Mayakumary N.B vs Supplyco
2021 Latest Caselaw 14433 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                          WP(C) NO. 6233 OF 2021
PETITIONER:

              MAYAKUMARY N.B.
              AGED 38 YEARS
              W/O. RATHEESH, RESIDING AT KONNAKKAD, KONNAKKAD P.O.
              VELLARIKUNDU TALUK, KASARAGOD DISTRICT.

              BY ADVS.
              T.MADHU
              SMT.C.R.SARADAMANI
              SRI.SHAHID AZEEZ
              SMT.CHANDRALEKHA SANU



RESPONDENTS:

     1        SUPPLYCO
              MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,KOCHI 682 020,
              REPRESENTED BY ITS MANAGING DIRECTOR.

     2        THE REGIONAL MANAGER,
              SUPPLYCO, REGIONAL OFFICE, JAIL ROAD, KOZHIKODE 673 004.

     3        THE DEPOT MANAGER,
              SUPPLYCO, HOSDURG DEPOT, KANHANGAD P.O. KASARAGOD
              DISTRICT 671 315.

              BY ADV SMT.MOLLY JACOB,SC,SUPPLYCO




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6233 OF 2021

                                     2


                               JUDGMENT

This writ petition is filed seeking the following prayers:-

(i) Issue a writ of certiorari and quash the Exhibit P5 order dated 08.02.2021 issued by the second respondent, so as to secure the ends of justice.

(ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the Second respondent to allow the petitioner to continue in service as daily wage worker under the respondents 1 and 2, so as to secure the ends of justice.

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent

Corporation.

3. It is submitted that the petitioner's service as a daily

wage worker in the Hosdurg Depot of the Civil Supplies

Corporation had been terminated by Ext.P5 order dated

08.02.2021. It is submitted by the learned counsel for the

petitioner that the mandatory requirements of hearing and

consideration of the petitioner's contentions had not been

complied with. The petitioner had, therefore, approached the

1st respondent with Ext.P6 appeal as against Ext.P5 order of

termination. The learned counsel for the petitioner submits that WP(C) NO. 6233 OF 2021

the representation submitted by the petitioner is liable to be

considered in accordance with law.

4. The learned Standing Counsel for the respondents

submits that the allegations against the petitioner were serious

in nature. However, since Ext.P6 representation has been

submitted by petitioner before the 1 st respondent, the same will

be considered and orders passed in accordance with law.

5. Having heard the learned counsel on either side,

there will be a direction to the 1st respondent to take up,

consider and pass orders on Ext.P6 representation preferred by

the petitioner with notice to the petitioner and after hearing her

through any appropriate means including video conferencing

within two months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/13.07.2021 WP(C) NO. 6233 OF 2021

APPENDIX OF WP(C) 6233/2021

PETITIONER ANNEXURE

EXHIBIT P1 THE TRUE COPY OF THE LETTER DATED 30/12/2020 ISSUED BY THE VIGILANCE OFFICER.

EXHIBIT P2 THE TRUE COPY OF THE PROCEEDINGS DATED 30/12/2020 OF THE THIRD RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE NOTICE DATED 1/1/2021 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE REPLY DATED 12/1/2021 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE PROCEEDINGS DATED 8/2/2021 OF THE SECOND RESPONDENT.