IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH DECEMBER 2006 / 14TH AGRAHAYANA 1928 W.A.No. 179 of 2005() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.30786/2003 Dated 17/08/2004 . ................... APPELLANT: PETITIONER IN W.P. ----------------------------------------------- KERALA SAMASTHANA VIDESHA MADYA VYAVASAYA THOZHILALI UNION (CITU) P.KRISHNAPILLA BHAVAN, NORTH RAILWAY STATION ROAD, KOCHI-18, REPRESENTED BY ITS GENERAL SECRETARY K.M.SUDHAKARAN. BY ADV. SRI.KOSHY GEORGE RESPONDENTS: RESPONDENTS IN THE W.P: --------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF LABOUR AND REHABILITATION (R) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF WELFARE FUND INSPECTOR, ABKARI WORKERS WELFARE FUND BOARD, THIRUVANANTHAPURAM. 3. THE LABOUR COMMISSIONER, TRIVANDRUM. 4. THE KERALA STATE BEVERAGES (M&H) CORPORATION LTD., SASTHAMANGALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY GOVERNMENT PLEADER SRI. BASANT BALAJI ADV. SRI.K.P.DANDAPANI(SC FOR K.S.B.C.) SRI.K.K.BABU, SC, KAWWFB SRI.SOJAN JAMES, SC,KAWWF BOARD THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.S.RADHAKRISHNAN & M.N.KRISHNAN,JJ ------------------------------------- W.A.No.179 OF 2005 ---------------------------------------- DATED THIS THE 5TH DECEMBER, 2006 JUDGMENT K.S.RADHAKRISHNAN,J Rules 4(2) as well as Rule 9 (10) (b) of the Kerala Abkari Shops Disposal Rules 2002 have been declared ultravires by the Supreme Court in Kerala Samsthana Chethu Thozhilali Union Vs. State of Kerala [2006 (2) KLT 270 (SC)]. In the light of the above decision this appeal is allowed. K.S.RADHAKRISHNAN,JUDGE M.N.KRISHNAN,JUDGE dvs