K.P.Sahadevan vs The Plantation Corporation Of ...
2021 Latest Caselaw 13197 Ker

WP(C) NO. 11182 OF 2021

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                          WP(C) NO. 11182 OF 2021
PETITIONERS:

     1       K.P.SAHADEVAN
             AGED 53 YEARS
             S/O.KUNJOONJU, TAPPING WORKER, KODUMON ESTATE,
             THE PLANTATION CORPORATION OF KERALA LIMITED,
             PATHANAMTHITTA DISTRICT, RESIDING AT MALAKKARA HOUSE,
             NEDUMANKAVU P.O., PIN 689 693

     2       USHAKUMARI G.
             AGED 48 YEARS
             W/O.RADHAKRISHNAN, TAPPING WORKER, KODUMON ESTATE,
             THE PLANTATION CORPORATION OF KERALA LIMITED,
             PATHANAMTHITTA DISTRICT, RESIDING AT ARCHANA VILASAM,
             ELAMANNOOR P.O., POOTHAMKARA,
             PATHANAMTHITTA DIST. PIN 691 524.

             BY ADVS.
             BIJU.P.N.
             SMT.K.S.KARUNAMOL
RESPONDENTS:

     1       THE PLANTATION CORPORATION OF KERALA LIMITED
             MUTTAMBALAM P.O., KOTTAYAM 686 004,
             REP. BY ITS MANAGING DIRECTOR.

     2       THE MANAGER
             THE PLANTATION CORPORATION OF KERALA LIMITED,
             KODUMON GROUP ESTATES, PATHANAMTHITTA DIST. PIN 689 693.

             BY ADV N.RAJESH


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11182 OF 2021

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                                    JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) call for the records leading to Ext.P9 and P10 and quash the same to the extent it is ordered to proceed with the disciplinary action and transferring the applicant to other distant divisions by issuing a writ of certiorari.

(ii) issue a writ order or direction commanding the respondents to retain the petitioners in Division No.D itself and allow them to continue to work in Divion No.D.

(iii) Issue a writ order or direction commanding the 1 st respondent to consider and take appropriate decision on Exhibit P13 and P14 forthwith;"

2. Heard the learned counsel for the petitioners and the learned standing

counsel appearing for the respondents.

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

petitioners are tapping workers under the 1 st respondent Corporation. They

had been issued with show-cause notices on 19.02.2021 and had been placed

under suspension on 10.03.2021. The petitioners had submitted their

explanations to the show-cause notices issued to them and they had been

reinstated in service thereafter. However, the contention of the petitioners is

that the reinstatement is in different divisions and that there is absolutely no

reason for not reinstating them in the divisions where they were working at

the time of the suspension.

WP(C) NO. 11182 OF 2021

4. A statement has been placed on record by the respondents. It is stated

that the challenge raised in the writ petition is essentially to Exts.P9 and P10

orders to the extent the petitioners has been reinstated in different divisions.

It is submitted that disciplinary proceedings are still pending and that once

the proceedings are concluded and if the petitioners are found not guilty in

the proceedings, they will be reinstated to the divisions where they were

initially working. It is further stated that steps are already initiated to

complete the procedures in a speedy manner.

5. Having considered the contentions advanced on either side, since the

disciplinary proceedings against the petitioners are pending and are being

pursued, I am of the opinion that the prayers sought for in this writ petition

for reinstatement in the same division at this stage may not be justified.

However, it is made clear that the disciplinary proceedings shall be

concluded without further delay and if the petitioners are found not guilty in

the proceedings, they will be reinstated to their original divisions where they

were working.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 11182 OF 2021

APPENDIX OF WP(C) 11182/2021

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF SHOW CAUSE NOTICE DATED 19.2.2021 ISSUED TO THE 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF SHOW CAUSE NOTICE DATED 19.2.2021 ISSUED TO THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE ORDER OF SUSPENSION DATED 10.3.2021 ISSUED TO THE 1ST PETITIONER.

EXHIBIT P4 TRUE COPY OF THE ORDER OF SUSPENSION DATED 10.3.2021 ISSUED TO THE 2ND PETITIONER.

EXHIBIT P5 TRUE COPY OF THE DETAILED EXPLANATIONS SUBMITTED BY THE 1ST PETITIONER DATED 22.3.2021

EXHIBIT P6 TRUE COPY OF THE DETAILED EXPLANATIONS SUBMITTED BY THE 2ND PETITIONER DATED 22.3.2021

EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF THE BYELAW/STANDING ORDERS FOR WORKERS OF THE 1ST RESPONDENT CORPORATION.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 8.4.2021 IN W.P.(C) NO.8088/2021

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 26.4.2021 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 26.4.2021 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE TREATMENT CERTIFICATE DATED 9.4.2021 ISSUED BY THE ASSISTANT SURGEON OF THE GENERAL HOSPITAL, ADOOR TO THE 1ST PETITIONER.

EXHIBIT P12 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED TO THE 2ND PETITIONER BY THE MEDITRINA HOSPITAL, KOLLAM WP(C) NO. 11182 OF 2021

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 29.4.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 28.4.2021 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 6.4.2018 ISSUED TO THE SRI.LALU.

EXHIBIT P16 TRUE COPY OF THE ORDER DATED 21.4.2018 RE-

INSTATING HIM IN THE SAME DIVISION ITSELF.

EXHIBIT P17 TRUE COPY OF THE INTERIM ORDER DATED 9.3.2021 IN W.P.(C). NO.3753/2021.

RESPONDENT'S/S EXHIBITS: NIL