Kerala High Court
Mathews P.J vs Federation Of Kerala Sericulture ... on 7 April, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:32801
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 1919 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 21.01.2022 IN WP(C) NO.8550
OF 2017 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS IN WPC:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL SECRETARY, DEPARTMENT OF
INDUSTRIES,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE PRINCIPAL SECRETARY TO FINANCE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695001
BY ADV GOVERNMENT PLEADER
RESPONDENT/PETITIONER IN WPC:
FEDERATION OF KERALA SERI CULTURE CO-OPERATIVE
SOCIETIES (HEREINAFTER CALLED AS 'SERICOS',
FLAT NO. 4D,
HEERA HERITAGE, JAGATHY,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
2
TRIVANDRUM REPRESENTED BY ITS JOINT SECRETARY,
RAJESH V.R, AGED 39 YEARS,
S/O LATE RAJAPPAN NAIR
RESIDING AT VANCHIMALAYIL HOUSE,
KUTTOOR.P.O, TIRUVALLA, PIN- 689106, PIN - 695004
BY ADV T.V.GEORGE
SR GP SRI T K VIPINDAS
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.34/2023, 702/2022 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 34 OF 2023
AGAINST THE JUDGMENT DATED 21.02.2022 IN WP(C) NO.40553 OF
2016 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS. 1 TO 3 IN WPC:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL SECRRETARY,
DEPARTMENT OF INDUSTRIES,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAP[URAM, PIN - 695001
3 FINANCE SECRETARY TO GOVERNMENT OF KERALA
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY ADV GOVERNMENT PLEADER
RESPONDENTS/PETITIONER & RESPONDENT NO.4 IN WP(C):
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
4
1 THIRUVANANTHAPURAM TALUK SERICULTURE CO-OPERATIVE
SOCIETY LTD.NO.KVIND(T) 309,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695509
2 KERALA STATE SERICULTURE CO-OPERATIVE APEX SOCIETY
LTD.NO.KVIND 2(SERIFED) T.C 16/1709(2)
ULLOOR LANE,DPI JUNCTION, THIRUVANANTHAPURAM,
REP[RESENTED BY THE MANAGING DIRECTOR, PIN - 695004
BY ADVS.
D.SOMASUNDARAM
SRI.T.V.GEORGE, SC., SERIFED
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 702 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.35173 OF
2016 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS. 1 TO 3 IN WPC:
1 STATE OF KERALA REPRESENTED BY IT'S CHIEF SECRETARY
INDUSTRIES(K) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY
DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE COMMISSIONER FOR RURAL DEVELOPMENT
DIRECTORATE OF SERICULTURE, GOVERNMENT OF KERALA,
SWARAJ BHAVAN, NANTHANCODE, KOWDIAR POST,
THIRUVANANTHAPURAM, PIN - 695003
BY ADV GOVERNMENT PLEADER
RESPONDENTS/PETITIONER & RESPONDENT NO.4 IN WPC:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
6
1 KERALA STATE SERICULTURE CO-OPERATIVE APEX SOCIETY LTD.
NO. K.V.IND-2,(SERIFED) REPRESENTED BY IT'S CHAIRMAN
VICTOR T.THOMAS)
TC NO.16/1709(2), ULLOOR LANE, DPI JUNCTION,
THIRUVANANTHAPURAM, PIN - 695014
2 UNION OF INDIA REPRESENTED BY IT'S SECRETARY, MINISTRY
OF TEXTILES
UDYOGBHAVAN, WEST BLOCK 7, R.K. PURAM, NEW DELHI, PIN -
110066
BY ADVS.
LIJU.V.STEPHEN
SHRI.T.C.KRISHNA, SCGC
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 824 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.15961 OF
2020 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS. 1 TO 3 IN WPC:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY
DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE COMMISSIONER FOR RURAL DEVELOPMENT
DIRECTORATE OF SERICULTURE, GOVERNMENT OF KERALA,
SWARAJ BHAVAN, NANTHENCODE, KOWDIAR POST,
THIRUVANANTHAPURAM, PIN - 695003
BY ADV PUBLIC PROSECUTOR
RESPONDENTS/PETITIONER & RESPONDENT NOS. 4 & 5 IN WPC:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
8
1 KERALA STATE SERICULTURE CO-OPERATIVE FEDERATION
LTD.NO. K.V.IND-2, (SERIFED),
TC NO. 16/1709(2), ULLOOR LANE, DPI JUNCTION,
THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS CHAIRMAN
VICTOR.T. THOMAS, PIN - 695014
2 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF TEXTILES,
UDYOGBHAVAN, WEST BLOCK 7, R.K. PURAM,
NEW DELHI, PIN - 110066
3 CENTRAL SILK BOARD,
REPRESENTED BY ITS MEMBER SECRETARY AND CHIEF EXECUTIVE
OFFICER, MINISTRY OF TEXTILES,
GOVERNMENT OF INDIA, 100 FT.RING ROAD, B.T.M LAYOUT,
MADIWALA, BANGALORE, PIN - 560068
BY ADVS.
LIJU.V.STEPHEN
SMT.O.M.SHALINA, CGC
KRISHNA T C
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 1273 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.15961 OF
2020 OF HIGH COURT OF KERALA
APPELLANTS/ 3RD PARTY:
1 MATHEWS P.J,PALAKAT HOUSE, PERUMPILLY P.O,
MULANTHURUTHY, ERNAKULAM DISTRICT-PIN-682 314.
2 UBAIS A.H, AMIYAN HOUSE, N.A.D P.O, NOCHIMA, ALUVA,
ERNAKULAM DISTRICT-PIN-683 563.
3 NOUSHAD P.M,
PADANNATT HOUSE, THRIKKAKARA P.O,
ERNAKULAM DISTRICT-PIN-682 021.
4 SHAJI V.R,
VADAKKEATHIRKANDATHIL, THEKKUMBAGAM, TRIPUNITHURA,
ERNAKULAM DISTRICT-PIN-682 301.
5 MEENA T.M,
CHALUMKANDATHIL, THAIKKATTUKARA P.O, ALUVA, ERNAKULAM
DISTRICT-PIN-683 106.
6 MUHAMMED MADANI K.V,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
10
WORKING AS ASSISTANT SERICULTURE OFFICER, K.V. HOUSE,
MARUTHIYAD, KUTTIYERI P.O, TALIPARAMBA, KANNUR
DISTRICT-PIN-670 142.
7 JOJO ALEX,
WORKING AS SENIOR CLERK, KAVUKATTU HOUSE, PALAVAYAL
P.O, CHERUPUZHA (VIA),
KASARAGOD DISTRICT-PIN-670 511.
8 JOMON LOUIS,
VARANAKUZHIYIL, KADAPLAMATTOM,
KOTTAYAM DISTRICT-PIN-686 571.
9 REKHA LOUIS,
NEENDUSERI, VALLICHIRA, PALA,
KOTTAYAM DISTRICT-PIN-686 592.
0 GEETHAKUMARI R.D,
D.R BHAVAN, ANAKUDY, VAMANAPURAM P.O,
THIRUVANANTHAPURAM DISTRICT-PIN-695 606.
11 SALIM KUMAR A,
YASRIB, NJARAYILKONAM P.O, MADAVOOR, PALLICKAL,
THIRUVANANTHAPURAM DISTRICT-PIN-695 602.
12 ABOOBAKER KUNJU M.S,
CRESCENT, PRA-61B, NEAR GANAPATHY TEMPLE,
PUNNAKKAMUGAL, ARAMADA P.O,
THIRUVANANTHAPURAM DISTRICT-PIN-695 032.
13 N.SHEELA,
T.C-43/498(5), ROOHAMA, GANGA NAGAR (70A), MANACAUD
P.O, THIRUVANANTHAPURAM DISTRICT-PIN-695 009.
14 S.SANAL KUMAR,
'KARTHIKA', KARIKKAKOM P.O,
THIRUVANANTHAPURAM DISTRICT-PIN-695 021.
15 KARUNAKARAN S.,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
11
WORKING AS SENIOR CLERK, KIZHAKKE VEEDU, PANAYUR P.O,
POLPULLY, PALAKKAD DISTRICT-PIN-678 552.
16 MOHANDAS GANDHI M,
WORKING AS CLERK, NATTUKAL P.O, CHITTUR, PALAKKAD
DISTRICT-PIN-678 554.
17 SAIRAM KUMAR P.,
SUKHADAM, 12/443, PANAMTHODI, POLPULLY P.O, PALAKKAD
DISTRICT-PIN-678 552.
18 RAJESHKUMAR K.R,
KANATTUKARA HOUSE, WADAKENCHERY P.O, OTTUPARA,
THRISSUR DISTRICT-PIN-680 582.
19 STEPHEN C.J,
CHIRAYATH MANGIEL HOUSE, VYASAGIRI P.O, WADAKKENCHERY,
THRISSUR DISTRICT-PIN-680 623.
0 PRASANNA KUMARI M.,
KIZHAKKE ECHARATH HOUSE, PUTHURKKARA, AYYENTHOLE P.O,
THRISSUR DISTRICT-PIN-680 003.
21 ALIMON K.K,
KERANTAKATH HOUSE, THIRUVATHRA P.O, CHAVAKKAD, T
HRISSUR DISTRICT-PIN-680 516.
22 BIJU V.B,
VADASSERY HOUSE, MAMMIYOOR P.O, GURUVAYUR,
THRISSUR DISTRICT-PIN-680 101.
23 JAIZIN JOSEPH,
NEENDUSSERI, VALLICHIRA P.O, PALA,
KOTTAYAM DISTRICT-PIN-686 574.
24 RAJESH G.K,
R.B.V BHAVAN, THATTATHUMALA P.O,
THIRUVANANTHAPURAM DISTRICT-PIN-695 614.
25 ASHRAF P.P,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
12
PUTHIYAPURAYIL HOUSE, SREEKANTAPURAM P.O, PAZHAYANGADI,
KANNUR DISTRICT-PIN-670 631.
26 BIJU.G,
PADIPPURA VEEDU, CHERIYAVELINALLUR P.O, KOLLAM
DISTRICT-PIN-691 516.
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS/PETITIONER & RESPONDENTS IN WPC:
1 KERALA STATE SERICULTURE CO-OPERATIVE FEDERATION LTD.
NO.K.V IND-2 (SERIFED), T.C NO.16/1709 (2), ULLOOR
LANE, DPI JUNCTION, THIRUVANANTHAPURAM-695 014,
REPRESENTED BY ITS CHAIRMAN VICTOR T.THOMAS.
2 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF
KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE SECRETARY,
DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4 THE COMMISSIONER
FOR RURAL DEVELOPMENT, DIRECTORATE OF SERICULTURE,
GOVERNMENT OF KERALA, SWARAJ BHAVAN, NANTHANCODE,
KOWDIAR POST, THIRUVANANTHAPURAM-695 003.
5 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF TEXTILES,
UDYOGBHAVAN, WEST BLOCK 7, R.K. PURAM,
NEW DELHI-110 066.
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
13
6 CENTRAL SILK BOARD,
REPRESENTED BY ITS MEMBER SECRETARY AND CHIEF EXECUTIVE
OFFICER, MINISTRY OF TEXTILES, GOVERNMENT OF INDIA, 100
FT. RING ROAD, B.T.M LAYOUT, MADIWALA, BANGALORE 560
068, KARNATAKA.
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
14
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 1274 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.35173 OF
2016 OF HIGH COURT OF KERALA
APPELLANTS/3RD PARTY:
1 MATHEWS P.J.,
PALAKAT HOUSE, PERUMPILLY P.O, MULANTHURUTHY,
ERNAKULAM DISTRICT-PIN-682 314.
2 UBAIS A.H,
AMIYAN HOUSE, N.A.D P.O, NOCHIMA, ALUVA,
ERNAKULAM DISTRICT-PIN-683 563.
3 NOUSHAD P.M,
PADANNATT HOUSE, THRIKKAKARA P.O,
ERNAKULAM DISTRICT-PIN-682 021.
4 SHAJI V.R,
VADAKKEATHIRKANDATHIL, THEKKUMBAGAM,
TRIPUNITHURA, ERNAKULAM DISTRICT-PIN-682 301.
5 MEENA T.M,
CHALUMKANDATHIL, THAIKKATTUKARA P.O,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
15
ALUVA, ERNAKULAM DISTRICT-PIN-683 106.
6 MUHAMMED MADANI K.V,
WORKING AS ASSISTANT SERICULTURE OFFICER, K.V. HOUSE,
MARUTHIYAD, KUTTIYERI P.O, TALIPARAMBA, KANNUR
DISTRICT-PIN-670 142.
7 JOJO ALEX,
WORKING AS SENIOR CLERK, KAV HOUSE, PALAVAYAL P.O,
CHERUPUZHA (VIA), KASARAGOD DISTRICT-PIN-670 511.
8 JOMON LOUIS,
VARANAKUZHIYIL, KADAPLAMATTOM,
KOTTAYAM DISTRICT-PIN-686 571.
9 REKHA LOUIS,
NEENDUSERI, VALLICHIRA, PALA,
KOTTAYAM DISTRICT-PIN-686 592.
0 GEETHAKUMARI R.D,
D.R BHAVAN, ANAKUDY, VAMANAPURAM P.O,
THIRUVANANTHAPURAM DISTRICT-PIN-695 606.
11 SALIM KUMAR A,
YASRIB, NJARAYILKONAM P.O, MADAVOOR, PALLICKAL,
THIRUVANANTHAPURAM DISTRICT-PIN-695 602.
12 ABOOBAKER KUNJU M.S,
CRESCENT, PRA-61B, NEAR GANAPATHY TEMPLE,
PUNNAKKAMUGAL, ARAMADA P.O, THIRUVANANTHAPURAM
DISTRICT-PIN-695 032.
13 N.SHEELA,
T.C-43/498(5), ROOHAMA, GANGA NAGAR (70A), MANACAUD
P.O, THIRUVANANTHAPURAM DISRICT-PIN-695 009.
14 S.SANAL KUMAR,
'KARTHIKA', KARIKKAKOM P.O,
THIRUVANANTHAPURAM DISRICT-PIN-695 021.
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
16
15 KARUNAKARAN S.,
WORKING AS SENIOR CLERK, KIZHAKKE VEEDU, PANAYUR P.O,
POLPULLY, PALAKKAD DISTRICT-PIN-678 552.
16 MOHANDAS GANDHI M,
WORKING AS CLERK, NATTUKAL P.O, CHITTUR,
PALAKKAD DISTRICT-PIN-678 554.
17 SAIRAM KUMAR P.,
SUKHADAM, 12/443, PANAMTHODI, POLPULLY P.O,
PALAKKAD DISTRICT-PIN-678 552.
18 RAJESHKUMAR K.R,
KANATTUKARA HOUSE, WADAKENCHERY P.O, OTTUPARA,
THRISSUR DISTRICT-PIN-680 582.
19 STEPHEN C.J,
CHIRAYATH MANGIEL HOUSE, VYASAGIRI P.O,
WADAKKENCHERY, THRISSUR DISTRICT-PIN-680 623.
0 PRASANNA KUMARI M.,
KIZHAKKE ECHARATH HOUSE, PUTHURKKARA,
AYYENTHOLE P.O, THRISSUR DISTRICT-PIN-680 003.
21 ALIMON K.K,
KERANTAKATH HOUSE, THIRUVATHRA P.O,
CHAVAKKAD, THRISSUR DISTRICT-PIN-680 516.
22 BIJU V.B,
VADASSERY HOUSE, MAMMIYOOR P.O,
GURUVAYUR, THRISSUR DISTRICT-PIN-680 101.
23 JAIZIN JOSEPH,
NEENDUSSERI, VALLICHIRA P.O, PALA,
KOTTAYAM DISTRICT-PIN-686 574.
24 RAJESH G.K,
R.B.V BHAVAN, THATTATHUMALA P.O,
THIRUVANANTHAPURAM DISTRICT-PIN-695 614.
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
17
25 ASHRAF P.P,
PUTHIYAPURAYIL HOUSE, SREEKANTAPURAM P.O,
PAZHAYANGADI, KANNUR DISTRICT-PIN-670 631.
26 BIJU.G,
PADIPPURA VEEDU, CHERIYAVELINALLUR P.O, KOLLAM
DISTRICT-PIN-691 516.
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS/PETITIONER & RESPONDENTS IN WPC:
1 KERALA STATE SERICULTURE CO-OPERATIVE APEX SOCIETY LTD
NO. K.G IND-2 (SERIFED),
T.C NO.16/1709 (2), ULLOOR LANE, DPI JUNCTION,
THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS CHAIRMAN
VICTOR T.THOMAS.
2 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, INDUSTRIES (K)
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE SECRETARY, DEPARTMENT OF INDUSTRIES,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4 THE COMMISSIONER FOR RURAL DEVELOPMENT,
DIRECTORATE OF SERICULTURE, GOVERNMENT OF KERALA,
SWARAJ BHAVAN, NANTHENCODE, KOWDIAR POST,
THIRUVANANTHAPURAM-695 003.
5 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF TEXTILES,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
18
UDYOGBHAVAN, WEST BLOCK 7, R.K. PURAM,
NEW DELHI-110 066.
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
19
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 1296 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.8550 OF
2017 OF HIGH COURT OF KERALA
APPELLANTS/3RD PARTY:
1 MATHEWS P.J., PALAKAT HOUSE, PERUMPILLY P.O.,
MULANTHURUTHY, ERNAKULAM DISTRICT, PIN - 682 314.
2 UBAIS A.H., AMIYAN HOUSE, N.A.D.P.O., NOCHIMA, ALUVA,
ERNAKULAM DISTRICT, PIN - 683 563.
3 NOUSHAD P.M., PADANNATT HOUSE, THRIKKAKARA P.O.,
ERNAKULAM DISTRICT, PIN - 682 021.
4 SHAJI V.R., VADAKKEATHIRKANDATHIL, THEKKUMBAGAM,
TRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 682 301.
5 MEENA T.M., CHALUMKANDATHIL, THAIKKATTUKARA P.O.,
ALUVA, ERNAKULAM DISTRICT, PIN - 683 106.
6 MUHAMMED MADANI K.V.
WORKING AS ASSISTANT SERICULTURE OFFICER, K.V.HOUSE,
MARUTHIYAD, KUTTIYERI P.O., TALIPARAMBA, KANNUR
DISTRICT, PIN - 670 142.
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
20
7 JOJO ALEX
WORKING AS SENIOR CLERK, KAVUKATTU HOUSE,
PALAVAYAL P.O., CHERUPUZHA(VIA),
KASARAGOD DISTRICT, PIN - 670 511.
8 JOMON LOUIS, VARANAKUZHIYIL, KADAPLAMATTOM,
KOTTAYAM DISTRICT, PIN - 686 571.
9 REKHA LOUIS, NEENDUSERI, VALLICHIRA, PALA,
KOTTAYAM DISTRICT, PIN - 686 592.
0 GEETHAKUMARI R.D., D.R.BHAVAN, ANAKUDY, VAMANAPURAM
P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695 606.
11 SALIM KUMAR A.
YASRIB, NJARAYIKONAM P.O., MADAVOOR, PALLICKAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 602.
12 ABOOBAKER KUNJU M.S.
CRESCENT, PRA - 61B, NEAR GANAPATHY TEMPLE,
PUNNAKKAMUGAL, ARAMADA P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 032.
13 N.SHEELA, TC 43/498(5), ROOHAMA, GANGA NAGAR (70A),
MANACAUD P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 009.
14 S.SANAL KUMAR
'KARTHIKA', KARIKKAKOM P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 021.
15 KARUNAKARAN S.
WORKING AS SENIOR CLERK, KIZHAKKE VEEDU, PANAYUR P.O.,
POLPULLY, PALAKKAD DISTRICT, PIN - 678 552.
16 MOHANDAS GANDHI M.
WORKING AS CLERK, NATTUKAL P.O.,
CHITTUR, PALAKKAD DISTRICT, PIN - 678 554.
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
21
17 SAIRAM KUMAR P.
SUKHADAM, 12/443, PANAMTHODI, POLPULLY P.O.,
PALAKKAD DISTRICT, PIN - 678 552.
18 RAJESHKUMAR K.R.
KANATTUKARA HOUSE, WADAKKENCHERY P.O.,
OTTUPARA,THRISSUR DISTRICT, PIN - 680 582.
19 STEPHENC.J.
CHIRAYATH MANGIEL HOUSE, VYASAGIRI P.O.,
WADAKKENCHERY, THRISSUR DISTRICT, PIN - 680623.
0 PRASANNA KUMARI M.
KIZHAKKE ECHARATH HOUSE, PUTHURKKARA,
AYYENTHOLE P.O., THRISSUR DISTRICT, PIN - 680 003.
21 ALIMON K.K.
KERANTAKATH HOUSE, THIRUVATHRA P.O.,
CHAVAKKAD, THRISSUR DISTRICT,PIN - 680 516.
22 BIJU V.B.
VADASSERY HOUSE, MAMMIYOOR P.O., GURUVAYUR,
THRISSUR DISTRICT, PIN - 680 101.
23 JAIZIN JOSEPH
NEENDUSSERI VALLICHIRA P.O., PALA, KOTTAYAM DISTRICT,
PIN - 686 574.
24 RAJESH G.K.
R.B.V.BHAVAN, THATTATHUMALA P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 614.
25 ASHRAF P.P.
PUTHIYAPURAYIL HOUSE, SREEKANTAPURAM P.O.,
PAZHAYANGADI, KANNUR DISTRICT, PIN - 670 631.
26 BIJU G.
PADIPPURA VEEDU, CHERIYAVELINALLUR P.O.,
KOLLAM DISTRICT, PIN - 691 516.
2025:KER:32801
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and connected cases
22
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS/PETITIONER & RESPONDENTS IN WPC:
1 FEDERATION OF KERALA SERICULTURE CO-OPERATIVE SOCIETIES
(HEREINAFTER CALLED AS ('SERICOS') FLAT NO.4D, HEERA
HERITAGE, JAGATHY, TRIVANDRUM, PIN - 695 004,
REPRESENTED BY ITS JOINT SECRETARY, RAJESH V.R., AGED
43 YEARS, S/O.LATE RAJAPPAN NAIR, RESIDING AT
VANCHIMALAYIL HOUSE, KUTTOOR P.O., THIRUVALLA, PIN -
689 106.
2 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, TRIVANDRUM - 695 001.
3 PRINCIPAL SECRETARY
DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN - 695 001.
4 PRINCIPAL SECRETARY TO FINANCE DEPARTMENT
GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695 001.
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
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and connected cases
23
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 1432 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.35303 OF
2016 OF HIGH COURT OF KERALA
APPELLANTS/3RD PARTY:
1 MATHEWS P J,
PALAKAT HOUSE, PERUMPILLY.P.O, MULANTHURUTHY,
ERNAKULAM DISTRICT-682314.
2 UBAIS.A.H,
AMIYAN HOUSE, N.A.D. P.O, NOCHIMA, ALUVA,
ERNAKULAM DISTRICT, PIN-683563.
3 NOUSHAD.P.M,
PADANNATT HOUSE, THRIKKAKARA.P.O,
ERNAKULAM DISTRICT, PIN-682021.
4 SHAJI.V.R,
VADAKKEATHIRKANDATHIL, THEKKKUMBAGAM,
TRIPUNITHURA, ERNAKULAM DISTRICT, PIN-682301.
5 MEENA.T.M,
CHALUMKANDATHIL, THAIKKATTUKKARA.P.O, ALUVA,
ERNAKULAM DISTRICT, PIN-683106.
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
24
6 MUHAMMED MADANI.K.V,
WORKING AS ASSISTANT SERICULTURE OFFICER, K.V.HOUSE,
MARUTHIYAD, KUTTIYERI.P.O, TALIPARAMBA, KANNUR
DISTRICT, PIN-670142.
7 JOJO ALEX,
WORKING AS SENIOR CLERK, KAVUKATTU HOUSE,
PALAVAYAL.P.O, CHERUPUZHA(VIA),
KASARAGOD DISTRICT,PIN-670511.
8 JOMON LOUIS,
VARANAKUZHIYIL, KADAPLAMATTOM,
KOTTAYAM DISTRICT, PIN-686571.
9 REKHA LOUIS,
NEENDUSERI, VALLICHIRA, PALA,
KOTTAYAM DISTRICT,PIN-686592.
0 GEETHAKUMARI.R.D,
D.R BHAVAN, ANAKUDY, VAMANAPURAM.P.O,
THIRUVANANTHAPURAM DISTRICT, PIN-695606.
11 SALIM KUMAR.A,
YASRIB, NJARAYILKONAM.P.O, MADAVOOR, PALLICKAL,
THIRUVANANTHAPURAM DISTRICT, PIN-695602.
12 ABOOBACKER KUNJU.M.S,
CRESCENT, PRA-61B, NEAR GANAPATHY TEMPLE,
PUNNAKKAMUGAL, ARAMADA.P.O,
THIRUVANANTHAPURAM DISTRICT, PIN-695032.
13 N.SHEELA,
T.C-43/498(5), ROOHAMA, GANGA NAGAR(70A),
MANACAUD.P.O,
THIRUVANANTHAPURAM DISTRICT, PIN-695009.
14 S.SANAL KUMAR,
'KARTHIKA', KARIKKAKOM.P.O,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
25
THIRUVANANTHAPURAM DISTRICT, PIN-695021.
15 KARUNAKARAN.S,
WORKING AS SENIOR CLERK, KIZHAKKE VEEDU, PANAYUR.P.O,
POLPULLY, PALAKKAD DISTRICT, PIN-678552.
16 MOHANDAS GANDHI.M,
WORKING AS CLERK, NATTUKAL.P.O,
CHITTUR, PALAKKAD DISTRICT, PIN-678554.
17 SAIRAM KUMAR.P,
SUKHADAM, 12/443, PANAMTHODI,
POLPULLY.P.O, PALAKKAD DISTRICT-678552.
18 RAJESHKUMAR.K.R,
KANATTUKARA HOUSE, WADAKENCHERRY.P.O, OTTUPARA,
THRISSUR DISTRICT, PIN-680582.
19 STEPHEN C.J,
CHIRAYATH MANGIEL HOUSE, VYASAGIRI.P.O,
WADAKKENCHERY, THRISSUR DISTRICT, PIN-680623.
20 PRASANNA KUMARI.M,
KIZHAKKE ECHARATH HOUSE, PUTHURKKARA,
AYYENTHOLE.P.O, THRISSUR DISTRICT, PIN-680003.
21 ALIMON.K.K,
KERANTAKATH HOUSE, THIRUVATHRA.P.O,
CHAVAKKAD, THRISSUR DISTRICT, PIN-680516.
22 BIJU V.B,
VADASSERY HOUSE, MAMMIYOOR.P.O, GURUVAYUR, THRISSUR
DISTRICT, PIN-680101.
23 JAIZIN JOSEPH,
NEENDUSSERI, VALLICHIRA.P.O, PALA,
KOTTAYAM DISTRICT, PIN-686574.
24 RAJESH.G.K,
R.B.V. BHAVAN, THATTATHUMALA.P.O,
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THIRUVANANTHAPURAM DISTRICT, PIN-695614.
25 ASHRAF P.P,
PUTHIYAPURAYIL HOUSE, SREEKANTAPURAM.P.O,
PAZHAYANGADI, KANNUR DISTRICT, PIN-6707631.
26 BIJU.G,
PADIPPURA VEEDU, CHERIYAVELLINALLUR.P.O, KOLLAM
DISTRICT, PIN-691516.
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS/PETITIONERS & RESPONDENTS IN WPC:
1 MINIMOL N S, AGED 51 YEARS,
D/O. KARTHIKEYAN, RESIDING AT MANNAMNIKARTHIL,
PATTANAKKAD.P.O, ALAPPUZHA DISTRICT, PIN-688531.
2 SHEELA.A.L,
AGED 57 YEARS
W/O. MOHANAN, POLLEVELI, CMC 34, CHERTHALA.P.O,
ALAPPUZHA-688524.
3 KANCHANA.A.S,
AGED 55 YEARS
W/O.GIRISH, ANJILI PARAMBIL, ANDHAKARANAZHI.P.O,
ALAPPUZHA DISTRICT, PIN-688531.
4 AMBIKADEVI.K.T,
AGED 60 YEARS
W/O. SALIM, KARUNA HOUSE, MUHAMMA.P.O,
CHERTHALA, ALAPPUZHA DISTRICT, PIN-688525.
2025:KER:32801
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and connected cases
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5 GEETHA.T.V,
AGED 58 YEARS
W/O.UDAYAN, THANDASSERIL, ANDHAKARANAZHI.P.O,
ALAPPUZHA DISTRICT, PIN-688531.
6 NISSABEEVI.P.H,
AGED 55 YEARS
W/O.A. N.NAWAS, BEEMA MANZIL, PATTANAKKAD.P.O,
ALAPPUZHA DISTRICT-688531.
7 PRASOBHA.T.P,
AGED 55 YEARS
W/O.LAL, PUTHUPALLI, CMC 1, CHERTHALA.P.O,
ALAPPUZHA DISTRICT-688524.
8 MANGALADEVI.K,
AGED 52 YEARS
W/O.SHIBU, CHIRAYIL, KOKOTHAMANGALAM.P.O,
ALAPPUZHA DISTRICT, PIN-688543.
9 AISHA.B,
AGED 60 YEARS
W/O.SHANMUGHAN, KANDANADUVELI, VAYALAR.P.O,
ALAPUZHA DISTRICT, PIN-688531.
0 KERALA STATE SERICULTURE CO-OPERATIVE FEDERATION
LTD(SERIFED),
OFFICE AT PANCHAPURA, NANDAVANAM, VIKAS BHAVAN.P.O,
THIRUVANANTHAPURAM-695033,
REPRESENTED BY ITS MANAGING DIRECTOR.
11 THE KERALA KHADI & VILLAGE INDUSTRIES BOARD,
REPRESENTED BY ITS SECRETARY,THIRUVANANTHAPURAM,PIN-695
001.
12 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,DEPARTMENT OF
INDUSTRIES,GOVERNMENT OF
KERALA,SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2025:KER:32801
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13 THE DISTRICT LABOUR OFFICER,
CIVIL STATION,ALAPPUZHA,PIN-688 001.
BY ADVS.
C.V.MANUVILSAN
O.A.ANJU
FARHAN M.M.
AJESH K. ANTONY
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
29
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 1295 OF 2022
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.40553 OF
2016 OF HIGH COURT OF KERALA
APPELLANTS:
1 MATHEWS P.J.,
AGED 50 YEARS
PALAKAT HOUSE, PERUMPILLY P.O,
MULANTHURUTHY,
ERNAKULAM DISTRICT-PIN-682 314.
2 UBAIS A.H,
AMIYAN HOUSE, N.A.D P.O, NOCHIMA,
ALUVA, ERNAKULAM DISTRICT-PIN-683 563.
3 NOUSHAD P.M,
PADANNATT HOUSE, THRIKKAKARA P.O,
ERNAKULAM DISTRICT-PIN-682 021.
4 SHAJI V.R,
VADAKKEATHIRKANDATHIL, THEKKUMBAGAM,
TRIPUNITHURA, ERNAKULAM DISTRICT-PIN-682 301.
5 MEENA T.M,
2025:KER:32801
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and connected cases
30
CHALUMKANDATHIL, THAIKKATTUKARA P.O, ALUVA,
ERNAKULAM DISTRICT-PIN-683 106.
6 MUHAMMED MADANI K.V,
WORKING AS ASSISTANT SERICULTURE OFFICER, K.V. HOUSE,
MARUTHIYAD, KUTTIYERI P.O, TALIPARAMBA,
KANNUR DISTRICT-PIN-670 142.
7 JOJO ALEX,
WORKING AS SENIOR CLERK, KAVUKATTU HOUSE,
PALAVAYAL P.O, CHERUPUZHA (VIA),
KASARAGOD DISTRICT-PIN-670 511.
8 JOMON LOUIS,
VARANAKUZHIYIL, KADAPLAMATTOM,
KOTTAYAM DISTRICT-PIN-686 571.
9 REKHA LOUIS,
NEENDUSERI, VALLICHIRA, PALA,
KOTTAYAM DISTRICT-PIN-686 592.
0 GEETHAKUMARI R.D,
D.R BHAVAN, ANAKUDY, VAMANAPURAM P.O,
THIRUVANANTHAPURAM DISTRICT-PIN-695 606.
11 SALIM KUMAR A,
YASRIB, NJARAYILKONAM P.O, MADAVOOR, PALLICKAL,
THIRUVANANTHAPURAM DISTRICT-PIN-695 602.
12 ABOOBAKER KUNJU M.S.,
CRESCENT, PRA-61B, NEAR GANAPATHY TEMPLE,
PUNNAKKAMUGAL, ARAMADA P.O,
THIRUVANANTHAPURAM DISTRICT-PIN-695 032.
13 N.SHEELA,
T.C-43/498(5), ROOHAMA, GANGA NAGAR (70A), MANACAUD
P.O, THIRUVANANTHAPURAM DISRICT-PIN-695 009.
14 S.SANAL KUMAR,
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
31
KARTHIKA', KARIKKAKOM P.O,
THIRUVANANTHAPURAM DISRICT-PIN-695 021.
15 KARUNAKARAN S.,
WORKING AS SENIOR CLERK, KIZHAKKE VEEDU, PANAYUR P.O,
POLPULLY, PALAKKAD DISTRICT-PIN-678 552.
16 MOHANDAS GANDHI M,
WORKING AS CLERK, NATTUKAL P.O, CHITTUR,
PALAKKAD DISTRICT-PIN-678 554.
17 SAIRAM KUMAR P.,
SUKHADAM, 12/443, PANAMTHODI, POLPULLY P.O,
PALAKKAD DISTRICT-PIN-678 552.
18 RAJESHKUMAR K.R,
KANATTUKARA HOUSE, WADAKENCHERY P.O,
OTTUPARA, THRISSUR DISTRICT-PIN-680 582.
19 STEPHEN C.J,
CHIRAYATH MANGIEL HOUSE, VYASAGIRI P.O,
WADAKKENCHERY, THRISSUR DISTRICT-PIN-680 623.
20 PRASANNA KUMARI M.,
KIZHAKKE ECHARATH HOUSE, PUTHURKKARA, AYYENTHOLE P.O,
THRISSUR DISTRICT-PIN-680 003.
21 ALIMON K.K,
KERANTAKATH HOUSE, THIRUVATHRA P.O,
CHAVAKKAD, THRISSUR DISTRICT-PIN-680 516.
22 BIJU V.B,
VADASSERY HOUSE, MAMMIYOOR P.O, GURUVAYUR,
THRISSUR DISTRICT-PIN-680 101.
23 JAIZIN JOSEPH,
NEENDUSSERI, VALLICHIRA P.O, PALA,
KOTTAYAM DISTRICT-PIN-686 574.
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24 RAJESH G.K,
R.B.V BHAVAN, THATTATHUMALA P.O,
THIRUVANANTHAPURAM DISTRICT-PIN-695 614.
25 ASHRAF.P.P.,
PUTHIYAPURAYIL HOUSE,
SREEKANTAPURAM P.O., PAZHAYANGADI,
KANNUR DISTRICT-PIN-670 631.
26 BIJU.G,
PADIPPURA VEEDU, CHERIYAVELINALLUR P.O,
KOLLAM DISTRICT-PIN-691 516.
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
RESPONDENTS:
1 THIRUVANANTHAPURAM TALUK SERICULTURE CO-OPERATIVE
SOCIETY LTD. NO. K.V.IND (T) 309,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY.
2 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE PRINCIPAL SECRETARY,
DEPARTMENT OF INDUSTRIES,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
4 FINANCE SECRETARY TO GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
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33
THIRUVANANTHAPURAM-695 001.
5 KERALA STATE SERICULTURE CO-OPERATIVE APEX SOCIETY LTD
NO. K.V IND-2 (SERIFED),
T.C NO.16/1709 (2),
ULLOOR LANE, DPI JUNCTION,
THIRUVANANTHAPURAM-695 014,
REPRESENTED BY THE MANAGING DIRECTOR.
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
WA NO. 1919 OF 2022
and connected cases
34
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
WA NO. 870 OF 2024
AGAINST THE JUDGMENT DATED 21.01.2022 IN WP(C) NO.40618 OF
2016 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS. 1 TO 3 & 7 IN WPC:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
KERALA, SECRETARIAT,
THIRUVANANTHAPURAM 01, PIN - 695001
2 DEPARTMENT OF INDUSTRIES
REPRESENTED BY ITS SECRETARY, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM 01., PIN - 695001
3 PRINCIPAL SECRETARY TO FINANCE
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM 01., PIN - 695001
4 THE COMMISSIONER FOR RURAL DEVELOPMENT
COMMISSIONERATE OF RURAL DEVELOPMENT, 4TH FLOOR SWARAJ
BHAVAN, NANTHANCODU, KOWDIAR,
THIRUVANANTHAPURAM 03., PIN - 695003
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35
BY ADVS.
GOVERNMENT PLEADER
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.T.V.GEORGE, SC, SERIFED
RESPONDENTS/PETITIONER & RESPONDENT NOS. 4 TO 6 IN WPC:
1 NEYYATTINKARA TALUK SERICULTURE CO-OP. SOCIETY LTD.
NO K.V. IND (T) 314, BP III/820, KATTAKADA ROAD,
BALARAMAPURAM P.O, THIRUVANANTHAPURAM 695 509,
REPRESENTED BY ITS PRESIDENT., PIN - 695509
2 THE KERALA STATE SERICULTURE CO-OPERATIVE APEX SOCIETY
LTD NO K.G. IND 2
(SERIFED), T.C NO 16/1709 (2), ULLOOR LANE, DPI
JUNCTION, THIRUVANANTHAPURAM 14, REPRESENTED BY ITS
MANAGING DIRECTOR., PIN - 695014
3 CENTRAL SILK BOARD
MINISTRY OF TEXTILES, GOVERNMENT OF INDIA, 100 FT RING
ROAD, BTM LAYOUT, MADIWALA, BANGALORE 68, KARNATAKA
REPRESENTED BY ITS MEMBER SECRETARY., PIN - 560068
4 UNION OF INDIA.
MINISTRY OF TEXTILES, GOVERNMENT OF INDIA, 542A,
UDYOG BHAWAN, NEW DELHI 110 011, REPRESENTED BY ITS
SECRETARY, PIN - 110011
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 07.04.2025,
ALONG WITH WA.1919/2022 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:32801
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JUDGMENT
WA Nos.1919, 1273,1274,824,702,1295,1432,1296 of 2022, 34 of 2023 and 870 of 2024 AMIT RAWAL,J.
This judgment shall dispose of five writ appeals preferred by the State against the judgment of the Single Bench allowing the writ petitions filed by the Federation of Kerala Sericulture Co- operative Societies (hereinafter called 'SERICOS') and five writ appeals preferred by the employees who were seriously affected by the findings given in paragraph 51 as well as direction No.1 in the impugned judgment, seeking leave of the court, which has already been granted.
2. The controversy has a little checkered history. The State of Kerala has a number of public sector undertakings, like 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 37 Khadi Board, SERIFED, etc. The role of the SERIFED is to promote the production of silks in the State of Kerala, owing to the largest consumer much less offset the cost factor by importing the same from China and from other States. SERIFED has been working since a long time in the State of Kerala, however, realising , in the year 2010, that it was running into losses decided to liquidate the same. The order of liquidation was challenged in this Court vide Writ Petition No. 31446 of 2010. In the aforementioned writ petition, the State filed an affidavit dated 13.07.2013 and in Paragraphs 2 to 5 stated as under:-
"2. It is respectfully submitted that The Kerala State Sericulture Co-operative Federation Ltd. (SERIFED) was registered in December 1994 under the Kerala Co-operative Societies Act, 1969 as apex body of Sericulture co-operative Societies, by delinking the activities from the Khadi & Village Industries Board, which was then implementing agency. Later it was found that the Federation set up is not yielding the required result, and so the sericulture activities can be brought under Local self Government Department institutions as the mulberry cultivations, cocoon production, marketing and reeling etc. carried out by 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 38 serifed required much more involvement with local panchayats and also some of the schemes of Government of India are funded throtigh Local Self Government Department.
3. It is submitted that consequently, Government, as per GO(Ms)58/2010/ID dated 15.03.2010 issued orders for liquidation of Serifed and transfer its assets and deploy the staff of serifed to local Self Government department, Rural Development Department and Kerala Khadi & Village Industries Board, as a measure of strengthening the sericulture activities in Kerala, subject to certain conditions. It was also ordered that the Industries Department will take necessary steps to liquidate SERIFED and Panchayat and Taluk Level societies registered in SERIFED as per Rules. On the basis of the said Government Order, the Registrar, Khadi & Village Industries Board Co- operative Societies issued orders, as per proceedings No.KB. 13148/96/Co-op dated nil, appointing liqudators to the Taluk Level Sericulture Co-operative Societies. The petitioners have challenged the order issued by the Registrar/Secretary/Kerala Khadi & Village Industries Board appointing the liquidators, vide W.P.(C): 31446/2010 as it has not followed the basic and essential procedure provided under section 71 of the Act.
4. It is submitted that, in the meanwhile the Petitioners submitted a revival proposal before Government for restarting the Post-Cocoon activities under SERIFED. Government considered the proposal and in a High level meeting convened by the Hon'ble Minister (Industries & IT) in presence of Hon'ble Minister (Finance & Law) on 04.06.2014 to decide the future set up of SERIFED, and it was decided that action will be taken to revive the Post Cocoon activities of Sericulture under SERIFED, and funds will be provided by moving Supplerpeataty Demands for Grants. Accordingly a token provision of Rs.1000 has been included in the Supplementary Demands for Grants for 2014-2015 and a Head of Account has been provided.
2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 39 5 It is submitted that Government have acted in good faith taking into consideration of the request of the petitioner. Action has been taken to revive the SERIFED with the main objective for implementation of Post - Cocoon sector of Sericulture.
In view of the above facts and circumstances, the above Writ petition is devoid of any merits and same is only liable to be dismissed.
3. Owing to the aforementioned affidavit, the Single Bench of this Court vide judgment dated 20.03.2015 disposed of the writ petition in the following manner:
"3. It is evident therefore that there is a proposal for restarting the Post Cocoon activities under SERIFED. It is also decided that funds will be provided for this purpose by moving supplementary demands for crops. Ext.P1 order remained stayed during the pendency of this writ petition. There is no necessity for Ext.P1 order to stand in the light of the proposal to revive the Post Cocoon activities.
4. Ext.P1 order in so far as it relates to the petitioners Societies is quashed. The respondents shall endeavour to restart the Post Cocoon activities as held out in the counter affidavit filed by the first respondent. The needful shall be done within a period of six months from today.
The Writ Petition is disposed of. No costs."
4. The Central Silk Board, New Delhi, decided to fund the 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 40 State Government by examining the Techno-feasibility of the revival of Post-Cocoon Sector through SERIFED and as per its communication addressed to the principal Sector Department of Industries, Thiruvananthapuram dated 30.03.2015 issued following suggestions :
"Further, as per the decisions taken during the high level meeting with Minister of Industries, Govt. of Kerala, * The Commissionerate of Rural Development, Govt. of Kerala has submitted the UCs along with component and beneficiary details for an amount of Rs. 135.5 lakh. Further, CRD, Kerala requires to submit the component and beneficiary details for the pending amounts of Rs. 50.79 lakh. (Rs. 1.60 +15.19 +34.00 lakh).
* Department of Industries, Government of Kerala has furnished their commitment to Central Silk Board that it would take the proposal of 'reviving the post-cocoon sector of sericulture industry through SERIFED as a commercial, viable and sustainable venture by extending all the required support as proposed in the DPR and shall be responsible for professional management of manpower for 'SERIFED under revival'.
2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 41 * Further, the Commissionerate of Rural Development, Govt. of Kerala has also furnished their commitment to take the responsibility of the pre-cocoon development through different schemes. It will also strengthen the extension and monitoring mechanism to meet the targets laid in the DPR. The CRD shall protect the interest of the farmers and shall be responsible for field level implementation subject to the condition that the revived SERIFED shall collect the entire cocoon produced in the state.
Central Silk Board recommends the techno-feasibility for revival of the Post-cocoon Sector of the sericulture industry in the State through SERIFED as detailed in proposal for the First Phase only, subject to the fulfillment of the following terms amd conditions Consent for the remaining Two Phases shall be furnished only after review of First Phase performance.
* The CRD, Kerala shall be responsible for production of quality bivoltine cocoons and for achieving the targets of pre- cocoon sector under restructuring through execution of a Tripartite Agreement (MOU) with Department of Industries, Govt. of Kerala and 'SERIFED under Revival' for ensuring the supply of required quality raw material (cocoons).
* Till the CRD achieves the targets of cocoon production required for the first phase of production as per the DPR, the 'SERIFED under revival shall arrange for procurement of raw silk from different sources on its own for its operations.
* The CRD, Kerala shall also furnish the Component and 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 42 Beneficiary details (for whom the funds were released) for the pending amount of Rs. 50.79 lakh (Rs. 1.60 + Rs. 15.19 + Rs. 34.00 lakh).
* The Department of Industries, Govt. of Kerala shall strengthen and revive all the defunct post-cocoon infrastructure units in the State and bring them to their optimal use during the revival of post-cocoon sector and allocate the required working capital accordingly."
5. Considering that the Central Government had decided to fund to the extent of Rs.43 Crores and State to the tune of Rs. 20 crores, Government of Kerala vide order dated 05.08.2014, noticing the techno-feasible report of the Central Silk Board and also the objectives of the SERIFED, decided not only to silk production but also start silk weaving in ten thousand handlooms so as to consume completely the entire quantity of clothes, produce open Ethnic Silk Boutiques, implement welfare scheme for the farmers, Cocoon producers, reelers, weavers, train the workers 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 43 and staff members first skill upgradation, establishment of product development centers, intensive research center's under member societies. Over and above the aforementioned objectives, the mobilization funds from the Central and State Government and other National and International Development Agencies for the said activities was considered, much less, to revive the scheme by retransferring the properties of the SERIFED, which were previously handed over to Kerala Khadi and Village Industries Board and as well as to District Panchayat, Kollam, by appointing a Managing Director on deputation as a stop-gap arrangement till the regular appointment till the approval of the staff pattern by the Government.
6. Since the Central Silks Board had suggested the execution of a tripartite agreement with the Department of Industries, Government of Kerala and SERIFED under the revival for ensuring the supply of the required quality of raw-materials, 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 44 but despite vide order dated 07.01.2017, noticing the funding factor that the major portion of the fund would come from the Central Silk Board and other central development agencies, after examination of the matter in detail, based on the aspects of the development of sericulture in Kerala, decided not to proceed further with the proposal of reviving SERIFED on following three counts:
i). Kerala does not have sufficient acreage under sericulture to warrant a set up for post processing activities;
ii). There is no functioning sericulture processing Co-
operative Societies;
iii). No justification for federation of such Co-operative Societies and have it only as a paper organization as it will not justify any allocation or resources or funds.
7. The aforementioned order was assailed in the following 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 45 five writ petitions, i.e. WPC No. 8550/2017, WPC No.40553/2016, WPC.No.35173/2016, WPC No.15961/2020 and WPC No.40618/2016.
8. The State in the aforementioned writ petitions, filed a counter statement to the effect that after the passing of the order dated 05.08.2015, the matter was again considered by the Government and a meeting was convened for the purpose of finding out the method of reviving Post-Cocoon activity in Kerala and under the aegis of the Ministers for Industries and Finance, a meeting on 16.05.2017, ie after passing of the order dated 05.01.2017, was convened and decided that the Chief Secretary shall convene a further meeting for analysis and consideration of all the aspects.
9. The project report produced for the consideration of the Government reflected that the matter in correct perspective was not presented. Though the Silk Board expressed its inability 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 46 of not having any schemes for supporting weaving, but could be used for giving training for weaving. A three-member committee, comprising of the representatives of the Central Silk Board, SERIFED, and the Director of Handloom and Textiles, was constituted to formulate the project report on feasibility of undertaking 'silk weaving in Kerala'. Subsequent to that, a meeting was held though the one of the representatives of the SERIFED objected to the meeting on the point that matter was pending before the High Court. The committee noticed that a large amount was released from time to time by the Government to the SERIFED from 1998 onwards, that is, Rs.29,26,01,366/- was directly paid by the Government of Kerala and another Rs.700 lakhs was released through Restructuring and Internal Audit Board and a further amount of Rs.600 lakhs was given as grant from the Government in the year 1997-1998.
2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 47
10. The Secretary, Kerala Khadi and Village Industries, was directed to submit details with regard to the functioning of the sericultural societies, and after conducting the enquiry, submitted a report dated 25.02.2017 stating that the societies are defunct and not functioning at all and it was not possible to revive the said societies.
11. Besides the aforementioned aspects it was also pointed out by SERIFED that owing to the funds provided by the Central Government in a step to revive the SERIFED, there was a mass employment of 271 employees, who were paid salary out of the funds provided by the Central Government. In other words, it was agitated that there was misappropriation of the funds, as there was no need to employ such a large number of employees for running the societies for cocoon production as well as the sustenance of SERIFED.
12. Considering all these facts, the learned Single Bench 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 48 vide detailed judgment, noticing that the Government had illegally appointed 271 employees of the SERIFED who had been absorbed in Government services without approval of the Kerala Public Service Commission, clearly reflected the patronage given at the Executive level, and even in the absence of the challenge to the appointment, that it required a detailed inquiry at an appropriate level, allowed the writ petition in the following manner:
71. For all the afore reasons, these writ petitions are disposed of with the following orders and directions:
1) Respondents. 1 and 2 are directed to cause appropriate enquiry and investigation into the action the nominated Board of Directors of the SERIFED in recruiting about 300 employees in SERIFED in violation of law and also into the action of the Government in absorbing 271 employees illegally recruited in SERIFED into the Government Services and in the services of Kerala Khadi and Village Industries Board and take appropriate action based on such enquiry/investigation, in accordance with law;
(2). The impugned Ext.P14 order dated 07.01.2017 in W.P.(C) No.35173/2016 and Ext.P4 order dated 08.05.2020 in W.P.(C) No.15961/2020 are quashed;
2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 49 (3) The Central Silk Board, SERIFED and the Director of Handlooms and Textiles are directed to nominate their representative to the Three-Member Committee decided to be formed in the meeting convened by the Chief Secretary on 05.07.2017 and communicate the nominations to the Chief Secretary forthwith;
(4) The Three Member Committee shall formulate a fresh report on the feasibility of revival of SERIFED, Post-Cocoon Sector and Silk Weaving in Kerala, and submit the same to the 1st respondent within a period of four months; (5) Respondents 1 and 2 (in W.P.(C) No.35173/2016) shall take a final decision on the revival of SERIFED, Post-Cocoon Sector and Silk Weaving in Kerala, within a further period of two months from the date of receipt of the Project Report; (6) The petitioners in W.P.(C ) No.35303/2016 are permitted to get Ext.P1 Award in I.D.No.58/99 of the Industrial Tribunal, Alappuzha executed/implemented, invoking the provisions of the Industrial Disputes Act, 1947.
The Registry is directed to forward a certified copy of this judgment to the Director of Handlooms and Textiles, Vikas Bhavan P.O., Thiruvananthapuram - 695 033."
13. The aforementioned directions not include only the inquiry with regard to the absorption of 271 employees alleged to be illegally recruited in SERIFED into the Government Services and 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 50 the services of Kerala Khadi and Village Industries Board but also quashed the order of the Government dated 07.01.2017 in not reviving the SERIFED, and also direction had been issued to the Central Silk Board, SERIFED and the Director of Handlooms and Textiles to nominate their representative by appointing a Three- member Committee and communicate the same to the Chief Secretary which shall formulate a fresh Project Report on the feasibility of revival of SERIFED, Post-Cocoon Sector and Silk Weaving in Kerala and a final decision shall be taken within few months from receipt of the Project Report.
14. It is in this background that the State has filed the five writ appeals bearing Nos. WPC No. 8550/2017, WPC No.40553/2016, WPC.No.35173/2016, WPC No.15961/2020 and WPC No.40618/2016.
15. Since the employees who were recruited had also 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 51 faced the wrath of litigation in an independent proceeding and being affected of the direction No.1, for the sake of repetition, with the leave of this Court, filed the following five intra-court appeals, W.A.Nos.1273, 1274, 1295, 1296 and 1432 of 2022.
16. Annexures I, II and III have been placed on record in support of their stand and also by laying challenge to the order impugned. The categoric case of the employees in WA No.1273/2022 is to the effect that the directions by holding the enquiry regarding the engagement of employees without the sanction of the Kerala Public Service Commission could not have been issued in the absence of the impleadment. Moreover, the appointments made from 1999 onwards were challenged in a batch of writ petitions, and the matter had already gone to the Supreme Court, much less the Registrar of Co-operation and all the appointments have been held to be valid in law.
17. Mr. Vipindas, learned Senior Government Pleader, 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 52 submitted that the pith and the substance of the judgment under challenge has been on the following points:
i). Estoppel
ii). Illegal appointments
iii). Violation of Articles 14, 51, 57, 58 and 61 etc., of the Constitution of India.
18. It was contended that the principles of estoppel as attempted to be coined on behalf of the petitioner and accepted by the Single Bench is not sustainable in the eyes of law for the reason that there had been no adjudication in the previous round of litigation on merits or ever crystallized. The order of this Court dated 20.03.2015 in Writ Petition No. 31446/2010 challenging the liquidation of the SERIFED, extracted supra, was passed on the basis of the affidavit, by issuing mandamus to decide the controversy within a period of six months. Thus there 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 53 was no clear cut direction to pass an order in affirmative. In support of the contention, relied upon the judgment of the Supreme Court in Directorate of Film Festivals and Others v. Gaurav Ashwin Jain and Others (2007) 4 SCC 737) to contend that court should be circumspect in exercising the judicial review on the policy matters of the Government.
19. As far as the estoppel is concerned, relied upon the judgment reported in Gopal Prasad Sinha v. State of Bihar [1970 (2) SCC 905) to contend that the law must be conclusively determined and in the judgment of 20.03.2015, there is no conclusive decision with regard to the revival or otherwise of the SERIFED.
20. Mr.Arjun Raghavan, learned counsel appearing on behalf of the 3rd party appellants, emphatically relied upon the order of Supreme Court, order of the Registrar and a notification of the Government as Annexures I, II, III to contend that the 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 54 findings recorded in paragraph 51, has the aforementioned documents been looked into, could not have been arrived, therefore, the judgment is liable to be set aside.
21. Attention of this Court was drawn to an order dated 15.01.2002 in OP No.4932/1996, wherein this court listed the aforementioned OP on account of the directions of the Supreme Court in SLP Civil No.5734-53 of 1999 which were already decided before by this court in the earlier round of litigation on 26.03.1999. This Court, in the earlier round of litigation, had set aside the entire selection on the basis of the report made by the Joint Secretary to the Government. But the Supreme Court noticed that the selection was set aside without hearing the parties and remanded the matter to this court. This Court vide judgment dated 15.01.2002 found that the principles of natural justice was not complied with and therefore issued a directions to the 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 55 Registrar of Co-operative Societies to look into all the complaints raised by the affected parties, in the light of the report submitted by the Joint Secretary to the Government and Joint Registrar of the Co-operative Societies by conducting a detailed enquiry against the selection and appointment made in the SERIFED, with a further caveat that, in case in the enquiry it is found that the impugned appointments made in the SERIFED were illegal, the Registrar was given a power to set aside as per the provisions of Section 66 of the Kerala Co-operative Societies Act and also Rule 176 of the Kerala Co-operative Societies Rules within a time frame of four months.
22. The Registrar of Co-operative Societies of Thiruvananthapuram, vide order dated 05.04.2003, Annexure 2, noticing all the facts, the rights and duties of the Board of Directors of the Federation as also clause 11 of the Bye-laws ordered that all the appointees had already completed (8) years of 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 56 service, revision of pay much less postings in existing or arising vacancies in the SERIFED on the basis of the qualification and considering the fact that the department of SERIFED was having a handful of employees, vide order dated 15.03.2010, on receipt of the detailed proposal of the Managing Director of SERIFED proposing the bifurcation of total staff into the Panchayat and Commissioner of Rural Development, ordered the transfer of the staff of SERIFED to local self Government with effect from 01.09.2009 with a further direction for liquidation of the SERIFED and the Secretary Kerala Khadi Village Industries, Registrar of SERIFED was directed to do the needful. The Plan Funds so utilized for the salary and administrative expenses were ordered to be ratified.
23. It was further contended that the order of the Government is in pari materia to the provisions of Section 74 of 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 57 the erstwhile Indian Evidence Act, being a public document.
24. Mr. Liju V. Stephen, learned counsel of the serifed supported the findings, pointing out that the act of the State in first getting the writ petition decided by filing an affidavit in favour of the SERIFED and thereafter by volte-facing amounts not only to misrepresentation but an act of arbitrariness and aberration much less against the doctrine akin to legitimate expectation. It is also against the provisions of promissory estoppel, in essence that by extending the benefit in a court of law cannot turn around by a government order. It was not a case of any policy decision based upon certain material, rather, the techno-feasibility report from the Central Silk Board had given a positive report that there were chances of reviving the silk production, considering the shortage of the land in evolving the production conducive to weather conditions in State of Kerala.
25. It is an attempt to overreach the court which is 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 58 impermissible in law and in support of the contention, relied upon the Three Bench judgment of Supreme Court in Dr. Jaya Thakur v. Union of India and others [(2023) 10 SCC 276] to contend that where the court had issued a specific mandamus with regard to a particular act, promulgation of a particular ordinance and thereafter statute taking away the rights arrived at by a settlement prior to the promulgation of the ordinance as well as the statute, would tantamount to annulling the benefits which a particular employees or the persons who has/have been held to be entitled as per settlement, was held to be violative of the fundamental rights granted under the Constitution.
26. It was next contended that there was no prayer for holding an enquiry with regard to the appointment of the employees. The court on its own issued such directions, much less the petitioners (in writ) were also not aware of the orders of 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 59 the Supreme Court, Registrar of the Co-operative societies and the order of the Government, as placed on record as Annexures I, II and III in writ appeal No.1273 of 2022. There is a vast sect of land available for undertaking sericulture and the only thing which was lacking was dedication, zest and zeal to undertake innocuous task. In other words, it was submitted that everything is possible if done with dedication and sincerity. The judgment under challenge is based upon actual ground realities in the State of Kerala, much less the act of the Government which has been held to be not only arbitrary but discriminatory, and urged this court for dismissal of all the writ appeals of the state with exemplary costs.
27. We have heard the learned counsel for the parties and appraised the paper books.
28. Paragraph 51 of the judgment of the single Bench reads as under:
2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 60 "51. Subsequent conduct of the Government in absorbing the illegally appointed 271 employees of SERIFED in Government services without the prior approval of the Kerala Public Service Commission, would only establish the patronage given at the Executive level. Though the petitioners have not challenged these appointments and absorption, this Court is of the view that this being one of the biggest employment scams which has resulted in collapse of an Apex Society and loss of huge amounts intended to benefit sericulturists, it requires an enquiry at the appropriate level."
29. On perusal of the contents of the affidavit and the direction of this court extracted (supra), much less the findings of the Single Bench extracted above as well as the directions contained in the impugned order when compared with the order of this Court Annexure 1, notification Annexure II and Annexure III in W.A. No.1273 of 2022, the order under challenge is not sustainable in the eyes of law, not only on one reasons, but the following additional ground that the direction No.1 is wholly off the cuff, for already challenge to the appointment of the 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 61 employees by utilising the central aid and funds by employing 271 employees has been held to be justified in view of the order of remand in the SLP referred to above by this Court in the judgment dated 15.01.2002. It would be appropriate the extract the relevant portion of the judgment in the following manner:
"We have perused the report submitted by the Joint Secretary to Government. In view of the fact that disputes in these cases are all factual, this court is not justified in pronouncing any final opinion on those factual disputes. In the facts and circumstances of the case, we think it would be appropriate if this court issues a direction to the Registrar of Co-operative Societies to look into all the complaints raised by the petitioners in the light of the reports submitted by the Joint Secretary to Government and the Joint Registrar of Co-operatove Societies and then conduct a detailed enquiry against the selection and appointments made in the SERIFED. Public interest demands a detailed enquiry. In the said enquiry, if it is found that the impugned selections and appointments made in the SERIFED are illegal, the Registrar can set aside them. He has got powers for the same under Section 68 of the Kerala Co-operative Societies Act and Rule 176 of the Kerala Co-oeprative Societies Rules. While taking a decision the Registrar will be free to rely on all materials including the Reports of the Joint Secretary to Government and the Joint Registrar of Co-operative Societies. In case he relies on them, he should furnish copies of those materials to the affected parties, if 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 62 they have not so far received them. Needless to say, the Registrar shall not rely on any material procured behind the back of the affected appointees. He can get any material from any source, but before using them, he should put the affected parties on notice. It is also made clear that the Registrar need not feel bound to follow the report of the Joint Secretary to Government for the simple reason that the author of the report is a Joint Secretary. He will be free to accept the said report or reject it in his own judgment. The Registrar of Co-operative Societies shall complete the enquiry and render a decision in the matter within four months from the date of receipt of a copy of this judgment. All affected persons including those who raised complaints against the selection shall be heard by the Registrar."
30. Subsequent order of the Registrar dated 05.04.2023 reads thus:
1. The Hon'ble High Court of Kerala had disposed the O.P No.326/96 on 15-1-02 with direction to the Registrar of Co-
operative Societies, Kerala, Thiruvananthapuram to dispose of the case after hearing all parties concerned within four months from the date of issue of the order. Accordingly this case was posted for hearing on 14th, 15th and 24-3-2003. Notice of hearing was sent to all petitioners and other connected persons under registered post with Acknowledgement Due. 125 persons attended the hearing and their statements was recorded. Some of them had filed written statements stating their contentions. For the appointees, 127 in number, Advocate Sri.Nalanchira Krishnankutty appeared and filed argument notes.
2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 63 The Kerala State Sericultural Co-operative Federation Ltd is an Apex Co-operative Society under the Kerala Co-operative Societies Act, 1969, which come into existence as per Government Order No.(MS)177/94/1 dated 20-9-1994. Prior to the formation of this apex institution the Sericultural Development Scheme was implemented by the Khadi and Village Industries Board. The Government of Kerala sanctioned various technical posts to the Kerala Khadi & Village Industries Board for the effective implementations of the Sericultural programme. The Khadi and Village Industries Board filled up these posts on Contract Basis and they continued to work till the formation of the Serifed. In pursuance of the formation of the Serifed the contract appointment made by Khadi and Village Industries Board was ended and their employees were left out of the employment. The Government as per order No.G.O.(Rt)18-95 ID dated 7-1-95, had transferred these posts to the Serifed. The Board Meeting of the Serifed held on 20-2-1995 resolved to create required number of technical and ministerial staff for the effective working of the Federation. This resolution was forwarded to the Registrar of Co-operative Societies for Serifed (Secretary, Khadi Board) with request to accord sanction for the creation of the post vide order No.KB.3085/95/Coop: dated 10-3- 1995. The Registrar of Co-operative Societies, the Khadi and Village Industries Board had sanctioned the posts with the condition that if there is no Government Order for the post, the order shall be obtained from the Government vide letter No.8567/KL/95/ID dated 22-11-95 and had also accorded sanctioned for appointing employees in 433 vacancies in 14 different categories. Subject to the provisions contained in the bye-laws and according to the availability of funds allotted for the purpose. On the basis of the Board decision on 25-2-1995, 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 64 notification inviting application for the appointment of following 8 different categories was published in the Malayalam dailies on 1-3-1995.
It is stated that the inquiry conducted by Joint Secretary, Industries Department is not maintainable. The appointment was made in accordance with the Rule 186(2) of the KCS Rules 1969 and the qualification for the post was fixed in the notification. The appointments were done only in the approved posts and also contented that the management is competent to decide the qualification of the posts.
After considering the written statement filed by the petitioners and appointees and after verifying the records of the Federation, in connection with the appointment, it is found that the following are the issues of the case. (1) Whether the Federation was classified under Section 80 of the KCS Act, 1969.
(2) Whether the Board of Directors of the Federation is competent to fix the qualification for the appointment. (3) Is there any approved norms to be followed by the Federation for the appointment.
(4) Whether any malpractices were take place in the appointment.
(5) It is an admitted fact that Serifed is an Apex Co-operative institution registered under the KCS Act, 1969.
Therefore the right duties and responsibilities of Board 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 65 of Directors of the Federation is controlled by the provisions of the Kerala Co-operative Societies Act and Rules 1969 and its bye- law. But section 80 of the Kerala Co-operative Societies Act state that "the Government shall classify the society according to their type and financial position". In order to attract section 80 and rules made under this section, the Government have to classify the Federation. No evidence is produced before me to the effect that the Federation was classified by the Government, under section 80 of the Kerala Co-operative Societies Act, 1969. Therefore the Federation is not bound to act in accordance with the provisions of the Kerala Co-operative Societies Rules 186 (2) of 1969. The Circular No.18/91 issued by the Registrar, specifying the conditions to be followed by the Co-operative Societies for the appointment of employees, is also not applicable to the Serifed because of the fact that Serifed is not under the administrative control of the Registrar of Co-operative Societies. The Bye-law Clause 11 of the Federation read as follows:
Subject to the Budge allotment sanctioned by the Government, the Board of Directors shall be competent to sanction the staff required and fix their pay scale, duties and responsibilities with the approval of the Government if the minimum of the Scale of Pay is more than Rs.2500/- Since section 80 is not applicable to the Federation, the Board of Directors of the Federation is competent to fix the qualification with the approval of the Government. Even though the Board had fixed qualification, no approval is seen obtained from the Government.
(5) There is no approved norms in the Serifed to be followed by the Board for the recruitment of personnel to the service of 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 66 Federations. It is also seen that the Government did not fix any procedures to be followed by the Federation for the appointment personnels. But it is pertinent to note that Serifed is an Apex Co-
operative concern having its area throughout the State of Kerala the main source of its working capital is the finance from Government. Therefore on such an institution the appointment to various categories of post have to be done after observing all legal formalities. The notification inviting application for the appointment were published in Malayalam dailies. No written test was conducted and only interview was conducted. Interview was conducted by a Board consisting of Chairman, Managing Director and subject expert. As per the records of the Federation it is seen that no rank list was published. But it is an accepted principle that written test have to be conducted for the selection of candidates so as to enable to assure the candidates that had taken place.
While the Government had sanctioned the posts, no qualification was fixed which enable the Board of Directors of the Federation to fix the qualification depending upon nature of duties. The main contention of the petitioners is that the qualified candidates for the post of Assistant Sericulture Officer was not selected for the appointment and only the candidates who have no special qualification in the Sericulture were selected and appointed. The applicants having two years post graduate diploma in Sericulture were also applied for the post of Assistant Sericulture Officer. But these applicants were not seen selected. As have gone through the records it is seen that the contention of the petitioners are true some extend. It is an admitted fact that the graduates in B.Sc, Mathematics, Physics were selection to the post of Assistant 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 67 Sericulture Officer. But in the notification issued for the purpose it is found that the said qualification are also included for the post of Assistant Sericulture Officer. But they were selected on the basis of interview. No evidence was produced before me to prove the contention of the petitioners that corruption and nepotism were taken place in the selection process. The Managing Directors of the Serifed stated that the institution is
----- having enough funds to retain these employees. But they have submitted a project report the NCDC/Financial Agencies for getting financial assistance so as to increase the financial position. I opined that the Government had not taken sufficient precaution so to avoid the loopholes into the appointment. If the Government had fixed the qualification and also fixed norms for the selection of the candidates the Board could not able to take decision according to their discretion while taking a decision in this aspect. In the above circumstances, the following orders are issued.
ORDER Since the appointees had already completed 8 years of service and their pay was revised they may be continued in the service of the Serifed. So also the petitioners may given posting in the existing or arising vacancies in the Serifed on the basis of the qualification.
31. Thereafter, the Government had on 15.03.2010 in Annexure III, decided to shift the staff of the SERIFED to other departments and liquidate the SERIFED. Paragraph 4 of the 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 68 aforementioned order reads as under:
"SERIFED should be liquidated and for this the Secretary, Kerala Khadi and Village Industries Board, Registrar of SERIFED should do the needful. All the Societies registered under SERIFED should also be liquidated. No further dispute over this issue shall arise after liquidation."
32. It is a matter of record that the aforementioned order liquidating SERIFED has not been challenged during the pendency of the writ petitions in the years 2016, 2017 and 2020 and had attained finality. After passing of the order dated 05.01.2017 where the Government had decided not to revive the SERIFED, reliance was also made to a letter of Kerala Khadi and Village Industries Board dated 25.02.2017, which was called upon to furnish the report with regard to the status of the SERIFED. The Principal Secretary of Government of Industries vide letter dated 25.02.2017 communicated in the following manner:
"In reply to the letter cited, I am to report that Kerala State Sericulture Co Operative Federation Ltd (Serifed) and Taluk Level 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 69 Sericulture Co-operative Societies under the administrative Control of the Secretary, Kerala Khadi and Village Industries Board (Registrar) are more or less defunct. The Project Officer, Thiruvananthapuram reported that both Thiruvnanthapuram Taluk Sriculture Co-operative Society Ltd No. KVIND (T) 309 and NeyyattiNkara Taluk Sericulture Co-operative Society Ltd No. KVIND (T) 314 having valid elected committees but they are not functioning.
On enquiry, it is found that for the above said Societies are not conducting any sericulture activities for the last six years. The only purpose of constituting the elected Managing Committee is to affiliate it with the Sericulture Federation (SERIFED) and get- voting power. Even though, the Government had sanctioned and released huge sum to the Sericulture Federation and its affiliated Societies, they failed to achieve the goal of development of sericulture activities in the State. The Government have ordered to revive and strengthen the SERIFED for taking up post cocoon activities vide G.O (Ms) No. 109/2015/ID dated 05/08/2015. The SERIFED and its affiliated societies failed to accomplish the objectives and functions mentioned in the said Government Order till date.
I may also report that all primary sericulture Co-operative societies (Panchayat Level) were defunct and dormant. The Board, has taken carnest, efforts to rejuvenate the primary level co-operative societies but results in vain due to the reluctance and lack of support from the members of the primary, societies."
33. All these factors have totally been overlooked by 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 70 rendering the judgment under challenge. Law with regard to principle of promissory estoppel is no longer res integra, there has to be some adjudication. From above it is evident that as there was no such conclusive decision in the earlier round of litigation, as noticed from the order dated 20.03.2015 (supra). In other words, there was no conclusion or determination on the controversy except a direction to take a call within a period prescribed therein. Thus, the findings of the learned Single Bench applying the principles of promissory estoppel are wholly unsustainable and are hereby set aside.
34. As far as the scope of judicial review of the Government policy is concerned, it is now well defined and settled that the court do not and cannot act as an appellate authority examining the correctness, suitability, appropriateness of a policy, nor are the courts are advisors to the Executive on the matters of 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 71 policy as the Executive is entitled to formulate.
35. The only role/scope of judicial review is to examine the decision either in violation of the fundamental rights or oppose to the public policy or the provisions of the Constitution, much less manifestly arbitrary. None of the aforementioned conditions are attracted, rather are conspicuously wanting, for there cannot be any role of Article 14 alleging discrimination, as the employees working in the SERIFED and employed on the basis of the grant given by the Central Government have already been adjusted and taken care of. It is the call of the Government to decide whether to continue with the scheme causing heavy losses. Even the report as indicated in the letter extracted supra reveals that the sericulture had become defunct. Rightly so, as per the ratio in Directorate of Film Festivals and others v.Gaurav Ashwin Jain and Others (2007) 4 SCC 737), the court should be circumspect in interfering with the policy matters of the 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 72 Government. The directions for the Constitution of a committee for proper revival of SERIFED, in these circumstance, are wholly unwarranted and hereby set aside.
36. As far as the direction No.1 for holding an enquiry with regard to the employment of employees is concerned, it is observed that though no such prayer was made on this count, but the court cannot be denuded from ordering a roving enquiry while exercising its power of judicial review under Article 226 of the Constitution, but that too, with care and caution. Knowing that in case any adverse order is passed, the employees have to be heard did not envision the far-reaching consequences of not issuing notices to the affected employees, much less the State ought to have been directed to apprise them with regard to any litigation concerning the employment or otherwise. Had this exercise been done, i.e., the details of the order of this court on remand from 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 73 the Supreme Court, Registrar of Co-operative Societies, and the subsequent orders of winding up (Annexures I, II and III in W.A.No.1273 of 2022) would have been brought on record. Since there has already been a quietus to the aforementioned litigation, the said direction could not have been issued, which, in our considered view, is totally obiter and accordingly, set aside.
37. There is no dispute with regard to the scope of judicial review of primary legislation, an attempt to overcome the judgment by subsequent legislation in view of the ratio disentitled by Dr. Jaya Thakur (supra). In Dr. Jaya Thakur (supra) is a case where the employees of the Life Insurance Corporation were, as per the settlement, given certain benefits, which were subsequently, by way of an ordinance and a statute, taken away by having a retrospective effect. It is in that background, the Supreme Court decided that such exercise was wholly arbitrary and would amount to violation of the Constitution. Considering 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 74 the facts and circumstances as noticed above, no such ingredient is attracted, therefore would not be applicable.
38. As an upshot of the findings, we are of the view that the directions of the Single Bench are not legally sustainable. The action of the State cannot said to be arbitrary or against the doctrine of promissory estoppel much less acrimonious and discriminatory being violative of Article 14 of the Constitution.
All the writ appeals filed by the State and as well as the third parties are allowed.
Sd/-
AMIT RAWAL JUDGE Sd/-
K. V. JAYAKUMAR JUDGE msp 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 75 APPENDIX OF WA 702/2022 PETITIONER ANNEXURES IA in WP(C) PETITION TO ACCEPT ADDITIONAL DOCUMENTS IN WP(C) 35173/2016 WITH ENGLISH TRANSLATION Statement in WP(C) STATEMENT FILED ON BEHALF OF RESPONDENT NOS.1 AND 2 IN WP(C) 35173/2016 WITH ENGLISH TRANSLATION Reply Affidavit in REPLY AFFIDAVIT TO STATEMENT FILED BY THE WP(C) RESPONDENTS 1 AND 2 IN WP(C) 35173/2016 2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 76 APPENDIX OF WA 1273/2022 PETITIONER ANNEXURES Annexure 1 A TRUE COPY OF THE COMMON JUDGEMENT DATED 15.01.2002 IN WA. NO. 326 OF 1996 AND O.P. NOS. 534, 704, 840, 1237, 282, 4932, 8002 AND 9003 OF 1996 AND 7208 OF 1997 OF THIS HONBLE COURT.
Annexure II A TRUE COPY OF THE PROCEEDING NO. MT(2) 20708/02 DATED 05.04.2003 OF THE REGISTRAR OF CO OPERATIVE SOCIETIES.
Annexure III A TRUE COPY OF THE G.O.(MS) NO. 58/2010/ID DATED 15.03.2010.
Annexure IV A TRUE COPY OF THE G.O.(M.S.), NO.
25/2013/LSGD DATED 18.01.2013.
2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 77 APPENDIX OF WA 1274/2022 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE COMMON JUDGMENT DATED 15- 01-2002 IN W.A NO.326 OF 1996 AND O.P NOS.534, 704, 840, 1237, 1282, 4932, 8002 AND 9003 OF 1996 AND 7208 OF 1997 OF THIS HON'BLE COURT.
Annexure II A TRUE COPY OF THE PROCEEDING NO.MT(2)20708/02 DATED 05-04-2003 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
Annexure III A TRUE COPY OF THE G.O(MS) NO.58/2010/ID DATED 15-03-2010.
Annexure IV A TRUE COPY OF THE G.O(MS)NO.25/ 2013/LSGD DATED 18-01-2013.
2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 78 APPENDIX OF WA 1296/2022 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE COMMON JUDGMENT DATED 15/01/2022 IN W.A.NO.326 OF 1996 AND O.P.NOS.534,704, 840, 1237, 1282, 4932, 8002 AND 9003 OF 1996 AND 7208 OF 1997 OF THIS HON'BLE COURT.
Annexure II A TRUE COPY OF THE PROCEEDING NO.MT(2)2078/02 DATED 05/04/2003 OF THE REGISTRAR OF CO- OPERATIVE SOCIETIES.
Annexure III A TRUE COPY OF THE G.O.(MS) NO.58/2010/ID DATED 15/03/2010.
Annexure IV A TRUE COPY OF THE G.O.(MS) NO.2013/LSGD DATED 18/01/2013.
2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 79 APPENDIX OF WA 1432/2022 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE COMMON JUDGMENT DATED 15.01.2002 IN W.A.NO.326 OF 1996 AND O.P. NOS.534, 704, 840, 1237, 1282, 4932, 8002 AND 99003 OF 1996 AND 7208 OF 1997 OF THIS HON'BLE COURT.
Annexure II A TRUE COPY OF THE PROCEEDING NO.MT(2) 20708/02 DATED 05.04.2003 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
Annexure III A TRUE COPY OF THE G.O (MS) NO.58/2010/ID DATED 15.03.2010.
Annexure IV A TRUE COPY OF THE G.O.(MS) NO.25/2013/LSGD DATED 18.01.2013.
2025:KER:32801 WA NO. 1919 OF 2022 and connected cases 80 APPENDIX OF WA 1295/2022 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE COMMON JUDGMENT DATED 15- 01-2002 IN W.A NO.326 OF 1996 AND O.P NOS.534, 704, 840, 1237, 1282, 4932, 8002 AND 9003 OF 1996 AND 7208 OF 1997 OF THIS HON'BLE COURT.
Annexure II A TRUE COPY OF THE PROCEEDING NO.MT(2)20708/02 DATED 05-04-2003 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES.
Annexure III A TRUE COPY OF THE G.O(MS) NO.58/2010/ID DATED 15-03-2010.
Annexure IV A TRUE COPY OF THE G.O(MS)NO.25/ 2013/LSGD DATED 18-01-2013.