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2016 Supreme(Ker) 700

K.T.SANKARAN, P.D.RAJAN, P.UBAID
INDIAN NATIONAL TRADE UNION CONGRESS, ERNAKULAM DISTRICT COMMITTEE – Appellant
Versus
STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT – Respondent


Advocates Appeared:
FOR THE PETITIONER: SRI. K. RAMAKUMAR (SR.), SRI. RAHUL VENUGOPAL
FOR THE RESPONDENTS: SRI. M.K. DAMODARAN (SR.), SRI. ALAN PAPALI, SRI. NISHIL P.S., SMT. DHANYA P. ASHOKAN, SRI. P.K. VIJAYAMOHANAN, SMT. ANITHA MATHAI MUTHIRENTHY, SMT. O.V. BINDU, SRI. V.E. ABDUL GAFOOR, SRI. P.U. SHAILAJAN, SRI. P.C. SASIDHARAN, SC, KPSC, SRI. E.K. NANDAKUMAR, SRI. K. JOHN MATHAI, SRI. P. GOPINATHA MENON, SRI. P. BENNY THOMAS, SMT. LATHA KRISHNAN, SRI. K. ANAND (A.201), SRI. T.T. MUHAMOOD, SMT. K.V. RESHMI, SRI. R.T. PRADEEP, SRI. M. RAJAGOPALAN NAIR

JUDGMENT :

K.T. Sankaran, J.

A Division Bench of this Court referred the matter to the Full Bench for decision on the following questions: (1) Whether the word 'may' used in Section 3 of the Kerala Public Service Commission (Additional Functions as respects Certain Corporations and Companies) Act, 1970 (Act 19 of 1970) (hereinafter referred to as "the Additional Functions Act") should be treated as 'shall' making it mandatory for the Corporations and Government Companies as defined in the Additional Functions Act to consult the Kerala Public Service Commission (hereinafter referred to as 'PSC') for making appointment of employees; and (2) Whether the Government has any power at all under the Additional Functions Act or Rules or otherwise to notify specifying the posts or excluding the posts from the operation of the Additional Functions Act and Rules.

2. The Writ Petition was filed as a Public Interest Litigation by the Indian National Trade Union Congress, Ernakulam District Committee and one P.B. Sathishkumar working in Traco Cable Company Limited, challenging Ext.P6 Government Order, G.O.(Ms) No.1/2011/ID dated 1.1.2011, by which it was decided to create certain new posts in eight










































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