Welfare Association Of Kitco Employees (Wake) vs. Kerala Industrial And Technical Consultancy Organisation (Kitco)
Held
The Court held that Kerala Industrial and Technical Consultancy Organisation (KITCO) is not a 'State' or an instrumentality of the State under Article 12 of the Constitution. Consequently, a writ petition under Article 226 is not maintainable against KITCO in service matters.
Facts
The Welfare Association of KITCO Employees and individual employees challenged amendments to KITCO Staff Rules concerning the retirement age. They sought to set aside certain communications and declare that detrimental amendments should apply prospectively.
Key Issues
The key legal issue was whether a writ petition under Article 226 was maintainable against KITCO. This depended on whether KITCO falls within the definition of 'State' or 'instrumentality of the State' under Article 12 of the Constitution.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945 WP(C) NO. 9928 OF 2023 PETITIONERS: 1 WELFARE ASSOCIATION OF KITCO EMPLOYEES (WAKE) ROOM NO. 102, FEMITH'S P.B. NO. 4407, PUTHIYA ROAD, NH BYPASS, VENNALA, KOCHI - 682028 REPRESENTED BY ITS GENERAL SECRETARY, MR. RAJEEV G, AGED 50 YEARS. 2 BOBY P. THEKKAN AGED 54 YEARS SPECIAL ASSISTANT GRADE I (DRAUGHTSMAN), KITCO LTD., MM GARDENS, CHURCH LANDING ROAD, KOCHI – 682016. 3 SREEKUMAR M AGED 61 YEARS SINDHOORAM, HOUSE NO. J-33A, JYOTHI NAGAR, KESAVADASAPURAM, PATTOM P.O., THIRUVANANTHAPURAM – 695004. BY ADVS. ABRAHAM JOSEPH MARKOS V.ABRAHAM MARKOS ISAAC THOMAS P.G.CHANDAPILLAI ABRAHAM ALEXANDER JOSEPH MARKOS SHARAD JOSEPH KODANTHARA JOHN VITHAYATHIL AIBEL MATHEW SIBY RESPONDENTS: 1 KERALA INDUSTRIAL AND TECHNICAL CONSULTANCY ORGANISATION (KITCO) M M GARDENS, CHURCH LANDING RD, PALLIMUKKU, KOCHI - 682016 REPRESENTED BY ITS MANAGING DIRECTOR.
W.P.(C) No.9928 of 2023 2 2 SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA SIDBI TOWER, 15, ASHOK MARG, LUCKNOW, UTTAR PRADESH PIN - 226001 REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR. 3 GOVER
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