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1983 Supreme(SC) 389

A. N. SEN, Y. V. CHANDRACHUD, M. P. THAKKAR
P. K. Narayani – Appellant
Versus
State Of Kerala – Respondent


Advocates:
A.K.B.MENON, A.S.NAMBIYAR, A.T.M.SAMPATH, Abdul Khader, ABRAHAM VAKKANAL, B.S.KRISHNAN, BABY KRISHNAN, E.M.S.ANAM, F.S.NARIMAN, G.VISHVANATHA IYER, HRISHIKESH ROY, K.K.VENUGOPAL, K.M.NAYAR, K.PARASARAN ATTORNEY, L.N.Sinha, M.K.D.NAMBUDIRY, M.K.Damodaran, M.L.Lahoty, MIRA MATHUR, N.SUDHAKARAN, NASIM AHMAD, O.C.MATHUR, P.GOVINDAN NAYAR, P.K.MANOHARAN, P.PARMESHVARAN, R.K.GARG, S.G.SAMBANDHAN, S.K.JAIN, S.S.RAY, S.SUKUMARAN, SOMNATH CHATTERJI, U.R.Lalit, V.J.Francis

ORDER:— The petitioners have been serving as employees of the State of Kerala or of Public Sector Corporations in that State for the past few years. By these writ petitions they contend that they are workmen within the meaning of the Industrial Disputes Act and ask for a declaration that the proposed termination of their employment by the Government of Kerala or by the Corporations is unconstitutional.

2. We have heard learned counsel for the petitioners and for the respondents at some length. We are of the opinion that the best solution, in the circumstances of the case, is to ask and allow the petitioners to appear for the next Public Service Commission examination.

3. Accordingly, we direct that the petitioners and all others who are similarly situated will be permitted to appear for the next examination which the State Public Service Commission may hold. The petitioners will be entitled to appear for that examination along with the other candidates who may be due to appear for the examination.

4. Many of the petitioners will be barred by age for appearing at the next examination of the Public Service Commission. At the time of the last examination, the Government of Kerala had rel






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