Jaimon T.J vs Plantation Corporation Of Kerala ...
2021 Latest Caselaw 5700 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                   WP(C).No.3532 OF 2021(N)

PETITIONERS :-

      1   JAIMON T.J, AGED 37 YEARS, S/O.JOY,
          EX-PERMANENT WORKER (P.F. NO.1118), PERAMBRA ESTATE,
          PLANTATION CORPORATION OF KERALA LTD.,
          RESIDING AT THAYYIL HOUSE, MUTHUKAD P.O.,
          PERUVANNAMUZHI, KOYILANDI TALUK,
          KOZHIKODE DISTRICT, PIN - 673 528.

      2   BINU P.K., AGED 39 YEARS, S/O.KUNJIKANNAN,
          EX-PERMANENT WORKER (P.F. NO.997), PERAMBRA ESTATE,
          PLANTATION CORPORATION OF KERALA LTD.,
          RESIDING AT PARAKKAMEETHAL HOUSE, MUTHUKAD P.O.,
          PERUVANNAMUZHI, KOYILANDI TALUK,
          KOZHIKODE DISTRICT, PIN - 673 528.

          BY ADVS.
          SRI.SANTHARAM.P
          SMT.REKHA ARAVIND
          SRI.PAUL P. ABRAHAM
          SRI.P.G.GOKULNATH

RESPONDENTS :-

      1   PLANTATION CORPORATION OF KERALA LTD.,
          REGISTERED OFFICE, MUTTAM, KOTTAYAM - 686 001,
          REPRESENTED BY ITS MANAGING DIRECTOR.

      2   GENERAL MANAGER,
          PLANTATION CORPORATION OF KERALA LTD.,
          REGISTERED OFFICE, MUTTAM, KOTTAYAM - 686 001.

      3   THE MANAGER,
          PERAMBRA ESTATE,
          PLANTATION CORPORATION OF KERALA LTD.,
          MUTHUKAD P.O., VIA PERUVANNAMUZHI,
          KOZHIKODE - 673 528.

          BY ADV. SRI.N.RAJESH, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.3532 OF 2021(N)

                                      -: 2 :-


                                  JUDGMENT

Dated this the 17th day of February, 2021

This writ petition is filed seeking the following reliefs :-

"1. Call for the records leading to the issuance of Exhibit P17 and P18 orders dated 11.12.2020 removing the petitioners from service and quash the same by issuing a Writ of Certiorari.

2. Issue a Writ of Mandamus or other appropriate writ, order or reimburse the petitioners for the wages since suspension."

2. Heard the learned counsel for the petitioners and the

learned Standing Counsel appearing for the Plantation Corporation.

3. It is submitted by the learned counsel for the petitioners

that the appeals preferred by the petitioners in accordance with the

standing orders of the Corporation have been dismissed by Exts.P17

and P18 orders of the Managing Director of the Corporation. It is

submitted that Exts.P17 and P18 are not speaking orders and that

they have been passed referring to and relying on a communication

dated 5.11.2020 received from the Range Forest Officer,

Peruvannamuzhi which was not put to the petitioners. It is submitted

by the learned counsel for the petitioners that the specific contentions

in the appeals have not been considered. It is further submitted that

no personal hearing was also given to the petitioners before passing

the orders as stated above.

4. Having heard the learned Standing Counsel also, I am of

the opinion that since what was filed before the respondents were WP(C).No.3532 OF 2021(N)

appeals as provided in the standing orders, the same required to be

considered and the specific contentions raised by the petitioners

ought to have been adverted to and considered before orders were

passed on the appeals. In the above view of the matter, Exts.P17 and

P18 which are not speaking orders and which do not disclose the

application of mind by the author of the same do not do duty for

appellate orders as has been directed to be passed.

In the result, Exts.P17 and P18 are set aside. There will be

a direction to the respondents to hear the petitioners and to pass

appropriate orders on the appeals preferred by the petitioners, taking

note of their contentions. The hearing as directed can be conducted

through any appropriate means including through video conferencing.

Orders shall be passed within a period of six weeks from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/22.2.2021 WP(C).No.3532 OF 2021(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE SUSPENSION ORDER ISSUED TO THE 1ST PETITIONER DATED 23.03.2020.

EXHIBIT P2 A TRUE COPY OF THE SUSPENSION ORDER ISSUED TO THE 2ND PETITIONER DATED 23.03.2020.

EXHIBIT P2(a) LEGIBLE COPY OF EXHIBIT P2.

EXHIBIT P3 TRUE COPY OF THE ORDER OF HON'BLE HIGH COURT OF KERALA DATED 06.05.2020 IN B.A.2446/2020 (BA TMP NO.103 OF 2020).

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 08.05.2020.

EXHIBIT P5 TRUE COPY OF THE LETTER BY THE 2ND PETITIONER DATED 28.05.2020.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION BY 1ST PETITIONER TO THE MANAGING DIRECTOR DATED 30.05.2020.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION BY 2ND PETITIONER TO THE MANAGING DIRECTOR DATED 30.05.2020.

EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 17.06.2020 BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT INFORMING HIM OF THE DISMISSAL FROM SERVICE.

EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 17.06.2020 BY THE 3RD RESPONDENT TO THE 2ND PETITIONER INFORMING HIM OF THE DISMISSAL FROM SERVICE.

EXHIBIT P10 TRUE COPY OF THE ORDER OF MANAGER, (P & A) DATED 17.06.2020.

EXHIBIT P10(a) A LEGIBLE COPY OF EXHIBIT P10.

EXHIBIT P11 TRUE COPY OF THE APPEAL FILED BY THE 1ST PETITIONER DATED 28.07.2020.

EXHIBIT P12 TRUE COPY OF THE APPEAL FILED BY THE 2ND PETITIONER DATED 28.07.2020.

EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 10.08.2020 IN WP(C) 16244/2020.

EXHIBIT P14 TRUE COPY OF THE STATEMENT FILED BY THE 2ND PETITIONER DATED 26.09.2020.

WP(C).No.3532 OF 2021(N)

EXHIBIT P15 TRUE COPY OF THE NOTICE DATED 25.11.2020.

EXHIBIT P16 TRUE COPY OF THE REPLY DATED 15.12.2020 BY THE 1ST RESPONDENT.

EXHIBIT P17 TRUE COPY OF THE ORDER DATED 11.12.2020 DISMISSING THE 1ST PETITIONER'S APPEAL

EXHIBIT P18 TRUE COPY OF THE ORDER DATED 21.12.2020 DISMISSING THE 2ND PETITIONER'S APPEAL.

//TRUE COPY//

P.A. TO JUDGE