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2020 Supreme(Online)(KER) 36940

HIGH COURT OF KERALA
P.V.ASHA, J
HENISH P.V. – Appellant
Versus
COCHIN INTERNATIONAL AIRPORT LTD. – Respondent


Advocates:
SRI.BAISIL ATTIPETTY, ADV.SRI.V.KRISHNA MENON, ADV. SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL, ADV. SRI.E.K.MADHAVAN, ADV. SMT.P.VIJAYAMMA, ADV.SRI.U.K.RAMAKRISHNAN, SRI.B.ASHOK SHENOY, SRI.K.V.GEORGE, SMT.C.G.PREETHA, SRI.P.N.RAJAGOPALAN NAIR, ADV. SMT.J.SURYA, ADV. SMT.UMA GOPINATH, ADV. SMT.P.VIJAYAMMA, ADV. SRI.U.K.RAMAKRISHNAN, SC, SMT.DEVI.C.HARIDAS, SRI.DINESH THANKAPPAN

ORDER

JUDGMENT

Petitioners in all these writ petitions are challenging the termination of their services by the Cochin International Airport Limited (CIAL). Therefore, all these writ petitions are disposed of by this common judgment. Parties and documents referred to in this judgment are as described in W.P.

(C).No.7219/2014 unless specifically stated otherwise.

2. The CIAL has raised a preliminary objection as to the maintainability of these Writ Petitions. According to them, CIAL does not come under the definition of a State under Article 12 of the Constitution of India. It is also their case that it does not perform any public duties and therefore the writ petitions will not lie against termination of services of its employees under Article 226 of the Constitution of India also.

3. The respondents have filed counter affidavits and additional counter affidavits. Petitioners have filed reply affidavits and additional affidavits. In view of the objection raised by the respondents it is necessary to consider the question of maintainability of the Writ Petitions.

4. CIAL is a company incorporated under the Companies Act, 1956. It is stated that State Government is holding only 32.24% of th

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