High Court Kerala High Court

Shylesh. K. vs Union Of India on 16 February, 2009

Kerala High Court
Shylesh. K. vs Union Of India on 16 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29827 of 2005(A)


1. SHYLESH. K., CHANDRIKA SADANAM,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA, REPRESENTED BY
                       ...       Respondent

2. COCHIN PORT TRUST REPRESENTED BY ITS

3. THE DEPUTY CONSERVATOR,

4. THE REGIONAL LABOUR COMMISSIONER

                For Petitioner  :SRI.P.K.MADHUSOODANAN

                For Respondent  :SRI.ANTONY DOMINIC

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :16/02/2009

 O R D E R
             P.R.RAMACHANDRA MENON, J.
            ======================
                  W.P.(C) No.29827 of 2005
            ======================
         Dated, this the 16th day of February, 2009
                       J U D G M E N T

This writ petition was filed by the petitioner for a

direction declaring that he is entitled to join duty in the

Cochin Port Trust as Fireman pursuant to Exhibit P1 order

of appointment and for consequential relief.

2. The learned counsel for the additional fifth

respondent points out that the appointment of the petitioner

was subjected to challenge stating that the petitioner was

not actually entitled to be considered for the selection and

appointment and that an industrial dispute had already

been raised. It is further stated that the proceedings were

initiated but on its failure, the matter was left there and was

not subjected to challenge.

3. During the pendency of the writ petition, an

interim order was passed by this Court, whereby the

second and third respondents were directed to permit the

W.P.(C) No.29827/2005 -:2:-

petitioner to join duty as Fireman provisionally. It is

submitted that the petitioner promptly reported for duty on

19-12-2005 and is continuing as such. The learned counsel

appearing on either side have stated that the matter has

become final and nothing survives in this writ petition to be

adjudicated by this Court, but for making the interim order

absolute.

In the above circumstances, the direction given

vide the interim order dated 16-12-2005 is made absolute

and the writ petition is treated as closed. Parties shall bear

the costs.

P.R.RAMACHANDRA MENON,
JUDGE.

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