IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 1546 of 2009(H) ------------------------- PETITIONER: --------------- KERALA STATE WAREHOUSING CORPORATION EMPLOYEES UNION(CITU),REG.NO.07-41-90,REP; BY ITS JOINT SECRETARY,SRI.K.VIJAYAKUMAR,KERALA STATE WAREHOUSING CORPORATION,P.B.NO.1727,KOCHI-16. BY ADV. SRI.ASOK M.CHERIAN RESPONDENTS: --------------- 1. KERALA STATE WAREHOUSING CORPORATION, ERNAKULAM. 2. THE CHAIRMAN OF BOARD OF DIRECTORS OF KERALA STATE WAREHOUSING CORPORATION,OFFICE OF THE KERALA STATE WAREHOUSING CORPORATION,ERNAKULAM. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,AGRICULTURE(PU)DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 4. A.RAJENDRAN PANICKER,GENERAL MANAGER (CONSTRUCTION,KERALA STATE WARE HOUSING CORPORATION,ERNAKULAM. ADV. SRI.MAJNU KOMATH, SC, K.S.W.C. FOR R1 & 2 SRI.P.GOPINATH FOR R4 GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.1546/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE STAFF PATTERN PRESCRIBED TO CARRY OUT THE FUNCTIONS OF THE 1ST RESPONDENT CORPORATION, AS NOTIFIED BY THE ORDER OF THE 3RD RESPONDENT DATED 19-3-1991. EXT.P2. TRUE COPY OF THE LETTER OF THE MANAGING DIRECTOR OF 1ST RESPONDENT CORPORATION ADDRESSING THE GENERAL SECRETARY OF THE PETITIONER TRADE UNION DATED 11-9-2007. EXT.P3. TRUE COPY OF THE ORDER DATED 7-2-2008 ISSUED BY THE MANAGING DIRECTOR OF THE 1ST RESPONDENT CORPORATION IMPLEMENTING THE DECISION OF THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS OF THE CORPORATION. RESPONDENTS' EXHIBITS: EXT.R1(A): TRUE COPY OF RESOLUTION NO.2113 DATED 6-3-1997. EXT.R1(B): TRUE COPY OF RESOLUTION NO.2642 DATED 17-1-2008. EXT.R1(C): TRUE COPY OF THE RESOLUTION NO.2455 DATED 15-9-2003. EXT.R1(D): TRUE COPY OF THE RESOLUTION NO.2639 DATED 17-1-2008. EXT.R4(a): TRUE COPY OF THE LETTER NO.26484/PU2/2000/AD DATED 18-12-2000 FROM THE SECRETARY TO GOVERNMENT. EXT.R4(b): TRUE COPY OF THE LETTER NO.26484/P72/2000/AD DATED 21-7-2001 EXT.R4(c): TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE 229TH MEETING OF THE BOARD OF DIRECTORS OF KERALA STATE WAREHOUSING CORPORATION HELD ON 28-11-2001. EXT.R4(d): TRUE COPY OF THE LETTER DATED 17-2-2007 FROM THE MANAGING DIRECTOR, KERALA STATE WAREHOUSING CORPORATION. / TRUE COPY / P.S.TO JUDGE S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.P(C)No.1546 of 2009 -------------------------------------------------- Dated this the 24th day of March, 2009 JUDGMENT S.R.Bannurmath,C.J. This writ petition is filed challenging the appointment of the 4th respondent as General Manager (Construction) of the first respondent Corporation as illegal and arbitrary as it is violative of the staff pattern, Ext.P1, laid down by the Board of Directors of the Corporation with the approval of the Government of Kerala. We are not going into the merits or demerits of the case. Since it is brought to our notice that in the meeting No.249 held by the Board of Directors dated 29-11-2008 it was resolved to get ratification from the Government regarding the post created, and admittedly since the approval is pending consideration by the Government, we deem it proper to direct the Government to consider and dispose of the same in accordance with law expeditiously. In W.P(C)No.1546 of 2009 : 2 : that view of the matter we make it clear that all the contentions raised in the writ petition are left open. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.P(C)No.1546 of 2009 ---------------------------- JUDGMENT 24th March, 2009