumar
- petitioner
Babu.M
- petitioner
Jayadeep
- petitioner
Suresh Babu
- petitioner
Jacob Antony
- petitioner
Case details
As recorded by the court registry
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