Mahendran T vs Fertilizers And Chemicals Of ...
2021 Latest Caselaw 486 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                      WP(C).No.28872 OF 2020(H)

PETITIONER:
              MAHENDRAN T.,
              TECHNICIAN CUM CRAFTSMAN, ELECTRICAL PD (UNDER ORDER
              OF DISMISSAL), FACT TOWNSHIP, UDYOGAMANDAL-683501,
              AGED 57 YEARS, S/O.THANGARAJ, AMRUTHUVIHAR
              P.R.R.A.H.NO.311, PARAPALILIL ROAD, THIRUVANKULAM
              P.O. -682305.
              BY ADVS.
              SRI.KALEESWARAM RAJ
              SRI.VARUN C.VIJAY
              KUM.A.ARUNA

RESPONDENTS:
       1     FERTILIZERS AND CHEMICALS OF TRAVANCORE LTD.,
             (GOVERNMENT OF INDIA ENTERPRISE), REPRESENTED BY THE
             CHAIRMAN AND MANAGING DIRECTOR, UDYOGAMANDAL, KOCHI-
             683501.

      2       CHAIRMAN AND MANAGING DIRECTOR,
              FERTILIZERS AND CHEMICALS OF TRAVANCORE LTD.,
              CORPORATE OFFICE, UDYOGAMANDAL, KOCHI-683501.

      3       BOARD OF DIRECTOR,
              REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR,
              FERTILIZERS AND CHEMICALS OF TRAVANCORE LTD.,
              CORPORATE OFFICE, UDYOGAMANDAL, KOCHI-683501.

      4       GENERAL MANAGER (HR AND ADMINISTRATION),
              FERTILIZERS AND CHEMICALS OF TRAVANCORE LTD.,
              CORPORATE OFFICE, UDYOGAMANDAL, KOCHI-683501.

      5       DEPUTY GENERAL MANAGER (MAINT) UC AND DISCIPLINARY
              AUTHORITY, FERTILIZERS AND CHEMICALS OF TRAVANCORE
              LTD., CORPORATE OFFICE, UDYOGAMANDAL, KOCHI-683501.

      6       SIVA PRASAD T.B.,
              ADVOCATE, (ENQUIRY OFFICER), NO.50/447A, EDAPALLY
              P.O., KOCHI-682024.

OTHER PRESENT:
             SC-FACT-SRI.M.GOPIKRISHNAN NAMBIAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28872 OF 2020

                                   2

                          JUDGMENT

This writ petition is filed seeking the following prayers:-

"(i) To issue a writ of certiorari quashing Exhibits P3, P6- P9, P13, P14 and P16 issued to the petitioner as unjust, illegal and arbitrary.

(ii) To declare that the petitioner is innocent and is entitled to be exonerated from all the charges under Exhibits P3, P6-P9, P13, P14 and P16 and the same is liable to be set aside.

(iii) To declare that the petitioner is innocent and he is entitled to be reinstated in service with effect from 10.02.2015, the date of suspension, with all service benefits including salary and arrears.

(iv) To issue a writ of mandamus directing the respondents to reinstate the petitioner as Technical cum Craftsman in Electrical PD with effect from 10.02.2015, the date of suspension, with all service benefits including salary and arrears.

(v) To issue a writ of mandamus directing the 3 rd respondent to consider and pass orders on Exhibit P20 representation submitted by the petitioner in the light of the Exhibit P17 recommendation issued by the National Scheduled Caste commission on humanitarian grounds after affording an opportunity of hearing to the petitioner.

WP(C).No.28872 OF 2020

2. Heard the learned counsel for the petitioner and

the learned Standing Counsel appearing for the

respondents.

3. It is submitted by the learned counsel for the

petitioner that Ext.P20 representation seeking a

reinstatement has been submitted before the Board of

Directors of the 1st respondent Company.

4. Without expressing any view on the merits of the

matter, there will be a direction to the 1 st respondent to

consider and pass appropriate orders on Ext.P20

representation preferred by the petitioner within a period of

three months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE Bng/07.01.2021 WP(C).No.28872 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 26.6.2015 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE OFFICE MEMORANDUM VIDE G.NO.11012/04/2016-ESTT.(A) DATED 23.8.2016.

EXHIBIT P3 TRUE COPY OF THE CHARGE SHEET NO.DGM(MAINT)UC-13A-747 DATED 21.7.2015.

EXHIBIT P4 TRUE COPY OF THE CERTIFIED STANDING ORDERS FOR THE WORKMEN OF THE FERTILIZERS AND CHEMICALS, TRAVANCORE LTD., PETROCHEMICAL DIVISION.

EXHIBIT P5 TRUE COPY OF THE REPLY TO THE CHARGE SHEET DATED 29.7.2015.

EXHIBIT P6 TRUE COPY OF THE ENQUIRY REPORT NO.DGM(MAINT)-UC-13A-751 DATED 10.8.2015.

EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS OF THE PRELIMINARY HEARING DATED 12.10.2015.

EXHIBIT P8 TRUE COPY OF THE ENQUIRY REPORT DATED 19.10.2015.

EXHIBIT P9 TRUE COPY OF THE ORDER NO.DGM(UC)-D.1-

018 DATED 2.3.2016.

EXHIBIT P10 TRUE COPY OF THE APPEAL DATED 31.3.2016 SUBMITTED BY THE PETITIONER

EXHIBIT P11 TRUE COPY OF THE MEMORANDUM DATED 3.7.2016.

EXHIBIT P12 TRUE COPY OF LETTER NO.FACT-SC&STEWF-

036-2016 DATED 5.12.2016.

WP(C).No.28872 OF 2020

EXHIBIT P13 TRUE COPY OF LETTER NO.GM(HR&A)-CO-233 DATED 28.8.2017.

EXHIBIT P14 TRUE COPY OF ORDER NO.CMD-CO-60 DATED 7.9.2017.

EXHIBIT P15 TRUE COPY OF THE REVIEW PETITION DATED 16.9.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE ORDER NO.GM(HR)-CO-

095, DATED 11.4.2018.

EXHIBIT P17 TRUE COPY OF THE FILE NO.KL/12/10/2017 DATED 27.7.2018.

EXHIBIT P18 TRUE COPY OF THE LETTER DATED 14.5.2019.

EXHIBIT P19 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE NATIONAL HUMAN RIGHTS COMMISSION DATED 14.10.2019.

EXHIBIT P20 TRUE COPY OF THE REPRESENTATION DATED 18.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH A COVERING LETTER DATED 18.12.2020 TO THE 2ND RESPONDENT.