Unni T.B vs District Labour Officer (G)
2021 Latest Caselaw 21660 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                       WP(C) NO. 19483 OF 2020
PETITIONER:

          UNNI T.B.
          AGED 53 YEARS
          S/O BAHULEYAN,THALAPILLY HOUSE,
          CHERAYI.P.O,PALLIPURAM,ERNAKULAM-683514.
          BY ADVS.
          P.SANJAY
          SMT.A.PARVATHI MENON
          SRI.BIJU MEENATTOOR
          SRI.PAUL VARGHESE (PALLATH)
          SRI.P.A.MOHAMMED ASLAM
          SRI.KIRAN NARAYANAN
          SHRI.PRASOON SUNNY
          SHRI.RAHUL RAJ P.


RESPONDENTS:

    1     DISTRICT LABOUR OFFICER (G)
          ERNAKULAM,CIVIL STATION,KAKANAD,
          ERNAKULAM-682030.
    2     G4S SECURE SOLUTIONS(INDIA)PVT LTD,
          TOWER-A,UNITECH CYBER PARK,5TH FLOOR,
          SECTOR-GURGAON,HARYANA-122001.
    3     G4S SECURE SOLUTIONS(INDIA)PVT LTD,
          JAWAN CROSS ROAD,PONEKKARA,EDAPPALLY,
          KOCHI,KERALA-682024.
          BY ADVS.
          SRI.C.B.MUKUNDAN
          SRI.M.P.MATHEW (MALAYIL)


OTHER PRESENT:

          GP SABEENA P.ISMAIL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19483 OF 2020
                                     2



                   BECHU KURIAN THOMAS, J
                 ................................................
                W.P.(C) NO.19483 OF 2020
               ...........................................
          Dated this the 2nd day of November, 2021


                              JUDGMENT

The petitioner challenges his termination effected

by the 3rd respondent, in this proceeding under Article 226 of

the Constitution of India. The reliefs claimed for in the writ

petition are as follows:-

"1) Call for the records leading to Ext.P1 and Ext.P3 and peruse the same;

2) Declare that Ext.P5 termination letter issued by the 2nd respondent is illegal;

3) Issue of writ of mandamus directing the 1st respondent to consider the Ext.P1 and Ext.P3 complaint;

4) Issue such other writ, order or directions that this Hon'ble court may deem fit and proper to the circumstance of the case.

5) Award cost of this petition."

2. Third respondent is a private Company indulging

in security services. This Court in exercise of its powers

under Article 226 of the Constitution does not normally issue WP(C) NO. 19483 OF 2020

directions relating to termination or otherwise effected in

private companies. Remedies are available for the aggrieved

under private law and other statutes. Therefore, this writ

petition is only to be dismissed as regards relief Nos.1 and 2

are concerned.

3. Notwithstanding the above, pursuant to notice

issued to the 3rd respondent, the counsel for 3rd respondent

submits that, the said respondent is willing to settle the

matter and had in fact intimated the petitioner the aforesaid

fact, by Ext.P12 letter produced by the petitioner himself. On

a perusal of Ext.P12 letter dated 13/9/2021, it is seen that

the 3rd respondent has intimated that, they are willing to

settle the account of the petitioner, on condition that

petitioner submits a resignation letter. It is also stated that,

the directions from the Court are required to effect a final

settlement.

4. Be that as it may, petitioner has already

approached the District Labour Officer through Ext.P1 and

Ext.P3 and the same is pending consideration. If the 3 rd

respondent fails to settle the matter as agreed to in Ext.P12, WP(C) NO. 19483 OF 2020

then the 1st respondent is entitled and obliged under law to

proceed to consider Ext.P1 and Ext.P3 filed by the petitioner

in a time bound manner.

5. In view of the above, there will be a direction

to the 1st respondent to consider and initiate appropriate

steps in accordance with law pursuant to Ext.P1 and Ext.P3,

if the 3rd respondent fails to settle the matter within a period

of 30 days from today. If the 3rd respondent fails to settle

the matter as agreed to, the petitioner shall intimate the

same in writing to the 1st respondent along with a copy of

this judgment and thereafter, the 1st respondent shall initiate

appropriate proceedings as directed above in a time bound

manner.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 19483 OF 2020

APPENDIX OF WP(C) 19483/2020 PETITIONER'S EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE PETITIONER'S COMPLAINT TO THE 1ST RESPONDENT DATED 08.06.2020.

EXHIBIT P2 TRUE COPY OF THE LETTER FROM THE 2ND RESPONDENT DATED 09.06.2020.

EXHIBIT P3 TRUE COPY OF THE PETITIONER'S COMPLAINT TO THE 1ST RESPONDENT DATED 06.07.2020.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.COCGRD/102308/1 DATED 30.06.2020.

EXHIBIT P5 TRUE COPY OF THE PETITIONER'S REPLY TO THE 2ND RESPONDENT DATED 14.08.2020.

EXHIBIT P6 TRUE COPY OF THE TERMINATION LETTER NO.COCGRD/102308/1 ISSUED BY THE 2ND RESPONDENT DATED 17.07.2020.

EXHIBIT P7 TRUE COPY OF THE LETTER TO THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKAND DATED 05.02.2021.

EXHIBIT P8 TRUE COPY OF THE ACKNOLEDGMENT DATED 6.2.2021.

Exhibit P9 TRUE COPY OF THE PETITIONER'S LETTER DATED 27/08/2021 THE 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE LETTER NO. B-2231/2021 FROM THE 1ST RESPONDENT DATED 01/09/2021 TO THE PETITIONER.

Exhibit P11 TRUE COPY OF THE PETITIONER'S LETTER DATED 15/09/2021 TO THE 1ST RESPONDENT.

Exhibit P12 TRUE COPY OF THE LETTER FROM THE 2ND RESPONDENT DATED 13/09/2021 FROM THE 3RD RESPONDENT.

RESPONDENT'S EXHIBITS : NIL

AJM                  //TRUE COPY//        PA TO JUDGE