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2025 Supreme(Online)(KER) 6987

HIGH COURT OF KERALA
AMIT RAWAL, K. V. Jayakumar, JJ
KERALA STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
BASIL SCARIA – Respondent


Advocates:
P.C.CHACKO(PARATHANAM)

J U D G M E N T

K. V. JAYAKUMAR, J The present writ appeal is preferred by the Kerala State Road Transport Corporation Limited [hereinafter referred to as ‘KSRTC’ in short] challenging the order of the learned Single Judge in W.P(C).No.43258/2024 dated 11.12.2024. The learned Single Judge dismissed the Writ Petition as per the impugned judgment.

2. Succinctly, the facts in brief are as follows:

The writ petitioner/KSRTC has challenged Ext.P14 order dated 13.09.2024 in I.A.No.7/2024 in ID No.4/2022 passed by the Central Administrative Tribunal, Alappuzha rejecting the interlocutory application considering the maintainability of the industrial dispute as a preliminary issue.

3. The respondent, Basil Scaria, was working as Junior Assistant in the District Transport Office, KSRTC, Ernakulam. Imputing misconduct, he was suspended from the service as per Ext.P1 order dated 18.02.2021. Ext.P3 is the memo of charges and the statement of allegations. The enquiry culminated in Ext.P8 order of dismissal from service dated 19.04.2022 passed by the Executive Director.

4. The respondent, Basil Scaria, approached the Industrial Tribunal and filed an application under Rule 2A(2) of the Industrial Disp

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