Binu M vs The Kerala State Coir Corporation ...
2021 Latest Caselaw 21071 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                         W.P.(C) NO.22245 OF 2020
PETITIONER:

              BINU M.,
              AGED 43 YEARS, S/O.ANIRUDHAN,
              ANIRUDH BHAVANAM,
              CHAVARA BPO, CHAVARA VILLAGE,
              KOLLAM DISTRICT, PIN-691 583.

              BY ADV R.SANTHOSH BABU



RESPONDENTS:

     1        THE KERALA STATE COIR CORPORATION LTD.
              REPRESENTED BY THE MANAGING DIRECTOR,
              P.B.NO.191, VAZHICHERRY WARD,
              ALAPPUZHA DISTRICT, PIN-688 001, KERALA.

     2        THE MANAGING DIRECTOR,
              THE KERALA STATE COIR CORPORATION LTD.,
              P.B.NO.191, VAZHICHERRY WARD,
              ALAPPUZHA DISTRICT, PIN-688 001, KERALA.

     3        THE PERSONAL MANAGER,
              THE KERALA STATE COIR CORPORATION LTD.,
              P.B.NO.191, VAZHICHERRY WARD,
              ALAPPUZHA DISTRICT, PIN-688 001, KERALA.

     4        THE FACTORY MANAGER,
              THE KERALA STATE COIR CORPORATION LTD.,
              ADOOR DIVISON, ADOOR-689 642.

              BY ADV SRI.P.C.SASIDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO.22245 OF 2020
                                       -2-

                                JUDGMENT

The writ petitioner was appointed as a plant worker by Ext.P1

order dated 09.08.2017 by the 1st respondent, after undergoing a

written test and interview. He joined the duty on 10.08.2017. He

was put on probation and was paid a consolidated pay, as per the

contract of employment. While so, Ext.P6 show-cause notice dated

14.07.2020 was issued to him. It was alleged that the petitioner

was chronic absentee, without permission and without submitting

requisite documents. He was reminded by Ext.P6 that he had

undertaken that in case of unauthorised absence, he could be

terminated from service. Accordingly, he was called upon to show-

cause as to why he shall not be terminated from service. He was

directed to submit a reply within a week from the date of service of

notice. He seems to have submitted Ext.P7 reply dated

04.08.2020, much after the time limit prescribed in Ext.P6. He

contended that while he was working in Adoor Division, he was

bitten by a poisonous creature and was laid up with allergy.

Thereafter, he met with an accident. He could not produce the

medical certificate, since the area was declared as containment

zone. Along with Ext.P7, a medical certificate referring to his W.P.(C) NO.22245 OF 2020

ailment of allergy was also enclosed.

2. By Ext.P8 communication dated 24.09.2020, the

petitioner was terminated from service. An appeal was preferred

against the termination, which was also dismissed. Aggrieved by

the termination, the petitioner has approached this Court.

3. Heard the learned counsel for the petitioner and the

learned counsel for the respondents.

4. After joining the duty, the petitioner claims to have

undergone a surgery for 'Hernia' and was on leave from

20.09.2018 to 01.01.2019. However, absolutely no medical

certificate is forthcoming. Thereafter, the petitioner claims that he

was bitten by a poisonous creature on 01.06.2019 and he had to

consult a doctor. He was absent from duty till 25.10.2019. Ext.P3

is the medical certificate. The medical certificate only shows that

he was suffering from allergy and had undergone treatment under

the doctor. He was advised change of job, to non-allergic situation

for continuation of the job. The above certificate is dated

22.10.2019. There is absolutely no reference that the petitioner

was under treatment as an inpatient, or that he was advised to

take medical rest during the above period. In short, apart from the W.P.(C) NO.22245 OF 2020

certificate indicating that he was allergic and had availed treatment

under the above doctor, there is absolutely nothing to indicate that

his treatment, if any required his absence from duty, during the

relevant period.

5. The petitioner thereafter was absent from 20.02.2020 to

01.03.2020. He claims that he had met with an accident. Ext.P4 is

the medical certificate produced by the petitioner to support his

claim of accident. It is only a chit issued from the casualty dated

20.02.2020, issued to the petitioner referring to certain medicines.

It does not indicate that the petitioner had sustained any serious

injury, much less any injury at all. In other words, there is

absolutely no material to show that he had ever sustained any

accident or that he had undergone any inpatient treatment in

relation to this accident. There is absolutely nothing to show that

he was advised medical rest for 10 days.

6. It is seen that an enquiry was conducted wherein it was

brought on record that from April 2018 to April 2019, for a period

of one year, out of 309 working days, the petitioner absented

himself for 202 days. A show-cause notice was issued to him on

13.05.2019 to which on 14.05.2019 a reply was filed, but no W.P.(C) NO.22245 OF 2020

convincing explanation was offered.

7. In the light of the above materials, it is clear that the

termination was after giving every opportunity to the petitioner to

explain his conduct. In the above circumstances, the petitioner

cannot be heard to contend that he was not given an opportunity

of being heard. The action of the management is supported by the

materials on record. The conduct of the petitioner throughout

indicates that he has no valid explanation for the long spells of

absence from duty, which, in the above circumstances, can only be

treated as absence without any reason.

Having considered the entire facts, the conclusion arrived at

by the management that the petitioner had absented himself

without any reasonable cause and without permission does not call

for any interference. I find no merit in the writ petition, which is

accordingly dismissed.

Sd/-

SUNIL THOMAS JUDGE bpr W.P.(C) NO.22245 OF 2020

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 09.08.2017.

EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE RANK LIST PUBLISHED BY THE RESPONDENT CORPORATION.

EXHIBIT P3 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 22.10.2019 ISSUED BY DR.BABU THOMAS CHEST AND SKIN ALLERGY CENTRE, MENATH JUNCTION, KOLLAM ALONG WITH AQUEOUS ALLERGEN PRICK TEST REPORT DATED 01.06.2019 ISSUED BY CHEST AND SKIN DIAGNOSTIC AND RESEARCH CENTRE, KOLLAM.

EXHIBIT P4 A TRUE COPY OF THE MEDICAL RECORDS DATED 20.02.2020, 21.02.2020 ISSUED FROM THE TALUK HOSPITAL, NEENDAKARA.

EXHIBIT P5 A TRUE COPIES OF THE SHOW CAUSE NOTICE DATED 17.03.2020 BY THE R4.

EXHIBIT P6 A TRUE COPIES OF THE COMMUNICATION BY THE R3 DATED 14.07.2020.

EXHIBIT P7 A TRUE COPY OF THE REPLY ALONG WITH RECORDS DATED 04.08.2020 BY THE PETITIONER.

EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION DATED 24.09.2020 BY THE R3.

EXHIBIT P9 TRUE COPY OF THE APPEAL/REPRESENTATION DATED 30.09.2020 SUBMITTED BEFORE R2 BY THE PETITIONER.