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2021 Supreme(Online)(KER) 43204

HIGH COURT OF KERALA
S. Manohar Kumar, CJ, SHAJI P.CHALY, J
JAYAN – Appellant
Versus
KERALA STATE ROAD TRANSPORT CORPORATION – Respondent


Advocates:
ADV SRI.SIVAN MADATHIL, R1 & R2 BY SMT. PARVATHY KOTTOL, R7 BY SRI. T.P. PRADEEP, P.K. SATHEES KUMAR, A.JAYASANKAR, R6 BY SRI. MANU GOVIND, ASHWIN SETHUMADHAVAN, S.SABARINADH JOSON MANAVALAN, RAHUL SURENDRAN, KURYAN THOMAS, PAULOSE C. ABRAHAM, R3 to R5 BY SRI. K.P.HARISH SR. GOVERNMENT PLEADER

JUDGMENT

S. MANIKUMAR,CJ.

The petitioner has sought for the following reliefs:

1. Issue writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents 3 and 4 to declare that the service rendered by the first respondent Corporation as essential service by invoking ESMA ( Essential Service Maintenance Act )

2. Declare that the strike offered by the respondent organisations 6 to 8 are illegal and impermissible.

3. Direct the 3rd and 4th respondents to provide all measures for the smooth functioning of the first respondent Corporation's service and also provide adequate security for employees those who are ready to attend duty on 6th midnight onwards.

4. Direct the 1st and 2nd respondents to take all necessary measures for the smooth functioning of the Corporation on the 6th and 7th August and also on subsequent days.

5. Direct the 3rd and 4th respondents to take appropriate measures to realize the loss, if any sustained to the first respondent Corporation due to the strike offered by the respondent Organisations.

6. Direct the 5th respondent Commissioner to consider the various demands raised by the Organisation or any other organisation within a

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