31 March 2010
Supreme Court
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KERALA STATE CONSUMER FEDN Vs ANANDAN P.K. .

Case number: C.A. No.-002943-002943 / 2010
Diary number: 366 / 2007
Advocates: ROMY CHACKO Vs K. RAJEEV


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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 2943 OF 2010 (Arising out of SLP(C) No.3525/2007)

KERALA STATE CONSUMER FEDERATION & ANR.   Appellant(s)

                    :VERSUS:

ANANDAN P.K. & ORS.                       Respondent(s)

WITH

CIVIL APPEAL NOS. 2944-2947  OF 2010 (Arising out of SLP(C) Nos.17533-17536/2008)

O R D E R

Delay condoned.

Leave granted.

We have heard the learned senior counsel appearing  

on behalf of the parties.

Mr. Patwalia, learned senior counsel appearing on  

behalf  of  Kerala  State  Consumer  Federation  and  Mr.  

Nageswara Rao, learned senior counsel appearing on behalf  

of  the  363  employees  working  in  the  said  Federation  

submit  that  their  cases  could  not  considered  by  the  

Division  Bench  of  the  Kerala  High  Court  in  O.P.  

No.21971/2002 and Writ Petition (C) No.25183/2005 as in

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Writ Petition (C) No.25183/2005 filed by the unemployed  

persons, the 363 employees were not parties and if the  

impugned judgment dated 31.8.2006 passed by the Kerala  

High Court is implemented, they are likely to lose their  

employment. They have been in employment since 1997-1998.  

We  have  gone  through  the  impugned  judgment.  We  

find considerable merit in the submissions of the learned  

senior counsel appearing on behalf of the Federation and  

the 363 employees working in the Federation. In this view  

of the matter, in the interest of justice, we deem it  

appropriate to set aside the impugned judgment and remit  

the matter to the High Court of Kerala at Ernakulam.  The  

High Court is requested to decide the case after hearing  

the parties in accordance with law.

The 363 employees who are going to be affected by  

the decision of the High Court, would be at liberty to  

get themselves impleaded as parties in the writ petition.  

In the facts and circumstances of this case, we  

request  the  High  Court  to  decide  the  case  as  

expeditiously  as  possible,  in  any  event,  within  six  

months from the date of communication of this order.  

These  appeals  are  disposed  of  with  the

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aforementioned observation and direction.

.....................J (DALVEER BHANDARI)

.....................J (K.S. RADHAKRISHNAN)

New Delhi; March 31, 2010.