Omanakuttan Pillai vs Regional Labour Commissioner ...
2021 Latest Caselaw 6611 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                       WP(C).No.4857 OF 2021(F)


PETITIONERS:

      1        OMANAKUTTAN PILLAI
               AGED 51 YEARS
               AISWARYA,MANNADI.P.O,
               PATHANAMTHITTA DIST.,KERALA.

      2        VINU.S,
               S/O.SIVASANKARA PILLAI,KESAVA VILASOM,
               KUZHIYUM,CHEMMAKKADU.P.O, KOLLAM.

      3        SAJEEV.T.R,
               S/O.THANKAPPAN,T.R.BHAVAN,POLACHIRA.P.O,
               SOUTH PARAVOOR,KOLLAM.

               BY ADV. SRI.MURALI MADANTHACODU

RESPONDENTS:

      1        REGIONAL LABOUR COMMISSIONER (CENTRAL)
               UPPALAM ROAD,PALAYAM,
               THIRUVANANTHAPURAM KERALA-695035.

      2        ESI HOSPITAL,CHEERANCAVU,
               EZHUKONE,REPRESENTED BY THE MEDICAL
               SUPERINTENDANT,EZHUKONE,KOLLAM-691505.

      3        THAZHAPPILLIL DEVASIA THOMAS SECURITY AGENCY,
               REPRESENTED BYTHE PROPRIETOR SRI.T.D.THOMAS,DOOR
               NO.60/479-C,KOITHARA COMPLEX,2ND FLOOR,KOITHAR
               ROAD,SOUTH PANAMPALLY NAGAR,ERNAKULAM,KERALA-682036.


OTHER PRESENT:

               SR2-SRI. T.V AJAYAKUMAR, ASGI- SRI. P.VIJAYAKUMAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4857 OF 2021(F)

                                      2

                               JUDGMENT

Dated this the 24th day of February 2021

Heard the learned counsel for the petitioners.

2. Following are the prayers made in this writ petition.

Issue a writ of mandamus or any other appropriate writ, order or direction to set aside Ext.P1, P2 and P3 termination orders of the 3rd respondent and to reinstate the petitioners with immediate effect.

Issue a writ of mandamus or any other appropriate writ, order or direction to the 2 nd and 3rd respondents to pay full wages and all other benefits, as if no termination notices had been given to the petitioners.

3. The learned counsel for the petitioners submits that

provisions of Section 25N of the Industrial Disputes Act are not

followed and three months mandatory notice has not been issued. He

further argued that the principles of natural justice are not followed

while passing the impugned order. Therefore, according to the learned

counsel for the petitioners, this is a fit case wherein, this Court should

exercise writ jurisdiction and quash the impugned orders.

4. I have considered the submissions so advanced.

5. The petitioner is challenging the communications at

Exts.P1, P2 and P3 alleging them to be the termination orders issued

by the 3rd respondent. They are also seeking re-instatement with

immediate effect.

WP(C).No.4857 OF 2021(F)

6. Perusal of the documents at Ext.P1, P2 and P3 shows that

those are orders terminating services of the petitioners. The

petitioners are terminated from service by their employer who appears

to be the 3rd respondent. The 3rd respondent is Thazhappillil Devasia

Thomas Security Agency. The 3rd respondent is not a State or its

authority. As such, the writ petition as framed and filed is not

maintainable.

The learned counsel for the petitioner submits that the 2 nd

respondent is the principal employer. However, services of the

petitioner are terminated not by the 2 nd respondent, but by the 3 rd

respondent for the reasons stated in the termination orders. The

petitioners are having alternate and most efficacious remedy under

the ID Act. Therefore, I do not feel it expedient to entertain the writ

petition. The petition is accordingly dismissed.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.4857 OF 2021(F)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TERMINATION ORDER OF THE 1ST PETITIONER DATED 05/02/2021.

EXHIBIT P2 TRUE COPY OF THE TERMINATION ORDER OF THE 2ND PETITIONER DATED 04/02/2021

EXHIBIT P3 TRUE COPY OF THE TERMINATION ORDER OF THE 3RD PETITIONER DATED 04/02/2021

EXHIBIT P4 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE 1ST PETITIONER DATED 02/01/2021

EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 2ND AND 3RD RESPONDENTS DATED 16/01/2021

EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 1ST RESPONDENT DATED 17/.02/2021

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 1ST RESPONDENT.