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Showing contexts for: matsyafed in George Joseph Fernandez And Ors. vs Government Of India And Anr. on 25 July, 1989Matching Fragments
3. Though there is no Fisheries Corporation as such in the State of Kerala, a State level Apex Federation was formed which is called "Matsyafed" which made some imports of outboard motors to be sold to fishermen. The result is that Matsyafed can now sell outboard motors at a far reduced price when compared with the price offered by the petitioners and other similarly situated traders. Hence it became difficult for the petitioners to compete with Matsyafed in the matter of sale of outboard motors. It was in the aforesaid background that petitioners approached this Court praying for appropriate reliefs.
5. No counter has been filed on behalf of the respondents. Government of India is the first respondent in the original petitions and the other respondent is the Collector of Customs, Cochin. The benefit of the exemption primarily enures to Matsyafed and other Corporations of different States, but none of them is made a party in these proceedings. The non-joinder of any of those bodies is sought to be justified on the ground that the reliefs claimed in the original petitions are only intended to benefit the petitioners and not to affect such exempted parties. Reference was made to the decision in G.M.S.C Rly. v. A.V.RT Siddhanti, (AIR 1974 SC 1755) in support thereof. That was a case for issuing a writ of mandamus directing the Secretary of the Railway Board to fix the inter se seniority of the petitioners. A contention was raised by the respondents in the said case that employees who were likely to be affected by the decision in the case were not made parties and hence their nonjoinder would be fatal to the maintainability of the petition. The Supreme Court has held that since no list or order fixing seniority of the petitioners vis-a-vis any particular individual was being challenged, the employees who were likely to be affected were, at the most, only proper parties and not necessary parties. I doubt whether the said principle is of any justification for the non-joinder of Matsyafed or other bodies which will be directly affected by granting the reliefs prayed for in these original petitions.