IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 4172 of 2007(V) ------------------------- PETITIONER: ------------ 1. MADHYA VIDESHA MADHYA VYAVASAYA THOZHILALI FEDERATION, INTUC OFFICE, SANTHI NAGAR JUNCTION, PRESS ROAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS PRESIDENT, SHRI C.K.RAJAN. 2. M. ANIL KUMAR, ABKARI WORKER ON DAILY WAGES, FL-01-NO.19, NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.DEEPU THANKAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE BEVERAGES (M & M) CORPORATION LTD.,SASTHAMANGALAM,THIRUVANANTHAPURAM REP. BY ITS MANAGING DIRECTOR. 3. KERALA ABKARI WORKERS WELFARE FUND BOARD POWER HOUSE ROAD, THIRUVANANTHAPURAM-36, REP. BY ITS CHIEF WELFARE FUND INSPECTOR. BY ADV. SRI.MILLU DANDAPANI SRI.M.K.CHANDRA MOHANDAS, GOVT. PLEADER SHRI.P.N.SANTHOSH SRI.ELVIN PETER P.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 4172/07. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE GOVT. ORDER DTD.7.8.04. P2. COPY OF THE ORDER OF R1 DTD.2.3.06. P3. COPY OF THE APPOINTMENT ORDER DTD.10.3.06 BY R2. P4. COPY OF THE ORDER BY R2 DTD.16.1.07. P5. COPY OF THE ORDER DTD.13.2.06. P6. COPY OF THE COUNTER AFFIDAVIT BY R2 DTD.4.8.08. P7. COPY OF THE COMMUNICATION FROM THE LABOUR DEPARTMENT DTD.16.12.06 TO R3. P8. COPY OF THE GOVT. ORDER DTD.20.12.06. P9. COPY OF THE JUDGMENT IN W.P.C.NO.27944/06 OF THIS COURT. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.4172 of 2007 ================== Dated this the 5th day of August, 2008 J U D G M E N T The first petitioner is a Union of employees of the 2nd respondent Corporation. The 2nd petitioner is one of the employees of the said Corporation and a member of the 1st petitioner Union. In this writ petition the petitioners are seeking quashing of Ext.P4 order and direction to the 2nd respondent to enroll the 2nd petitioner and other similarly placed 50 persons whose cause is espoused by the 1st petitioner, appointed on the basis of the Exts.P1 and P2 Government orders, in the Abkari Workers' Welfare Fund. According to the petitioners, in view of Ext.P9 judgment, the petitioners are entitled to the reliefs prayed for in the writ petition. In Ext.P9 judgment, Ext.P4 in that writ petition, which is Ext.P8 in this writ petition, was quashed. The contention is that Ext.P4 in this writ petition has been passed on the basis of Ext.P8 which has been quashed in Ext.P9 judgment and therefore, Ext.P4 also is liable to be quashed. 2. I have heard both sides. w.p.c.4172/07 2 3. It is not disputed before me that Ext.P4 order has been passed pursuant to Ext.P8. That being so, once Ext.P8 is quashed by Ext.P9 judgment, naturally, Ext.P4 should also go. Accordingly, Ext.P4 is quashed. There would be a direction to the respondents to take appropriate steps as contemplated in Ext.P9 judgment in respect of the 2nd petitioner and other 50 persons whose cause is espoused by the 1st petitioner in this writ petition also. Orders in this regard shall be passed within one month from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge