IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 16278 of 2010(H) -------------------------- PETITIONER(S): --------------- JAYAKUMAR S, PRESIDENT, KLERALA GOVT. PRESS ADMINISTRATIVE STAFF ASSOCIATION, REG. NO. 231/11-3/53, STATE COMMITTE, THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE POONTHOTTAM SRI.SUJITH MATHEW JOSE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PRINTING, PRINTING DEPARTMENT, GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.ARAVIND KUMAR BABU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------- W.P.(C) No. 16278 of 2010 ------------------------------- Dated this the 11th day of June, 2010 J U D G M E N T By Ext.P1, Punching system was introduced in respect of Ministerial Staff in the Printing Department under the Government of Kerala. In Ext.P2 judgment, this Court directed that the implementation of Ext.P2 shall be after hearing all the parties. In that writ petition, the petitioner herein had also got impleaded as an additional respondent. 2. In pursuance to the directions in the judgment, though notice was issued to the parties calling them for a hearing, according to the petitioner, though he appeared for hearing, in view of the absence of petitioner in Ext.P2 judgment, the hearing did not take place, and without hearing the parties, the Punching system has been introduced. It is in this background that this writ petition is filed. 3. In view of the positive direction in Ext.P2 judgment that parties shall be heard and as the complaint of the W.P.(C) No.16278 of 2010 2 petitioner is that this was not done, the case was adjourned for the instructions of the learned Government Pleader in the matter. 4. The learned Government Pleader, on instructions, confirms that the petitioner and the other parties to Ext.P2 judgment were not heard. According to the petitioner, this has happened on account of the non co-operation of the petitioner in Ext.P2. Whatever be the reason, if not all, atleast the petitioner and others who responded to the hearing notice should have been heard. Since none has been heard, there is non compliance of the directions in Ext.P2 judgment, and for that reason, the writ petition is disposed of with the following directions. 5. The first respondent shall issue notice to the addressees of Ext.P3 notice, hear whoever appears in response thereto and pass appropriate orders in the matter, within a period of 6 weeks of production of a copy of this judgment along W.P.(C) No.16278 of 2010 3 with a copy of the writ petition. In order to enable the first respondent to do so, Ext.P7 is set aside. However, it is clarified that as a consequence of this judgment, respondents are not required to discontinue the Punching System which is already introduced. ANTONY DOMINIC JUDGE. nj.