The Rubber Board v. All India Rubber Employees Association

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 5TH DAY OF MARCH 2015/14TH PHALGUNA, 1936 AGAINST THE JUDGMENT IN WP(C) 1078/2015 of HIGH COURT OF KERALA APPELLANT(S)/2ND TO 5TH RESPONDENT IN WPC:

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1. THE RUBBER BOARD HEAD OFFICE, POST BOX NO. 1122, SUB JAIL ROAD KOTTAYAM - 686 002, REPRESENTED BY ITS SECRETARY.

2. THE CHAIRMAN RUBBER BOARD, POST BOX NO. 1122, SUB JAIL ROAD KOTTAYAM - 686 002.

3. THE DIRECTOR LICENSING & EXCISE DUTY, RUBBER BOARD POST BOX NO. 1122, SUB JAIL ROAD, KOTTAYAM - 686 002.

4. THE DEPUTY DIRECTOR (LICENSING) RUBBER BOARD, LICENSING DIVISION, WILLINGDON ISLAND BY ADVS.SRI.V.ABRAHAM MARKOS SRI.BINU MATHEW SRI.TOM THOMAS (KAKKUZHIYIL) SRI.ABRAHAM JOSEPH MARKOS SRI.ISAAC THOMAS RESPONDENT(S)/PETITIONERS 1 TO 24 IN WPC AND 1ST RESPONDENT IN WPC:

1. ALL INDIA RUBBER EMPLOYEES ASSOCIATION REG.NO.289/71, AZAD LANE, KOTTAYAM - 686 001 REPRESENTED BY ITS GENERAL SECRETARY C.PRADEEP.

2. P.N.DEVARAJAN WORKING PRESIDENT ALL INDIA RUBBER BOARD EMPLOYEES ASSOCIATION REG. NO. 289/71, AZAD LANE, KOTTAYAM - 686 001.

3. K.J.MARY SECTION OFFICER, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

4. LAKSHMY DEVI M JUNIOR ASSISTANT, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

5. JOSEPH MAJO K.G JUNIOR ASSISTANT, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

6. LAKSHMI. S JUNIOR ASSISANT, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

7. S.JAYA JUNIOR ASSISTANT GRADE -I, THE RUBBER BOARD LICENSING DIVISION, WILLINGDON ISLAND

8. VIJAYALEKSHMY V. PRABHU ASSISTANT, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

9. MAYA C.P PEON/WATCHER, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

10. AJITHKUMAR P.T PEON/WATCHER, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

11. LEENAKUMARY S JUNIOR ASSISTANT GRADE - I, THE RUBBER BOARD LICENSING DIVISION, WILLINGDON ISLAND

12. NISHA FRANKLIN JUNIOR ASSISTANT, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

13. REENA JESSEENTHA C.A JUNIOR ASSISTANT GRADE -I, THE RUBBER BOARD LICENSING DIVISION, WILLINGDON ISLAND

14. SREEDEVI C SECTION OFFICER, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

15. LATHADEVI V ASSISTANT, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

16. SINDHU SHIBU JUNIOR ASSISTANT GRADE - I, THE RUBBER BOARD LICENSING DIVISION, WILLINGDON ISLAND

17. VASANTHI R ASSISTANT, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

18. NEETHI CHACKO JUNIOR ASSISTANT, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

19. GEETHA K.N ASSISTANT, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

20. K.S.LILYKUTTY ASSISTANT, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

21. PATHROSE M.M ASSISTANT, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

22. SURESH BABU ASSISTANT, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

23. SARITHA C.M STENOGRAPHER GRADE II, THE RUBBER BOARD LICENSING DIVISION, WILLINGDON ISLAND

24. K.SEETHAMMAL SECTION OFFICER, THE RUBBER BOARD, LICENSING DIVISION WILLINGDON ISLAND, KOCHI - 682 003.

25. UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY CENTRAL SECRETARIAT, NEW DELHI - 110 001.

R1-R24 BY ADV. SRI.K.JAJU BABU (SR.), ADV. SMT.M.U.VIJAYALAKSHMI & BY ADV. SRI.BRIJESH MOHAN BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05-03-2015, ALONG WITH WPC. 1078/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.

....................................................... W.A. NO. 371 OF 2015 & ....................................................... Dated this the 5th day of March, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Writ Appeal No. 371/2015 has been filed against an interim order dated 13-1-2015 passed by the learned Single Judge in Writ Petition No. 1078 of 2015. The Writ Appeal was heard by this Court on 2-3-2015 and as agreed by the learned counsel appearing for the parties, the Writ Petition was also directed to be listed along with the Writ Appeal. Hence, both the above cases have come up today.

2. The Writ Petition was filed by All India Rubber

W.A. NO. 371 OF 2015 & Board Employees Association as the first petitioner, the 2nd petitioner is an employee working at the Rubber Board Head Office, Kottayam and petitioners 3 to 24 are other employees working at the Rubber Board Licensing Division, Willington Island, Kochi.

3. The Writ Petition was filed challenging Exts. P4, P5 and P7 orders by which the Chairman of the Rubber Board has issued an order regarding shifting and functioning of Licensing Division, Kochi to Headquarter, Kottayam. The said orders were issued on 1-1-2015, 5-12015 and 6-1-2015 respectively.

4. The principal submission which was raised by the learned counsel for the Writ Petitioner was that the order directing shifting of the Licensing Division, Kochi to Head Office, Kottayam, within 18 days i.e. on or before 19th January 2015, is arbitrary, illegal and unconstitutional .

W.A. NO. 371 OF 2015 &

5. Learned counsel for the petitioners submitted that even the Deputy Director (Licensing) has represented to the Director informing about the various difficulties which may be felt in shifting the office within a short span of time. The Deputy Director has requested that time, at least till 31-3-2015, shall be given for making proper arrangement and shifting of the Division to Kottayam.

6. The learned single Judge, in the Writ Petition, passed an interim order on 13-01-2015 for staying the operation of Exts. P4, P5 and P7 orders for a period of two months.

7. It is argued by the learned counsel for the appellants that the learned Single Judge should not have interfered with such administrative orders.

The submission of the learned counsel for the Appellant is that even the Deputy Director himself has requested for

W.A. NO. 371 OF 2015 & granting of time only till 31-3-2015. Hence, at best, time could be extended only till 31-3-2015.

In view of the limited prayer made by the learned counsel for the appellant, we are of the view that ends of justice will serve in closing both the Appeal as well as the Writ Petition with a direction that the orders impugned in the Writ Petition Ext. P4, P5 and Ext. P7 shall be implemented after 31-3-2015. We make it clear that we have not examined any other issues both in the Writ Petition as well as the Writ Appeal . Accordingly, the Writ Appeal as well as the Writ Petitions are closed. Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/-A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge