LAWS(KER)-2019-4-74

JOEMON Vs. SAJEEV

Decided On April 04, 2019
Joemon Appellant
V/S
SAJEEV Respondents

JUDGEMENT

(1.) The Registry has raised an objection to the numbering of these Original Petitions pointing out that the common petitioner being not a party to the impugned order of the Kerala Administrative Tribunal should have first applied for its review as per law. The petitioner contends that he would be treated as a party to the order impugned since some others were impleaded allegedly in a representative capacity after paper publication and that therefore the Original Petitions are the remedy.

(2.) The common order of the Kerala Administrative Tribunal in O.A.Nos.857/2017 and 1566/2017 to which the petitioner in these Original Petitions is not an economine party inter alia states as follows:

(3.) The Tribunal shall have for the purpose of discharging its functions under the Act the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of matters enumerated under Section 22(3) of the Act. The same does not include the power under Order I, Rule 8 of the Code of Civil Procedure, 1908 whereby persons having the same interest could be impleaded in a representative capacity after obtaining permission from court.