Kerala High Court
Sam K Julius vs The Shipping Corporation Of India ... on 17 June, 2025
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W.A No.1095 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TUESDAY, THE 17TH DAY OF JUNE 2025 / 27TH JYAISHTA, 1947
WA NO. 1095 OF 2025
AGAINST THE JUDGMENT DATED 24.03.2025 IN WP(C) NO.9216
OF 2024 OF HIGH COURT OF KERALA
APPELLANT:
SAM K JULIUS
AGED 52 YEARS
S/O K.J.JULIUS, 5TH ENGINEER OFFICER(FOREIGN GOING),
THE SHIPPING CORPORATION OF INDIA LIMITED, REGISTERED
OFFICE: SHIPPING HOUSE, 245, MADAME CAMA ROAD, MUMBAI -
400 021, RESIDING AT: KALLUVEETIL HOUSE, ANCHORAGE'
HOUSE NO.44/1051 - D, POTTAKUZHY ROAD, KOCHI,
PIN - 682017
BY ADVS.
SHRI.T.C.GOVINDASWAMY
SHRI.KAILESH T. GOPI
SMT.KALA T.GOPI
SMT.NISHITHA BALACHANDRAN
RESPONDENTS:
1 THE SHIPPING CORPORATION OF INDIA LIMITED
REGISTERED OFFICE: SHIPPING HOUSE, 245, MADAME CAMA
ROAD, MUMBAI THROUGH ITS CHAIRMAN & MANAGING DIRECTOR.,
PIN - 400021
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2 THE CHIEF MEDICAL OFFICER
THE SHIPPING CORPORATION OF INDIA LIMITED, REGISTERED
OFFICE: SHIPPING HOUSE, 245, MADAME CAMA ROAD, MUMBAI,
PIN - 400021
3 THE CHIEF MANAGER (FLEET PERSONNEL DEPARTMENT ENGINE)
THE SHIPPING CORPORATION OF INDIA LIMITED, REGISTERED
OFFICE: SHIPPING HOUSE, 245, MADAME CAMA ROAD, MUMBAI,
PIN - 400021
BY SRI.JOY THATTIL ITTOOP, SC.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.06.2025, THE COURT ON 17.06.2025 DELIVERED THE FOLLOWING:
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JUDGMENT
Sushrut Arvind Dharmadhikari, J.
Heard finally with the consent of both the parties.
2. The intra-court appeal under Section 5 of the Kerala High Court Act, 1958 assails the judgment dated 24.03.2025 in WP(C) No.9216 of 2024 whereby the writ petition filed by the appellant has been dismissed.
3. The brief facts of the case are that the appellant was appointed as '5th Engineer Officer' with effect from 13.12.1999. He was placed on probation for six months. Thereafter, he was confirmed. The appellant signed off from the vessel 'MT Suvarna Swarajya' on 04.09.2020 and thereafter remained unauthorizedly absent from duty. It was only on 03.12.2023 the appellant approached the respondents through e-mail, expressing his desire to join duty. The appellant produced medical certificate of his fitness, requesting the respondents to permit him to join duty and allow him to be posted in a vessel.
4. The agreement entered between the Maritime Union of India (MUI) and the Indian National Ship Owners Association 2025:KER:42372 W.A No.1095 of 2025 4 (INSA) with effect from 01.01.2024 to 31.12.2027 provides that, if an officer on leave (except on medical leave) does not report to the Company within a maximum period of 12 months, it is presumed that the officer has left the services of the Company and it would be for the Company to terminate the services of such Officer without any further notice.
5. The appellant had filed the writ petition praying for the following reliefs:
(i) Declare that the nonfeasance on the part of the respondents to allow the petitioner to join back to duties despite the fact he had submitted requisite medical certificates indicating fitness for sea service, issued by the competent medical authority, is arbitrary, discriminatory and unconstitutional;
(ii) Direct the respondents to allow the petitioner to join back to duties and direct further to deem that the petitioner has joined duties on 11.12.2023, with all consequential benefit including arrears of pay and allowance arising therefrom;
(iii) Direct the respondents to revise the petitioner's pay consistent with the series of agreements 2025:KER:42372 W.A No.1095 of 2025 5 arrived at after 2008 and direct further to grant the petitioner all consequential benefits thereof.
6. Learned counsel for the appellant contended that the learned Single Judge failed to consider the fact that the respondents had already regularised the period of absence, after he had submitted medical certificates. Thereafter, the appellant made a request to join the vessel. In response thereof, the respondents vide Ext.P10 e-mail dated 11.12.2023 sent a notice of reporting for joining the vessel on condition that the regularisation of unauthorized absence shall be subject to approval of SCI's management. It was also stated therein that the medical certificates submitted against long absence would also be subject to approval of the Chief Medical Officer. Thereafter the matter shall be put up before the management for approval for regularisation of unauthorised absence. In case the absence gets regularised, the appellant would be required to undergo pre joining medical, as per the prevailing Merchant Shipping Medical Rules in SCI's authorised and empanelled medical centres/labs, to prove the fitness for joining a vessel.
2025:KER:42372 W.A No.1095 of 2025 6 The appellant, vide Ext.P11 e-mail dated 27.12.2023, sent a reminder to the respondents informing that he has been declared fit for sea service by the DG Shipping approved Doctor in Kochi and all the required documents are in order and therefore, he may be updated with regard to joining for duty.
7. On 08.01.2024, Ext.P12 e-mail was sent by the respondents asking the appellant to submit medical certificates mentioning the period of treatment, for enabling them to process further. In response to e-mail dated 08.01.2024, the appellant again sent Ext.P13 e-mail dated 08.01.2024 informing that all the medical certificates in his possession have already been submitted and he has no more certificates to produce, with a request to take a decision based on the documents submitted. The respondents sent an e-mail dated 10.05.2024 (Ext.P15) to the appellant stating that "as per Management directives you are requested to report to SCI Head office for joining the vessel". In response, the appellant sent an e-mail on 12.05.2024 (Ext.P16) informing that as per the e-mail dated 10.05.2024, he shall be reporting for duty personally at SCI Head Office on 20.05.2024.
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8. The appellant was issued with a medical certificate for service at sea for a duration with effect from 22.05.2024 to 21.05.2025 where the Medical Board found the appellant fit for service at sea. Accordingly, the appellant personally went to join the vessel on 28.05.2024. However, he was not allowed to join the vessel. Being aggrieved, the writ petition was filed.
9. Learned counsel for the appellant submitted that the learned Single Judge dismissed the writ petition on the ground that the appellant remained unauthorisedly absent for more than twelve months without any application or information. The appellant had approached this Court several times; however, he cannot take his services for granted. He had approached the respondents to take him back after 3½ years. Learned Single Judge came to the conclusion that the appellant has abandoned the services by his conduct of remaining unauthorisedly absent for more than 3½ years. Therefore, the learned Single Judge, holding that the court cannot come to the rescue of the person who does not take his job and service seriously and abandons the same without any reasonable cause, dismissed the writ petition.
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In view of the aforesaid, the judgment passed by the learned Single Judge deserves to be set aside and the writ appeal to be allowed.
10. Learned Standing Counsel for the respondents vehemently opposed the prayer and submitted that the appellant did not submit medical certificates on the basis of which the period of absence could have been regularised. In the absence of regularisation of the period of absence, the prayer to take back his services on the vessel cannot be countenanced. Learned Single Judge was right in dismissing the writ petition and the writ appeal deserves to be dismissed.
11. Heard both sides and perused the records.
12. On perusal of Ext.P15 e-mail notice dated 10.05.2024, it can be seen that the management has directed the appellant to report to SCI Head Office for joining the vessel. The said notice is termed as "notice of reporting for joining the vessel", meaning thereby the period of absence has been regularised and thereafter only the appellant has been requested to join the vessel. The appellant was present on 28.05.2024 for joining the vessel.
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However, the respondents, in colourable exercise of powers, did not permit the appellant to join the vessel. Initially, the notice of reporting for joining the vessel was issued on 11.12.2023 (Ext.P10) with certain conditions. Thereafter, while sending another notice of reporting for joining the vessel dated 10.05.2024 (Ext.P15) which is almost after five months from the earlier notice, no such conditions have been prescribed or no such conclusions have been arrived at by the respondents that the appellant has not completed the formalities like submission of medical certificates etc. The said notice for joining the vessel itself indicates that the period of absence has been regularised. Even the respondents are unable to show any termination order issued terminating the services of the appellant.
13. In view of the mandatory direction issued by the respondents as per Ext.P15, to join the vessel, the order passed by the learned Single Judge cannot be allowed to sustain. Accordingly, the same is hereby quashed.
The appellant is directed to report to SCI Head Office for joining the vessel, after fixing a date with the respondents for the 2025:KER:42372 W.A No.1095 of 2025 10 purpose. However, it is made clear that since the appellant did not work during the period of absence or till date, he would not be entitled for any salary or backwages based on the principle " No work, No pay". However, the respondents shall pay the salary regularly to the appellant after joining, as per rules.
The writ appeal is allowed as above. No order as to costs.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M
JUDGE
smp
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APPENDIX OF WA 1095/2025
PETITIONER ANNEXURES
Annexure-A A TRUE COPY OF THE LEAVE APPLICATION DATED
18.09.2020, IN THE PRESCRIBED FORMAT ALONG WITH THE COVERING LETTER AND ALSO THE TRACK CONSIGNMENT RECORD OF THE DEPARTMENT OF POSTS Annexure-B A TRUE COPY OF THE CERTIFICATE NO.IMEI/KO/OT/1424 DATED 08.11.2017 ISSUED BY THE COMPETENT AUTHORITY OF THE MERCANTILE MARINE DEPARTMENT.
Annexure-C A TRUE COPY OF THE CERTIFICATE OF COMPETENCY AS PER A CERTIFICATE NO.DCE01KOC23002310 DATED 17.10.2023, ISSUED BY THE MERCANTILE MARINE DEPARTMENT, KOCHI .
Annexure-D A TRUE COPY OF THE CERTIFICATE OF PROFICIENCY IN PERSONAL SURVIVAL TECHNIQUES, FIRE PREVENTION & FIRE FIGHTING, ELEMENTARY FIRST AID AND PERSONAL SAFETY AND SOCIAL RESPONSIBILITIES, ISSUED BY THE ALBERT'S MARITIME INSTITUTE.