IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10434 of 2007(P)
1. DRUGS & PHARMACEUTICALS EMPLOYEES
... Petitioner
2. KERALA STATE DRUGS AND PHARMACEUTICALS
Vs
1. KERALA STATE DRUGS AND PHARMACEUTICALS
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.P.R.RAMACHANDRA MENON,SC,KSDP LTD.
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :24/09/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.10434 OF 2007
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Dated this the 24th day of September, 2007
JUDGMENT
The learned counsel for the additional 3rd respondent raises
an objection to the continuance of stay on the ground that the
writ petition itself is not maintainable. The contention is that the
1st respondent Company is not amenable to writjudication of this
court in respect of such matters since there is no violation of any
of the fundamental rights of the petitioners. Admittedly, the
Company is going through a severe financial crisis as a result of
which the Company is not able to pay even the salary of the
employees of the Company. That being so, it defies logic as to
why the Company should take a hasty decision to give pay parity
benefits to a set of workers that too without concurrence from
the Government, which owns the Company. That being so, I am
satisfied that the writ petition is maintainable. However, the
learned counsel for the 3rd respondent submits that it is more
appropriate that the Government decides the mater. I feel that
W.P.(c)No.10434/07 2
the said submission is justified. Therefore, I dispose of this
writ petition with a direction to the 2nd respondent to consider
the matter in respect of which Ext.P3 is pending and pass
appropriate orders thereon as expeditiously as possible, at any
rate, within three months from the date of receipt of a copy of
this judgment after affording an opportunity of being heard to
all parties concerned, including the petitioners and the 3rd
respondent. Till the Government takes a decision thereon the
present position shall continue.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.10434/07 3