High Court of KeralaDivision Bench2023-02-28Writ Appeals dismissed; no costs; issues relati...

WA Nos. 120 to 359 of 2023 (Intra Court Appeals) - High Court of Kerala, Ernakulam

Case / Petition Number:WA Nos. 120 to 359 of 2023 (consolidated)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: The Hon'ble Mr. Justice A. Muhamed Mustaque
The Hon'ble Mrs. Justice Shoba Annamma Eapen
Judgment Date: 2023-02-28
Court Decision / Holding: The writ appeals are dismissed. No costs. The court recognizes that Air India Express, though a private entity, may still bear public-law liabilities in certain contexts, but the challenges under Article 226 and minimum-compensation claims are not upheld in these consolidated petitions. The court leaves open the question of writ-jurisdictional amenability of Air India to be decided in appropriate future cases. The decision discusses the conflict between Abdul Salam S. and National Aviation Company of India Ltd. and ultimately adopts the National Aviation view as controlling in the present batch, while noting the Supreme Court’s ongoing scrutiny of Abdul Salam’s position.
Final Disposition: Writ Appeals dismissed; no costs; issues relating to amenability of Air India to writ jurisdiction left open for future consideration.

Parties to the Case

Appellants / Petitioners

Asharaf
Fasalunnisa Saifuddeen
Mohammed Saleel
Roshith V
Laila Razaak
Sana Fathima (minor)
Sajeev Kumaran
Riyasp Madaparambath
Saifuddeen
Jibin N.C.
Ratheesh K.T
Renjith Panangad
Abdul Rafee
Muḥammad Ashiq
Latheesh Muttooly
Kunjur? (various)
Ashik
Fathima Izza (minor)
Muhammed Azeez (minor)
Mani? (etc.)

Respondents

Union of India
Air India Express Limited
Air India Assets Holding (bearing on the case as the carrier)

Legal Representation & Advocates

Counsels for Petitioners

• Shri Kodoth Sreedharan
• Shri K.P. Muhammad Arif
• Shri Abdul Jaleel.U.K
• Shri Chackochen Vithayathil

Counsels for Respondents

• Shri Manu S., Deputy Solicitor General of India
• Shri Joseph Kodianthara (Sr.)
• Shri Abraham Joseph Markos

Case Synopsis & Summary

This is a consolidated judgment of the Kerala High Court delivering on 28 February 2023 in a batch of writ appeals (Writ Appeals Nos. 120, 121, 140, 141, 142, 143, 144, 145, 146, 147, 156, 157, 160, 163, 164, 180, 181, 182, 183, 184, 192, 195, 197, 198, 199, 207, 210, 211, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 233, 234, 235, 236, 237, 238, 239, 240, 241, 243, 244, 245, 261, 262, 264, 265, 266, 272, 275, 276, 277, 285, 286, 287, 288, 291, 292, 293, 294, 295, 296, 297, 300, 308, 311, 318, 319, 320, 321, 330, 334, 335, 336, 337, 338, 339 and 359 of 2023) arising from compensation claims under the Carriage by Air Act, 1972 in the Karipur air crash litigation. The writ petitions seek public-law relief (Article 226) against Air India Express (a private carrier) and related liabilities, arguing for statutory minimum compensation and/or writ-jurisdictional remedies. The learned Judges examine whether Air India Express and allied entities discharge public functions, the extent of carrier liability under the Carriage by Air Act (and its third schedule Rules 20, 21, 26, 28), and the applicability of international conventions (Warsaw, Montreal) and public policy. A central dispute is whether the statutory regime fixes a minimum amount (or allows only proven damages) and whether writ jurisdiction can compel payment against a private entity. The court references Abdul Salam S. and Others v. Union of India (overruled position) and National Aviation Company of India Ltd. v. S. Abdul Salam (positive, controlling authority) to articulate the settled position. The appeals are dismissed with no costs, and questions of writ-jurisdictional amenability of Air India are left open for future consideration.

Provisions of Law Cited

Carriage by Air Act, 1972 (Rules 20, 21, 26 and 28 of the Third Schedule)Montreal ConventionWarsaw ConventionIndian Contract Act, 1872 (as context for contract vs public law)

Legal Doctrines & Maxims

Sovereign functions / public law remedy
Public policy
Party autonomy in contracts
Rule 26 of the Third Schedule to the Carriage by Air Act – nullity of contract that limits liability to the carrier

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants argued that Air India Express, albeit a private carrier, discharges public functions in air-transport regulation and is amenable to public-law remedies. They pressed Rule 26 of the Third Schedule to Carriage by Air Act, contending that contracts cannot nullify statutory liability and that minimum compensation, where warranted, should be payable under international conventions and national statutes. They urged that private carriers could still be liable under public-law principles for non-payment of statutory compensation; they sought writ relief under Article 226 to enforce liability or ensure higher compensation than any fixed per-convention amount.

Contentions of Respondents

The respondents contended that the petitioners are not maintainable against a private carrier under writ jurisdiction; that compensation is settled by the statutory regime and/or by mediation with settlements; that a contract cannot override the statutory liability and the Court should refrain from directing the private carrier in writ proceedings. They emphasized that minimum compensation claims are governed by the Carriage by Air Act’s schedule and the applicable international conventions, and that the writ petitions, having accepted compensation, are not maintainable; amenability of Air India to writ jurisdiction remains open.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Abdul Salam S. and Others v. Union of India and Another	2011 (3) KHC 199	Overruled	The judgment notes that Abdul Salam S.’s view (Single Judge) was overturned by a Division Bench in National Aviation Company of India Ltd. v. S.Abdul Salam (2011 (3) KHC 761).
National Aviation Company of India Ltd. v. S. Abdul Salam and others	2011 (3) KHC 761	Positive	Division Bench held that the air carrier is liable to pay damages for proven loss; this position is cited as controlling authority in the present batch of appeals.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** ## **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 120 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 31872 OF 2022** ## **APPELLANT/PETITIONER:** ASHARAF, AGED 56 YEARS, R/AT PULIKIATH HOUSE, PALLIPPADI, THNALUR P.O., MALAPPURAM-676 307 BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S. DSG OF IND SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.121/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 121 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 27906 OF 2022** ## **APPELLANT/PETITIONER:** FASALUNNISA SAIFUDDEEN, AGED 35 YEARS, R/AT PADIPATTA CHALIL HOUSE, KARUVANPOYIL. P.O., KODUVALLY, KOZHIKODE-673 572. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 140 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 27817 OF 2022** ## **APPELLANT/PETITIONER:** MOHAMMED SALEEL, AGED 31 YEARS, S/O. MOIDEENKUTTY, R/AT MALAYIL MARAKKATTIL, CHALIYAR. P.O., KADALUNDI, KOZHIKODE-673 301. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 141 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 27937 OF 2022** ## **APPELLANT/PETITIONER:** ROSHITH V, AGED 21 YEARS, S/O. MOHANASUNDARAN, R/AT VILLODI HOUSE, MUNDOPRAMBA, MALAPPURAM-676 509. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 142 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 30596 OF 2022** ## **APPELLANT/PETITIONER:** LAILA RAZAAK, AGED 52 YEARS, W/O. ABDUL RAZAAK, RESIDING AT BAITHUL RAYAN, ENGALATH PADAM, RAMANTTUKARA P. O, KOZHIKKODE, PIN-673 633. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 143 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 27814 OF 2022** ## **APPELLANT/PETITIONER:** SANA FATHIMA (MINOR), REPRESENTED HER FATHER SAIFUDDEEN, R/AT PADIPATTA CHALIL HOUSE, KARUVANPOYIL P.O., KODUVALLY, KOZHIKODE-673 572. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 144 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 27805 OF 2022** ## **APPELLANT/PRTITIONER:** SAJEEV KUMAR.K.P, AGED 49 YEARS, S/O CHATHU, KUNNATHERIPARAMBIL HOUSE, KALPAKANCHERY P.O., MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 145 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 30604 OF 2022** ## **APPELLANT/PETITIONER:** RIYAS MADAPARAMBATH, AGED 30 YEARS, R/AT KULATHAMKUZHIYIL HOUSE, VATTAYAM KAKKATTIL P.O., KOZHIKKODE-673 517. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 146 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 27825 OF 2022** ## **APPELLANT/PETITIONER:** SAIFUDDEEN, AGED 44 YEARS, R/AT PADIPATTA CHALIL HOUSE, KARUVANPOYIL P.O., KODUVALLY, KOZHIKODE-673 572. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 147 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 30755 OF 2022** ## **APPELLANT/PETITIONER:** INSHA (MINOR), REPRESENTED BY HER FATHER MOHAMMED SULFIKAR ALI, CHULLIKKULAVAN HOUSE, VADAKKANGARA, MANAKKADA P.O., MALAPPURAM-679 324. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** ## **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 156 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 28441 OF 2022** ## **APPELLANT/PETITIONER:** MUHAMMED RAFEEQUE, AGED 41 YEARS, S/O YAHOOTTY HAJI, RESIDING AT KARINGAYI HOUSE, KANMANAM, THEKKUMURI P.O., MALAPPURAM-676 551. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 157 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 30575 OF 2022** ## **APPELLANT/PETITIONER:** JIBIN N.C., AGED 31 YEARS, S/O. PURUSHOTHAMAN, NADUVIL CHATHOTH KRISHNALAYAM, CHOMBALA P.O VATAKARA VIA, KOZHIKODE DISTRICT. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 160 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 30739 OF 2022** ## **APPELLANT/PETITIONER:** FATHIMA RAHMA, AGED 25 YEARS, W/O. SAFVAN VADAKKAN, R/AT VATTAKANDATHIL HOUSE, PATHAPPIRIYAM P.O., MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 163 OF 2023** **AGAINST THE JUDGMENT DATED 25.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 32409 OF 2022** ## **APPELLANT/PETITIONER:** RENJITH PANANGAD, AGED 35 YEARS, S/O. P.K.NARAYANAN, KUTTIYADUKKAM HOUSE, THAZHANNUR P.O., ANANDASRAM, KASARAGOD DISTRICT. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 164 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 27823 OF 2022** ## **APPELLANT/PETITIONER:** ZAIN.K.P. (MINOR), AGED 8 YEARS, S/O ANSAD, REPRESENTED BY HIS MOTHER SHAHINA, KUNDOTT PARAKKAL HOUSE, KARIAVATTOM, MANNARMALA P.O., PERINTHALMANNA, MALAPPURAM, PIN-679 325. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 180 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 27802 OF 2022** ## **APPELLANT/PETITIONER:** RESHMA K, AGED 28 YEARS, W/O SREEJITH, PUTHUPARAMBIL HOUSE, VELLERI, PONNANI, MALAPPURAM-679 577. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 181 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 27801 OF 2022** ## **APPELLANT/PETITIONER:** RIYASUDHEEN ABDULLA, AGED 30 YEARS, S/O. ABDULLA, R/AT VADAKKAYIL HOUSE, BALUSSERY.P.O., KOYILANDI, KOZHIKODE-673 612. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 182 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 32286 OF 2022** ## **APPELLANT/PETITIONER:** ASHIK, AGED 30 YEARS, PUTHENPEEDIYEKKAL HOUSE, KULURMA, PERUMBAL, NANNAMUKKU, MALAPPURAM-679 575. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 183 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 31956/2022** ## **APPELLANT/PETITIONER:** MUHAMMED ZISHAN (MINOR), REPRESENTED BY HIS FATHER MOHAMMED SULFIKAR ALI, CHULLIKKULAVAN HOUSE, VADAKKANGARA, MANAKKADA P.O., MALAPPURAM-679 324. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 184 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 30683/2022** ## **APPELLANT/PETITIONER:** ANSAD P.P, AGED 28 YEARS, S/O. RASAK, R/AT PITHAPERI HOUSE, CHETTIPPADI, PARAPPANANGADI, MALAPPURAM-676 319. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 192 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 32167/2022** ## **APPELLANT/PETITIONER:** JAMIMA.K.M., AGED 60 YEARS, W/O. VIJAYAMOHAN, R/AT REHBOTH, NMRA-97, APC ROAD, MALAPARAMBA P.O., KOZHIKODE-673 009. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 195 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 31010/2022** ## **APPELLANT/PETITIONER:** KUNHI MOHAMMED P., AGED 51 YEARS, S/O.KOMUKUTTY, RESIDING AT PAINATT, KUNDOOR P.O., NANNABRA, THAYYALINGAL, MALAPPURAM-676 320. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 197 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 27917/2022** ## **APPELLANT/PETITIONER:** PURUSHOTHAMAN.K, AGED 53 YEARS, S/O. GOVINDAN, R/AT, KODAKKAT, KUMARANPADI, NIRAMARUTHUR, MALAPPURAM DISTRICT. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 198 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 31862/2022** ## **APPELLANT/PETITIONER:** NIKHIL.M., AGED 27 YEARS, S/O ASOKAN, RESIDING AT MALAYIL HOUSE, PONMERI PARAMBIL P.O., KOZHIKODE-673 542. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 199 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 27857/2022** ## **APPELLANT/PETITIONER:** LATHEESH MUTTOOLY, AGED 31 YEARS, SREEDHARAN, R/AT MUTTOOLY HOUSE, KALLURUTTY P.O., OMASSERY, KOZHIKKODE-673 582. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 207 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 30595/2022** ## **APPELLANT/PETITIONER:** MUHMAMMED ASHIK, AGED 23 YEARS, S/O. ASHARAF, R/AT THACHAPARAMBIL HOUSE, CHERUKUNNU, MALAPPURAM-676 528. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 210 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 32190/2022** ## **APPELLANT/PETITIONER:** RATHEESH K.T, AGED 41 YEARS, S/O.BALAKRISHNAN, KALAPPATTU THODY HOUSE, ARIPRA.P.O., ANGADIPURAM, PERINTHALMANNA, MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 211 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 27837/2022** ## **APPELLANT/PETITIONER:** MANOJ KUMAR, AGED 60 YEARS, S/O. VELAYUDHAN, R/AT KUNDOOR VALAPPIL, NARIPARAMBU P.O., THAVANOOR VIA, MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 213 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 31868/2022** ## **APPELLANT/PETITIONER:** MUHAMMED SHAFAF, AGED 28 YEARS, S/O. ABDUL KHADER, R/AT CHUNKATH HOUSE, MUNDUPALAM, PERUMANNA. P.O., KOZHIKKODE-673 019. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 219 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 31088 OF 2022** ## **APPELLANTS/PETITIONER:** 1 AJMAL ROSHAN, AGED 30 YEARS, S/O MUSHTHAFA.K., R/AT KALATHUMPADICKAL, MAYYATHANI ROAD, CHANDAKUNNU, NILAMBUR, MALAPPURAM - 679 329. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 220 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 32188 OF 2022** ## **APPELLANT/PETITIONER:** ASHARAF ATHALAN, AGED 63 YEARS, R/AT ANEESA MANZIL, KOROTH ROAD, P.O.KANJIPALLY, VADAKARA, KOZHIKKODE-673 310. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 221 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 27835 OF 2022** ## **APPELLANT/PETITIONER:** ZAMIL.K.P (MINOR), AGED 8 YEARS, S/O ANSAD, REPRESENTED BY HIS MOTHER SHAHINA, KUNDOTT PARAKKAL HOUSE, KARIAVATTOM, MANNARMALA P.O., PERINTHALMANNA, MALAPPURAM 679 325 BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 222 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT IN WP(C) 24716 OF 2022** ## **APPELLANTS/PETITIONERS:** - 1 AMEENA SHERIN E., AGED 23 YEARS, W/O.LATE SHARAFUDEEN,R./ AT MELEMARUTHAKOTTIL HOUSE,PILASSERY POST, KUNNAMANGALAM, KOZHIKODE-673 571. - 2 FATHIMA IZZA (MINOR), AGED 2 YEARS, D/O. LATE SHARAFUDEEN, R./ AT MELEMARUTHAKOTTIL HOUSE, PILASSERY POST, KUNNAMANGALAM, KOZHIKODE-673 571. (REPRESENTED BY HER MOTHER AMEENA SHERIN E.) - 3 MOOSA M.M., AGED 67 YEARS,,R./ AT MELEMARUTHAKOTTIL HOUSE, PILASSERY POST, KUNNAMANGALAM, KOZHIKODE-673 571. - 4 AAMINA P.K., AGED 60 YEARS, W/O.MOOSA M.M., R./ AT MELEMARUTHAKOTTIL HOUSE, PILASSERY POST, KUNNAMANGALAM, KOZHIKODE-673 571. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 WA 222/2023 -:2:- 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 223 OF 2023** ## **AGAINST THE JUDGMENT in WP(C) 32195/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** ASHARAF M. AGED 42 YEARS S/O. ALAVI, R/AT MAKKADAYIL HOUSE, THATHANAMPULLY, KULUKKALLUR, PALAKKAD 679 337 BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 224 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 27920/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** FATHIMA NUHA (MINOR) REPRESENTED BY HER MOTHER AYISHA FAROONA B., R/AT THOPPILAKAM PARAMBA, MANANTHALAPALAM, KALLAI PO , KOZHIKKODE 673 003 BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 225 OF 2023** **AGAINST THE JUDGMENT WP(C) 31912/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** RINEESH AGED 34 YEARS R/AT GOWRI NILAYAM, NANDIALI MEETHAL, ANNASSERY, THALAKKALATHUR, KOZHIKKODE 673 317. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 226 OF 2023** ## **AGAINST THE ORDER/JUDGMENT WP(C) 25539/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** FAVAS.K.P. AGED 33 YEARS S/O.SHOUKATHALI KP, R/AT KODUKAPARAMBAN HOUSE, KIZHAKKETHALA MANJERI, MANJERI COLLEGE P.O., MALAPPURAM BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** ## **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 227 OF 2023** **AGAINST THE ORDER/JUDGMENTWP(C) 32262/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** SHAHINA ANSAD AGED 34 YEARS, W/O ANSAD. K.P., R/AT KUNDOTTUPARAKKAL, MANNARIMAIA, KAIVATTOM, MALAPPURAM - 679 325. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** # **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 228 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 30629/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** (*) SHAMILA, AGED 35 YEARS, W/O MOHAMMED SULFIKAR ALI, CHULLIKKULAVAN HOUSE, VADAKKANGARA, MANAKKADA.P.O., MALAPPURAM - 679 324. (*) Petitioner's name and address is suo motu corrected as appearing in WP(C).No.30629/2022: RISHANA KOOTHRADAN, AGED 30 YEARS, KOOTHRADAN HOUSE, MANNAMPARA, IRUMBUZHI PO MALAPPURAM 676 509 BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 **WA NO. 228 OF 2023** **-:2:-** BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** ## **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 229 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 28399/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** MOHAMMED ANAS. S.P., AGED 31 YEARS, S/0 S.P. ABOOBACKER, ANAS MANZIL, SEETANGOLI, KASARAGOD. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG** **WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 231 OF 2023** ## **AGAINST THE ORDER/JUDGMENT WP(C) 28419/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** INSHAL CHULLIKULAVAN, AGED 18 YEARS S/O.MOHAMMED SULFIKAR ALI, CHULLIKKULAVAN HOUSE, VADAKKANGARA, MANAKKADA P.O., MALAPPURAM-679 324. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI ## **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG** **WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 233 OF 2023** **AGAINST THE JUDGMENTWP(C) 30622/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** UNNI CHEMBAKAM AGED 33 YEARS S/O.VELAYUDHAN, THANALUR, KERALADHESHWARAM, MALAPPURAM DISTRICT. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG** **WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 234 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 27841/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** ABDULLA SHEHRAN (MINOR) AGED 6 YEARS REPRESENTED BY HIS FATHER ABDUL RAFEE, R/AT NAVODAYA NAGER, PERIYA, KASARAGOD-671316. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 235 OF 2023** **AGAINST THE JUDGMENTWP(C) 30576/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** MURSHIDA SHIRIN AGED 24 YEARS D/O. MUSTHAFA, KUNDULIYIL, KULUKKALLUR, PALAKKAD DISTRICT. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG** **WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 236 OF 2023** **AGAINST THE ORDER/JUDGMENTWP(C) 32198/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** SIDHEEK AGED 54 YEARS R/AT KIZHAKKUMPATT HOUSE, EZHOOR, KOOTHUPARAMBA, TIRUR,, MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG** **WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 237 OF 2023** **AGAINST THE JUDGMENT DATED 25.10.2022 IN WP(C) 30774 OF 2022** ## **APPELLANT/PETITIONER:** JASEELA NARGEES, AGED 28 YEARS, W/O. SHAMEER VADAKKAN, R/AT VATTAKANDTHIL HOUSE, PATHAPPIRIYAM P.O., MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 238 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 27902 OF 2022** ## **APPELLANT/PETITIONER:** MUHAMMED SAHIL(MINOR), REPRESENTED BY HIS FATHER SAIFUDDEEN, RESIDING AT PADIPATA CHALIL HOUSE, KARUVANPOYIL P.O., KODUVALLY, KOZHIKODE-673 572. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 239 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 30979 OF 2022** ## **APPELLANT/PETITIONER:** KENVAL AISHA KOOTHRADAN (MINOR), REPRESENTED BY HER FATHER MOHAMMED NIYAS, KOOTHRADAN HOUSE, MANNAMPARA, IRUMBUZHI.P.O., MALAPPURAM-676 509. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 240 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 27913 OF 2022** ## **APPELLANT/PETITIONER:** ABDULLA RIHAN (MINOR), AGED 12 YEARS, S/O. ABDUL RAFEE, REPRESENTED BY HIS FATHER ABDUL RAFEE, R/AT NAVODYA NAGER, PERIYA, KASARAGOD-671 316. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 241 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 32035 OF 2022** ## **APPELLANT/PETITIONER:** SIYAN.K.P (MINOR), AGED 16 YEARS, S/O ANSAD.K.P., REPRESENTED BY HIS MOTHER SHAHINA, RESIDING AT KUNDOTTUPARAKKAL, MANNARMALA, KARIVATTOM, MALAPPURAM-679 325. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 243 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 27940 OF 2022** ## **APPELLANT/PETITIONER:** SHAMILA, AGED 35 YEARS, W/O MOHAMMED SULFIKAR ALI, CHULLIKKULAVAN HOUSE, VADAKKANGARA, MANAKKADA.P.O., MALAPPURAM - 679 324. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 244 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 32191 OF 2022** ## **APPELLANT/PETITIONER:** MUHAMMED ALI, AGED 36 YEARS, S/O.HAMZA, RESIDING AT MALOL MEETHAL HOUSE, URALLOOR P.O., QUILANDY, KOZHIKKODE-673 620. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 245 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 32129 OF 2022** ## **APPELLANT/PETITIONER:** MOHAMMED REHAB VADAKKAN (MINOR), REPRESENTED HER FATHER SHAMEER VADAKKAN, RESIDING AT VATTAKANDTHIL HOUSE, PATHAPPIRIYAM P.O., MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 261 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 31867 OF 2022** ## **APPELLANT/PETITIONER:** MUHAMMED JUNAID.K, AGED 25 YEARS, R/AT NEW ARAFA (H), KOROTHY ROAD, P.O. KUNJIPALLY, VADAKARA, KOZHIKODE-673 010 BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 262 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 30976 OF 2022** ## **APPELLANT/PETITIONER:** MUHAMMED SAREEF, AGED 39 YEARS, S/O. ABU, R/AT OSSARU VEETTIL, PERUMPADAPPU, AYIROOR P.O., MALAPPURAM-679 582. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 264 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 32177 OF 2022** ## **APPELLANT/PETITIONER:** ABDUL RAFEE, AGED 41 YEARS, S/O. ABDUL HAMEED, R/AT NAVODYA NAGER, PERIYA, KASARAGOD-671 316. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDNTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 265 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 32206 OF 2022** ## **APPELLANT/PETITIONER:** MUHAMMED FASIL, AGED 29 YEARS, S/O. MOIDEEN KOYA, KOTTUMAL HOUSE, KODIYATHUR P.O., MOKKAM, KOZHIKKODE-673 602. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 266 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 31166 OF 2022** ## **APPELLANT/PETITIONER:** MOHAMMED SAHIN PUTHEN PEEDIYEKKAL, AGED 40 YEARS RESIDING AT PUTHEN PEEDIYEKKAL HOUSE, PERUMBAL, NANNAMUKKU P.O., MALAPPURAM-679 575. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 272 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 30733 OF 2022** ## **APPELLANT/PETITIONER:** ABDUL KABEER UNNI MOIDEEN, AGED 42 YEARS, S/O. UNNI MOIDEEN, R/ AT 4/35H, KAMBADI, PADANTHORAI.P.O., DEVASHOLAI, NILGRIS, TAMIL NADU-643 211. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 275 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 30724 OF 2022** ## **APPELLANT/PETITIONER:** MUHAMMED AZAAN (MINOR), REPRESENTED HIS FATHER SAFVAN VADAKKAN., R/ AT VATTAKANDTHIL HOUSE, PATHAPPIRIYAM.P.O., MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 276 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 31870 OF 2022** ## **APPELLANT/PETITIONER:** SULEKHA K P, AGED 64 YEARS, R/AT THENGAKOOTTUNGAL HOUSE, PARAPPUR P.O., VEENALUKKAL, MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 277 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 31162 OF 2022** ## **APPELLANT/PETITIONER:** FATHIMA VADAKKAYIL, AGED 27 YEARS, D/O. ABDUL RAZAAK, R/AT BAITHUL RAYAN, ENGALATH PADAM, RAMANATTUKARA P.O., KOZHIKODE-673 633. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 WA NO. 285 OF 2023** **AGAINST THE JUDGMENT DATED 20.10.2022 IN WP(C) 30764 OF 2022** ## **APPELLANT/PETITIONER:** ARJUN PEETHAMBARAN, AGED 21 YEARS, S/O.PEETHAMBARAN, CHANDRAN KANDIYIL, VALLIYAPPALLI, KOZHIKKODE-673 542. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENTS/RESPONDENTS:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 286 OF 2023** ## **AGAINST THE ORDER/JUDGMENT WP(C) 32508/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** EMRIN MOHAMMED (MINOR), D/O.MOHAMMED RAJEESH, REPRESENTED BY HER MOTHER FATHIMA VADAKKAYIL, RESIDING AT BAITHUL RAYAN, ENGALATH PADAM, RAMANTTUKARA P.O., KOZHIKKODE-673 633. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.02.2023, ALONG WITH WA.120/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 287 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 30615/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** JAZZA VADAKKAN(MINOR) REPRESENTED HER FATHER SAFVAN VADAKKAN., R/AT VATTAKANDTHIL HOUSE, PATHAPPIRIYAM.P.O., MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 288 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 31492/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** ABDULRAHIMAN KUTTY NADAMMAL PUTHIYAKATH AGED 52 YEARS THALASSERY PADAM HOUSE, CHETTIPPADY P.O., PARAPPANANGADI VIA, MALAPPURAM-676319. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG** **WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 291 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 31114/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** NIHMATHULLA ABDUL MAJEED AGED 33 YEARS R/ AT THAHIRA MANZIL, KARIPARAMBU. P.O., TIRURANGADI, MALAPPURAM-676 306. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG** **WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 292 OF 2023** ## **AGAINST THE ORDER/JUDGMENT WP(C) 32012/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** AMEENA SHERIN AGED 23 YEARS W/O LATE SHARAFUDEEN, R/ AT MELE MARUTHAMKOTTIL HOUSE, PILASSERY. P.O., KUNNAMANGALAM, KOZHIKKODE - 673 571. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 293 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 32124/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** ZEYA K.P (MINOR) D/O.ANSAD, REPRESENTED BY HER MOTHER SHAHINA, KUNDOTT PARAKKAL HOUSE, KARIAVATTOM, MANNARMALA P.O., PERINTHALMANNA, MALAPPURAM-679 325 BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 294 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 30590/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** AYISHA FAROONA.B. AGED 24 YEARS S/O. NOUSHEER, R/AT THOPPILAKAM PARAMBA, MANANTHALAPALAM, KALLAI P.O., KOZHIKKODE-673 003. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 295 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 32205/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** SAREEFA NAZER AGED 30 YEARS W/O. NAZER, R/AT KAKKIRI HOUSE, THOTTUMUKKAM P.O., AREEKKODE, KOZHIKKODE. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** ## **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 296 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 31323/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** MUHAMMED NIAS AGED 30 YEARS PAYYAMPALLI MEETHAL HOUSE, CHUNDALE P.O., WAYANAD-673 123. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 297 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 27831/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** SHENZA AYISHA (MINOR) REPRESENTED HER FATHER SAIFUDHEEN, R/AT PADIPATTA CHALIL HOUSE, KARUVANPOYIL P.O.,KODUVALLY, KOZHIKKODE-673 572. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 300 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 31904/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** MUHAMMED MUSTHAFA, AGED 27 YEARS S/O.SIDHIQ, RESIDING AT CHOLAKUNNATH HOUSE, MUNDAKOTTUKURUSHI P.O., PALAKKAD DISTRICT. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG** **WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 308 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 31106/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** ABBAS THEKKETHIL AGED 49 YEARS S/O. KUHAMMED THEKKETHIL, R/AT THEKKETHIL HOUSE, KALLADIPATTA P.O., PATTAMBI VIA, PALAKKAD. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 311 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 27922/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** SREEMANIKANDAN.T.M. AGED 41 YEARS S/O. KUNCHAPPA MENON, R/AT AMBIKAMRUTHAM, MANTHAKKAD, MALAMPUZHA, PALAKKAD-678651. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG** **WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 318 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 31013/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** MUTHU VIJAYAMOHAN, AGED 70 YEARS S/O.M.AMON, RESIDING AT REHBOTH, NMRA-97, APC ROAD, MALAPARAMBA P.O., KOZHIKKODE-673 009. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 319 OF 2023** ## **AGAINST THE JUDGMENTWP(C) 31177/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** ## FATHIMA IZZA(MINOR), REPRESENTED BY HER MOTHER AMEENA SHERIN, D/O. LATE SHARAFUDEEN, MELE MARUTHAMKOTTIL, PILASSERY POST, KUNNAMANGALAM, KOZHIKODE. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 320 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 32089/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** ASHARAF KAPPUMALA AGED 45 YEARS S/O. MUHAMMED, KOTTUVATTA PALAMTHALAKKAL HOUSE, PERUVAYAL, VELAM, VADAKARA, KOZHIKKODE DISTRICT. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG** **WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 321 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 27914/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** ADHISREE.P. (MINOR), AGED 6 YEARS, D/O SREEJITH, REPRESENTED BY HER FATHER SREEJITH, PUTHUPARAMBIL HOUSE, VELLERI, PONNANI, MALAPPURAM- 679577. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI ## **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG** **WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** ## **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 330 OF 2023** ## **AGAINST THE ORDER/JUDGMENT WP(C) 27540/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** MOHAMMED JASIR, AGED 21 YEARS, R/AT THUPPATH HOUSE, VALAVANNUR PO, PARAPPANANGADI, MALAPPURAM 676 551 BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI ## **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG** **WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 334 OF 2023** ## **AGAINST THE ORDER/JUDGMENT WP(C) 30620/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** FAIHA VADAKKAN (MINOR) REPRESENTED BY HER FATHER SHAMEER VADAKKAN, RESIDING AT VATTAKANDTHIL HOUSE, PATHAPPIRIYAM P.O., MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 335 OF 2023** ## **AGAINST THE JUDGMENTWP(C) 27905/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** AYSHATH SALEENA AGED 36 YEARS S/O ABDUL RAFEE, RESIDING AT NAVODYA NAGER, PERIYA, KASARGOD-671 316. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 336 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 31432/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** MUHAMMED SUHAIL (MINOR) REPRESENTED BY HER FATHER ABDULRAHIMAN KUTTY NADAMMAL., RESIDING AT THALASSERY PADAM HOUSE, CHETTIPPADY P.O., PARAPPANAGADY, MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** ## **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** ## **WA NO. 337 OF 2023** ## **AGAINST THE JUDGMENTWP(C) 32504/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** MANHA VADAKKAN (MINOR) REPRESENTED BY HER FATHER SHAM SHAMEER VADAKKAN, RESIDING AT VATTAKANDTHIL HOUSE, PATHAPPRIRIYAM P.O., MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** - 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 - 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 - 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 338 OF 2023** **AGAINST THE ORDER/JUDGMENTWP(C) 27833/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** MOIDUTTY AGED 44 YEARS S/O KUNHAPPA, RESIDING AT VATTAPARAMBIL HOUSE, NANNAMUKKU, MALAPPURAM-679 575. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 339 OF 2023** ## **AGAINST THE ORDER/JUDGMENTWP(C) 25140/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** VIJESH MULAMUKKIL AGED 35 YEARS S/O SHANMUGHAN, MULAMUKKIL HOUSE, VALLACHI, OZHUR P.O., MALAPPURAM. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN** **TUESDAY, THE 28[TH] DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944** **WA NO. 359 OF 2023** ## **AGAINST THE JUDGMENT WP(C) 28369/2022 OF HIGH COURT OF KERALA** ## **APPELLANT/S:** MUNEERA MEDAPPIL AGED 45 YEARS W/O.ABDUL RAHIMANKUTTY, RESIDING AT THALASSERY PADAM HOUSE, CHETTIPPADI P.O, PARAPPANANGADI, MALAPPURAM-676319. BY ADVS. SHRI KODOTH SREEDHARAN SHRI K.P.MUHAMMAD ARIF SHRI ABDUL JALEEL.U.K SHRI CHACKOCHEN VITHAYATHIL ## **RESPONDENT/S:** 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI-110 001 2 AIR INDIA EXPRESS LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA EXPRESS LTD., DH ROAD, ERNAKULAM, KOCHI-682 016 3 AIR INDIA ASSESTS HOLDING, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, INDIA AIRLINES BUILDING, 113, GURUDWARA RAKABGANJ ROAD, NEW DELHI-110 001 BY ADVS SHRI MANU S., DEPUTY SOLICITOR GENERAL OF INDIA SHRI JOSEPH KODIANTHARA (SR.) SHRI ABRAHAM JOSEPH MARKOS AMICUS CURIAE Smt.JOHN NELLIMALA SARAI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.02.2023, ALONG WITH WA NO.120/2023 AND CONNECTED CASES, THE COURT ON 28.02.2023 DELIVERED THE FOLLOWING: **A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ. ----------------------------------------Writ Appeal Nos.120, 121, 140, 141, 142, 143, 144, 145, 146, 147, 156, 157, 160, 163, 164, 180, 181, 182, 183, 184, 192, 195, 197, 198, 199, 207, 210, 211, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 233, 234, 235, 236, 237, 238, 239, 240, 241, 243, 244, 245, 261, 262, 264, 265, 266, 272, 275, 276, 277, 285, 286, 287, 288, 291, 292, 293, 294, 295, 296, 297, 300, 308, 311, 318, 319, 320, 321, 330, 334, 335, 336, 337, 338, 339 and 359 of 2023** **-----------------------------------------** **Dated this the 28[th] day of February, 2023** ## **J U D G M E N T** **==> picture [430 x 39] intentionally omitted <==** ## Justice A.Muhamed Mustaque These intra-court appeals are filed by the writ petitioners. The matter is related to a claim for compensation under the Carriage by Air Act, 1972. Claims have been raised by passengers and relatives of the victims of the air crash at Karipur International Airport who were traveling in **Writ Appeal No.120/2023 and con.cases** ## -:2:- Air India Express Dubai-Kozhikode Flight IX-1344. Accident occurred on 7/8/2020. 2. Heard the learned counsel, Shri Kodoth Sreedharan appearing for the appellants and the learned Senior Counsel, Shri Joseph Kodianthara appearing for Air India and learned Amicus Curiae Smt.John Nellimala Sarai. 3. The learned Single Judge who heard the matter dismissed the writ petitions holding that Air India is a private entity and no public function is being discharged in payment of compensation that is payable by them under the Carriage by Air Act. The learned Single Judge also found that all the petitioners having received compensation, the writ petitions are not maintainable. 4. In regard to the finding that the writ petitions are not maintainable as Air India being a private carrier, is according to us, unwarranted. Merely because Air India is a **Writ Appeal No.120/2023 and con.cases** ## -:3:- private entity, it cannot be said they are not discharging public function in matters related to Air Laws and regulations thereon. A learned Single Judge of this Court in **Abdul Salam S. and Others v. Union of India and Another [2011 (3) KHC 199]** after adverting to Rules 20, 21, 26 and Rule 28 of the third schedule to the Carriage by Air Act, was of the view that in the matter of accidents arising from air crash, air carrier is liable to pay minimum compensation of one lakh SDRs (then prevailing rate). The view of the learned Single Judge was overturned by a Division Bench in **National Aviation Company of India Ltd. v. S.Abdul** **Salam and others [2011 (3) KHC 761]** . The Division Bench was of the view that the air carrier was only liable to pay damages for proven loss. The appeal against Division Bench Judgment is pending before the Apex Court. If the view of the learned Single Judge is upheld, perhaps we may have to hold that minimum compensation prescribed under **Writ Appeal No.120/2023 and con.cases** -:4:- the Carriage by Air Act is based on public policy and even private carriers could be accountable under public law for non-payment of minimum compensation. It has to be noted that the obligation to pay compensation under the Carriage by Air Act is not based on mere regulatory regime but also based on sovereign functions as committed by our country in international forums. An air carrier may have to carry many passengers from different countries. Convention for unification of rules relating to international carriage was signed in Warsaw in the year 1929 and Montreal convention in the year 1999. The Montreal convention casts an obligation on air carriers to pay the compensation as referred to in the Carriage by Air Act. These are sovereign’s obligations and private carriers in fact shoulder such obligations assured by the Sovereign in international forums. In such a scenario, it may not be safe to hold that the writ petitions are **Writ Appeal No.120/2023 and con.cases** ## -:5:- not maintainable even to direct the air carrier to pay minimum compensation. In such circumstances, we find that question can be left open for decision in appropriate cases in future. 5 In these cases, admittedly, all the writ petitioners have received compensation. The compensation has been received without any protest or any reservation. We also note that some of the writ petitioners who in the earlier round of litigation had claimed compensation, withdrew the writ petition as not pressed based on the settlement of payment of compensation. 5. The learned counsel for the appellants submitted that the compensation received is much less than the compensation payable under the Carriage by Air Act and, therefore, they have every right to approach this Court invoking Article 226 of the Constitution. The learned counsel further placing reliance on the judgments of this Court and other materials argued that Air **Writ Appeal No.120/2023 and con.cases** ## -:6:- India is discharging public function and therefore, they are amenable to Article 226 of the Constitution. The learned counsel pointed out Rule 26 of the third schedule to the Carriage by Air Act. The above provision reads thus: 26. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in these rules shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of these rules . 6. According to the learned counsel for the appellants, any action on the part of Air India limiting compensation by a contract is null and void and, therefore, even if they have accepted compensation, that will not preclude them from claiming higher compensation as per the statutory regulation. 7. The learned Senior Counsel Shri Joseph Kodianthra submitted that merely because the compensation regime is regulated by a statutory provision, that will not confer a right on **Writ Appeal No.120/2023 and con.cases** ## -:7:- passengers to move a public law remedy. He cited examples of claims under the Motor Accidents Claims Tribunal for compensation arising out of motor accidents. The learned Senior Counsel further submitted that compensation was worked out based on individual claims and entire compensation was paid based on mediation to each individual claimant. 8. We shall now have a look at Rule 26 of the third schedule to the Carriage by Air Act once again. Rule 26 only nullifies the provision if any made by the carrier by way of contract or stipulation in air ticket limiting the liability of the air carrier. Thus, any contract contrary to the compensation regime under the statutory provision, if it is not beneficial to the passenger, such contract is null and void. That means that the carrier cannot escape liability to pay compensation in accordance with the statutory provision citing contracts entered with **Writ Appeal No.120/2023 and con.cases** ## -:8:- passengers. In this case, however, we note that all the parties to this litigation voluntarily accepted the compensation given to them without any protest. Rule 26 refers to entitlement and that cannot be whittled down by a contract. But that does not mean that the parties are not free to enter into a contract to accept the compensation at a lower fixed rate than prescribed in the statute. In every contract what is reflected is party autonomy. If parties voluntarily accept the compensation given to them, they cannot turn around and challenge the same, contending that it is lower than what is stipulated in the statutory provision. The offer and acceptance refers to a contract. That can be impeached only through a known manner as provided in the Indian Contract Act, 1872. In such circumstances, we are of the view that there is no merit in the writ petitions. The question whether Air India is amenable to writ jurisdiction being a **Writ Appeal No.120/2023 and con.cases** -:9:- private entity for payment of any compensation as per the schedule, is left open. These appeals stand dismissed. No costs. Sd/- **A.MUHAMED MUSTAQUE, JUDGE** Sd/- **SHOBA ANNAMMA EAPEN, JUDGE** **ms**