JAGATHAMMA KRISHNAN Vs. TRAVANCORE SUGARS AND CHEMICALS LIMITED
LAWS(KER)-2017-7-223
HIGH COURT OF KERALA
Decided on July 12,2017

Jagathamma Krishnan Appellant
VERSUS
Travancore Sugars And Chemicals Limited Respondents

JUDGEMENT

Devan Ramachandran, J. - (1.) The essential controversy in this case is as to the membership in the Area Development Society (ADS) constituted under the Kudumbasree Self Help Group of the 10th Ward of Peringara Grama Panchayat.
(2.) The petitioner, who was the Secretary of the Committee of the ADS had, in response to Exhibit P1 notification, issued by the first respondent-Travancore sugars and Chemicals Ltd., a Government of Kerala Company, entered into contract with them on behalf of the ADS for the purpose of supply of labour for filling up and packing liquor bottles for a period of three years from 02.05.2016. The petitioner, in her capacity as the Secretary of the Committee of the 10th Ward ADS, gave a list of employees to the Company, as is evident from Exhibit P5 and asserted that those people were the ones authorised to work under the contract entered into as above. The respondents herein appear to have thereafter raised complaints against the petitioner that she had included unauthorised people in the list appended to the contract, namely Exhibit P5, and they alleged that several of them do not belong to 10th Ward ADS. On such allegations, they approached the competent authorities to exclude those people who are not members of the 10th Ward ADS from Exhibit P5 and to include only persons who are members of the 10th Ward ADS, who alone are eligible for such inclusion, according to them.
(3.) This led to certain proceedings against the petitioner, which culminated in Exhibit P10 order issued by the Co-ordinator of the Kudumbasree Mission, the second respondent herein. In Exhibit P10, the second respondent found that the petitioner, in her capacity as the Secretary of the 10th Ward ADS, had included ineligible people and that such persons will have to be excluded and only persons who are members of the 10 th Ward ADS be included in the list provided to the Company. The petitioner has challenged Exhibit P10 order in this writ petition on various grounds, but primarily on the ground that the second respondent has acted in excess of his jurisdiction in issuing Exhibit P10.;


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