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2022 Supreme(Online)(KER) 55985
THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 21909 OF 2022 PETITIONER/S:
TRANSPORT DEMOCRATIC FEDERATION (TDF), REGISTRATION NO.01-06 OF 2002 H.O.S. HEAD OFFICE, S. VARADARAJAN NAIR SMARAKA MANDIRAM, MANJALIKULAM ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS WORKING PRESIDENT R. SASIDHARAN, S/O. RAGHAVAN, AGED 71 YEARS, 'LALITH', KANJIRAMPARA P.O., KANJIRAMPARA, THIRUVANANTHAPURAM, PIN - 695030 BY ADVS.
BABU JOSEPH KURUVATHAZHA K.S.ARCHANA MOHAMMED SHAFI.K RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001, PIN - 695001
2 KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695 023, REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR., PIN - 695023
3 EXECUTIVE DIRECTOR (ADMN.)
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023., PIN - 695023
4 KSRTC - SWIFT ANAYARA DEPOT OF KERALA STATE ROAD TRANSPORT CORPORATION, ANAYARA, THIRUVANANTHAPURAM - 695 029, REPRESENTED BY ITS CHAIRMAN., PIN -
695029
5 BIJU PRABHAKAR IAS, CHAIRMAN & MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695
023., PIN - 695023 OTHER PRESENT:
SPL GP SRI P SANTHOSH KUMAR, SRI. DEEPU THANKAN, SC KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2022, ALONG WITH WP(C).4655/2022, 5573/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 4655 OF 2022 PETITIONER/S:
1 D.AJAYAKUMAR, AGED 50 YEARS S/O. DAMODARAN NAIR, SECRETARY, KERALA STATE TRANSPORT WORKERS UNION, (REGISTRATION NO. 174/1955), S. VARADARAJAN NAIR, SMARAKA MANDIRAM, THAMPANOOR, THIRUVANANTHAPURAM 695 014.
2 M.I. ALIYAR, AGED 46 YEARS S/O. IBRAHIM MA.A, ORGANIZING SECRETARY, KERALA STATE TRANSPORT WORKERS UNION, (REGISTRATION NO. 174/1955), S. VARADARAJAN NAIR, SMARAKA MANIDRM, THAMPANOOR, THIRUVANANTHAPURAM 695 014.
BY ADV G.S.REGHUNATH RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR TRANSPORT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695
001.
2 KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), TRANSPORT BHAVAN, FORT (P.O.), THIRUVANANTHAPURAM 695 023, REPRESENTED BY ITS MANAGING DIRECTOR.
3 EXECUTIVE DIRECTOR (ADMN).
KERALA STATE TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM 695 023.
4 KSRT- SWIFT ANAYARA DEPOT OF KERALA STATE ROAD, TRANSPORT CORPORATION, ANAYARA, THIRUVANANTHAPURAM 695 029, REPRESENTED BY ITS CHAIRMAN.
5 BIJU PRABHAKAR, MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), TRANSPORT BHAVAN, FORT (PO), THIRUVANANTHAPURAM 695 023.
SPL GP SRI P SANTHOSH KUMAR, SRI. DEEPU THANKAN, SC KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2022, ALONG WITH WP(C).21909/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 5573 OF 2021 PETITIONER/S:
SANTHOSH T.S ITTITHARA VEEDU, KODAMTHURUTH, KUTHIYATHODU P.O., ALAPPUZHA DISTRICT.
BY ADVS.
P.RAVINDRAN (SR.)
P.DEEPAK RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.
3 THE CHAIRMAN AND MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023. 4 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, P.S.C. OFFICE, PATTOM, THIRUVANANTHAPURAM-695 004.
BY ADVS.
SPL GP SRI P SANTHOSH KUMAR, SHRI.T.P SAJAN, SC, KERALA STATE ROAD TRANSPORT CORPORATION -
KSRTC K.JAJU BABU (SR.)
K.P.RAJEEVAN SHRI.DEEPU THANKAN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2022, ALONG WITH WP(C).21909/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 5901 OF 2021 PETITIONER/S:
NIDHEESH KUMAR AGED 45 YEARS S/O.VELU, CHALIKKARA HOUSE, KAYAPPILLY, OLAVANNA P.O., KOZHIKODE.
BY ADV ANIL KUMAR M.SIVARAMAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY THE MANAGING DIRECTOR, PIN-695035.
4 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN-695035.
5 KERALA STATE ROAD TRANSPORT CORPORATION-SWIFT, K.S.R.T.C BUS TERMINAL, ANAYARA, THIRUVANANTHAPURAM, PIN-
695029, REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR.
6 ADDL.R6. RAVI.G
48 YEARS, S/O. GOPI, T.C. 15/103, D-10, ALTHARA NAGAR, SASTHAMANGALAM.P.O., THIRUVANANTHAPURAM-695010.
7 ADDL.R7. ANOOP.M
42 YEARS, S/O. PARAMESHWARAN, SUNIL NIVAS, PAPPINIPARA.P.O., MANJERI, MALAPPURAM-676517.
(ADDL.R6 AND R7 IMPLEADED AS PER ORDER DATED 09-02-2022 IN IA
2/2022). BY ADVS.
GOVERNMENT PLEADER K.JAJU BABU (SR.)
P.DEEPAK SHRI.DEEPU THANKAN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2022, ALONG WITH WP(C).21909/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 7077 OF 2021 PETITIONER/S:
TRANSPORT DEMOCRATIC FEDERATION (TDF)
REGISTRATION NO. 01.06. OF 2002 H.O.S. HEAD OFFICE , S.
VARADARAJAN NAIR, SMARAKA MANDIRAM, MANJALIKULAM ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS WORKING PRESIDENT R. SASIDHARAN, S/O. RAGHAVAN, AGED 70 YEARS, LALITH, KANJIRAMPARA P.O, KANJIRAMPARA , THIRUVANANTHAPURAM-695
030 BY ADVS.
BABU JOSEPH KURUVATHAZHA SRI.M.G.SREEJITH SMT.K.S.ARCHANA SRI.KURIAN GEORGE KANNANTHANAM (SR.)
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF MOTOR TRANSPORT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
001
2 KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM-695 023, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.
3 EXECUTIVE DIRECTOR (ADMN.), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM-695 23
4 KSRTC-SWIFT, ANAYARA DEPOT OF KERALA STATE ROAD, TRANSPORT CORPORATION, ANAYARA, THIRUVANANTHAPURAM-695 029, REPRESENTED BY ITS CHAIRMAN.
BY ADVS.
GOVERNMENT PLEADER SRI.DEEPU THANKAN K.JAJU BABU (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2022, ALONG WITH WP(C).21909/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 7235 OF 2021 PETITIONER/S:
1 KERALA STATE TRANSPORT EMPLOYEES SANGH (BMS) REG. NO. 161/84 HEAD OFFICE AT MAZDOOR BHAVAN, THALIYAL ROAD, KARAMANA, THIRUVANANTHAPURAM, PIN-695002, (REPRESENTED BY ITS GENERAL SECRETARY SRI. K.L.RAJESH, AGED 43 YEARS, S/O. LATE KRISHNAN NAIR, RESIDING AT SREE LALITHAM, CHERUTHAMPODU, KEESHAROOR, THIRUVANANTHAPURAM DISTRICT, PIN-695124).
2 RAMESHKUMAR M.R., AGED 44 YEARS S/O. SRI.G.RAMACHANDRAN NAIR, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, ERNAKULAM UNIT (RESIDING AT MANAPPATTUPUTHENPURA, VENGOOR POST, PIN-683546).
BY ADVS.
T.M.RAMAN KARTHA SMT.MANJU R. KARTHA SMT.M.S.SOUJATH SMT.KEERTHI.S.NAIR RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-
695001.
2 KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), CHIEF OFFICE AT TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-
695001, REPRESENTED BY ITS MANAGING DIRECTOR.
3 THE CHAIRMAN, KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), CHIEF OFFICE AT TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695001.
4 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), CHIEF OFFICE AT TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695001.
5 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE MINISTRY OF SURFACE TRANSPORT, GOVERNMENT OF INDIA, NEW DELHI-110002.
BY ADVS.
GOVERNMENT PLEADER SRI.DEEPU THANKAN SHRI.P.VIJAYAKUMAR, ASG OF INDIA K.JAJU BABU (SR.)
S.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2022, ALONG WITH WP(C).21909/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 8TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 WP(C) NO. 14784 OF 2021 PETITIONER/S:
1 VINOD KUMAR .S AGED 42 YEARS PATTAKUDI RODARIKATHU (VEEDU), VELLARADA P.O., THIRUVANANTHAPURAM 695 505
2 SHERMIMOL C.K.
CHOTTUPARAYIL, MULLARINAD, IDUKKI 685 607
3.
PRAKASHAN T.K, THEKKE KURUNTHIL HOUSE, ANNUR P.O, KANDAKKAI, KANNUR670602
3 MANOJ B.
SARASWATHI BHAVANAM, AITHOTTUVA, WEST KALLADA P.O., KOLLAM 691
500
4 BINU V.
CHEPPALLIL VEEDU, AITHOTTUVA, WEST KALLADA P.O., KOLLAM 691
500 BY ADVS.
P.NANDAKUMAR AMRUTHA SANJEEV RESPONDENT/S:
1 KERALA STATE ROAD TRANSPORT CORPORATION LTD.
REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 695 023
2 MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION LTD., TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 695 023
3 KSRTC-SWIFT REP. BY ITS EX OFFCIO CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM 695 023
4 STATE OF KERALA REP. BY ITS SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 BY ADVS.
DEEPU THANKAN ADVOCATE GENERAL OFFICE KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2022, ALONG WITH WP(C).21909/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['P NANDAKUMAR', '', 'AMRUTHA SANJEEV', 'DEEPU THANKAN', 'ADVOCATE GENERAL OFFICE KERALA']
JUDGMENT
The controversy involved in these cases has already been decided by this Court vide judgment dated 23.3.2022 in W.P.(C) No.9884 of 2022 against the petitioner therein.
In this view of the matter, these writ petitions are also dismissed in terms of the judgment in W.P.(C) No.9884 of 2022.
SD/-
sab AMIT RAWAL JUDGE APPENDIX OF WP(C) 4655/2022 Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE BYE-
LAW KERALA TRANSPORT WORKERS UNION.
Exhibit P2 TRUE COPY OF THE RESOLUTION DATED 1.1.2022 OF THE STATE EXECUTIVE COMMITTEE OF KERALA TRANSPORT WORKERS UNION.
Exhibit P3 TRUE COPY OF THE G.O.(MS) NO.
58/2021/TRANS DATED 11.12.2021 ISSUED BY THE IST RESPONDENT.
Exhibit P4 TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE MOTOR VEHICLE AGGREGATE GUIDELINES 2020 ISSUED BY THE GOVERNMENT OF INDIA.
RESPONDENT'S EXHIBITS:
TRUE COPY OF THE G.O(MS)NO.315/2016/FIN R1(A) DATED 8.8.2016 APPENDIX OF WP(C) 5573/2021 EXHIBIT P1 TRUE COPY OF THE ORDER DATED 30.6.2015 IN WPC NO.25879/2014.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 27.3.2019 IN R.P.NO.624/2015 IN WPC NO.25879/2014.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 8.4.2019IN W.A.NO.1011/2019 AND CONNECTED WRIT PETITIONS.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 8.5.2019 OF THE HON'BLE SUPREME COURT IN SPECIAL LEAVE TO APPEAL NO.11034/2019.
EXHIBIT P5 TRUE COPY OF THE MEMORANDUM ISSUED BY THE
3RD RESPONDENT DATED 28.6.2019.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 11.6.2019 IN W.A.NO.2504/2017.
EXHIBIT P7 TRUE COPY OF THE ADDITIONAL AFFIDAVIT FILED BY THE 3RD RESPONDENT IN CONT, CASE(C) NO.1375/2019 DATED 29.8.2019.
EXHIBIT P8 TRUE COPY OF THE MEMORANDUM ISSUED BY THE EXECUTIVE DIRECTOR (ADMINISTRATION) OF THE
2ND RESPONDENT DATED 28.9.2019.
EXHIBIT P9 TRUE COPY OF THE GOVERNEMNT ORDER G.O.(MS)
NO.7/2021/TRANS DATED 19.2.2021 ISSUED BY THE IST RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE ORDER G.O(M.S)NO.58/2021/TRANS DATED 11.12.2021 ISSUED BY THE 1ST RESPONDENT RESPONDENT EXHIBITS EXHIBIT R5(a) A TRUE COPY OF MEMORANDUM NO.PL12/000133/07 DATED 31.1.2008 ISSUED TO THE 1ST PETITIONER.
EXHIBIT R5(b) A TRUE COPY OF CASH RECEIPT DATED 602.2008 ISSUED TO THE PETITIONER BY THE ASSISTANT TRANSPORT OFFICER, KANIYAPURAM DEPOT OF THE KSRTC.
EXHIBIT R5(b) A TRUE COPY OF CASH RECEIPT DATED 602.2008 ISSUED TO THE PETITIONER BY THE ASSISTANT TRANSPORT OFFICER, KANIYAPURAM DEPOT OF THE KSRTC.
EXHIBIT R5(c) A TRUE COPY OF ATTENDANCE DETAILS ISSUED TO THE 1ST PETITIONER BY THE PUBLIC INFORMATION OFFICER OF VIKAS BHAVAN DEPOT VIDE NO.C1 RTI A/6198/18/VKBN DATED NIL.
EXHIBIT R5(c) A TRUE COPY OF ATTENDANCE DETAILS ISSUED TO THE 1ST PETITIONER BY THE PUBLIC INFORMATION OFFICER OF VIKAS BHAVAN DEPOT VIDE NO.C1 RTI A/6198/18/VKBN DATED NIL.
EXHIBIT R5(d) A TRUE COPY OF THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECT OF THE KERALA STATE ROAD TRANSPORT CORPORATION) ACT 1970.
APPENDIX OF WP(C) 5901/2021 Exhibit P1 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.29324/2012 DATED 4.1.2013 Exhibit P2 TRUE COPY OF THE JUDGMENT OF THE HON'BLE COURT IN WPC 24539/2013 DATED 21.2.2014 Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED
30/6/2015 IN WPC NO 2460/2015 TRUE COPY OF THE JUDGMENT OF THE HON'BLE Exhibit P4 DIVISION BENCH IN WPC 2460/2015 DATED
8.4.2019 TRUE COPY OF THE ORDER PASSED BY THE Exhibit P5 HON'BLE SUPREME COURT IN SLP NO.11034/2019 Exhibit P6 TRUE COPY OF THE NEWS REPORT CAME IN KERALA KAUMUDI DAILY DATED 3RD JULY 2019 Exhibit P7 TRUE COPY OF THE ORDER GO(MS) NO 7/2021 TRANS DATED 19.2.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE ORDER NO 402/GL2/2021/RTC DATED 24.2.2021 ISSUED BY THE CHAIRMAN OF CHAIRMAN Exhibit P9 TRUE COPY OF THE MEMORANDAM/ORDER ISSUED BY THE MANAGING DIRECTOR OF KSRTC DATED
26.2.2021 Exhibit P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC 7077/2021 DATED
18.3.2021 Exhibit P11 TRUE COPY OF THE MEMORANDAM ISSUED BY THE CHAIRMAN OF KSRTC DATED 12.7.2021 Exhibit P12 TRUE COPY OF THE G.O MS NO 58/20
