State Consumer Fedn & ANR. Vs. Anandan P.K. & Ors.  INSC 241 (31
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2943 OF
2010 (Arising out of SLP(C) No.3525/2007) KERALA STATE CONSUMER FEDERATION
& ANR. Appellant(s) :VERSUS:
P.K. & ORS. Respondent(s) WITH CIVIL APPEAL NOS. 2944-2947 OF 2010 (Arising
out of SLP(C) Nos.17533-17536/2008)
O R D E R
heard the learned senior counsel appearing on behalf of the parties.
Patwalia, learned senior counsel appearing on behalf of Kerala State Consumer
Federation and Mr. Nageswara Rao, learned senior counsel appearing on behalf of
the 363 employees working in the said Federation submit that their cases could
not considered by the Division Bench of the Kerala High Court in O.P.
and Writ Petition (C) No.25183/2005 as in 2 Writ Petition (C) No.25183/2005
filed by the unemployed persons, the 363 employees were not parties and if the
impugned judgment dated 31.8.2006 passed by the Kerala High Court is
implemented, they are likely to lose their employment. They have been in
employment since 1997-1998.
gone through the impugned judgment. We find considerable merit in the
submissions of the learned senior counsel appearing on behalf of the Federation
and the 363 employees working in the Federation. In this view of the matter, in
the interest of justice, we deem it appropriate to set aside the impugned
judgment and remit the matter to the High Court of Kerala at Ernakulam. The
High Court is requested to decide the case after hearing the parties in
accordance with law.
employees who are going to be affected by the decision of the High Court, would
be at liberty to get themselves impleaded as parties in the writ petition.
facts and circumstances of this case, we request the High Court to decide the
case as expeditiously as possible, in any event, within six months from the
date of communication of this order.
appeals are disposed of with the 3 aforementioned observation and direction.
.....................J (DALVEER BHANDARI)
.....................J (K.S. RADHAKRISHNAN)
March 31, 2010.