Nishanth T.G vs The Union Of India
2021 Latest Caselaw 19395 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                        WP(C) NO. 38381 OF 2016
PETITIONER/S:

          NISHANTH T.G,
          AGED 39 YEARS,
          S/O T.D.JANARDHANAN,STAFF NO.1667, WORKING AS RAMP
          SERVICE AGENT,GROUND SERVICE DEPARTMENT (GSD)AIR INDIA
          AIR TRANSPORT SERVICES LTD (AIATSL)COCHIN INTERNATIONAL
          AIRPORT,RESIDING AT 'AMMA' THONNENKAVIL
          HOUSE,POOSARIPADY, NORTH PARAVUR PO, ERNAKULAM
          DISTRICT.683513.

          BY ADVS.
          SRI.C.S.AJITH PRAKASH
          SMT.V.C.ARCHANA
          SRI.T.K.DEVARAJAN
          SRI.PAUL C THOMAS



RESPONDENT/S:

    1     THE UNION OF INDIA
          REPRESENTED BY ITS SECRETARY,MINISTRY OF LABOUR &
          EMPLOYMENT,GOVERNMENT OF INDIA, SHRAM SHAKTI
          BHAWAN,RAFI MARG, NEW DELHI.PIN.110001.

    2     DIRECTORATE GENERAL OF CIVIL AVIATION (DGCA),
          AURBINDO MARG, OPP.SAFDARJUNG AIRPORT,NEW DELHI-110003.

    3     BUREAU OF CIVIL AVIATION SECURITY (BCAS)
          OFFICE OF THE REGIONAL DEPUTY COMMISSIONER OF SECURITY,
          CHENNAI REGION, CHENNAI.600027.

    4     AIR INDIA LTD
          AIRLINES HOUSE, 113, GURUDWARA RAKAB GUNJ ROAD,NEW
          DELHI.110001,REPRESENTED BY ITS MANAGING DIRECTOR.

    5     AIR INDIA CHARTERS LIMITED AICL
          AIR INDIA BUILDING, 21ST FLOOR, NARIMAN POINT,MUMBAI-
          400021, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

    6     M/S AIR INDIA AIR TRANSPORT SERVICES LTD AIATSL
          AIRLINES HOUSE-113, GURUDWARA RAKAB GUNJ ROAD,NEW
 WP(C) NO. 38381 OF 2016
                                 -2-

          DELHI.110001, REPRESENTED BY THE CHAIRMANAND MANAGING
          DIRECTOR.

    7     THE STATION MANAGER
          AIR INDIA LTD, COCHIN INTERNATIONAL
          AIRPORT,NEDUMBASSERY, ERNAKULAM DISTRICT.683111.

    8     CHIEF EXECUTIVE OFFICER CEO AIATSL
          AIR INDIA AIR TRANSPORT SERVICES LTD,FIRST FLOOR, GSD
          COMPLEX, WORKSHOP BUILDING,SAHAR, ANDHERI (EAST),
          MUMBAI.400099.

    9     THE AIRPORT MANAGER-AIR INDIA.
          NODAL OFFICER, AIATSL, IN CHARGE-AIATSL,AIR INDIA AIR
          TRANSPORT SERVICES LTD/AIR INDIA,AIR LINE OFFICE
          BUILDING, COCHIN INTERNATIONAL AIRPORT POST,
          NEDUMBASSERY, KOCHI.683111.

          BY ADVS.
          SMT.MINI R.MENON, ADDL.CGSC
          SRI.P.BENNY THOMAS
          SRI.M.GOPIKRISHNAN NAMBIAR
          SRI.P.GOPINATH
          SRI.K.JOHN MATHAI
          SRI.JOSON MANAVALAN
          SRI.KURYAN THOMAS




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 38381 OF 2016
                                        -3-



                                 JUDGMENT

Learned Counsel for the petitioner submits that the writ petitioner has

got employment in the Motor Vehicles Department, State of Kerala. In case

petitioner has got any surviving grievance, petitioner is at liberty to approach

the appropriate authorities for such reliefs.

Accordingly, the writ petition is dismissed as infructuous.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

uu 17.09.2021 WP(C) NO. 38381 OF 2016

APPENDIX OF WP(C) 38381/2016

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE DIPLOMA CERTIFICATE IN AUTOMOBILE ENGINEERING.

EXHIBIT P2 DRIVING LICENSE ISSUED BY THE MOTOR VEHICLE DEPARTMENT.

EXHIBIT P3 A TRUE COPY OF THE OFFICE ORDER DATED 3.10.2005 ISSUED BY THE TVS COMPANY.

EXHIBIT P4 A TRUE COPY OF THE INITIAL APPOINTMENT ORDER DATED 31.10.2007

EXHIBIT P5 A TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER DATED 25.6.2012.

EXHIBIT P6 A TRUE COPY OF THE INTERIM ORDER IN WPC 27989/2011 DATED 29.6.2012.

EXHIBIT P7 A TRUE COPY OF THE LAST FIXED TERM CONTRACT ENGAGEMENT COMMENCING FROM 21.11.2013 FOR PERIOD 3 YEARS.

EXHIBIT P8 A TRUE COPY OF THE INFORMATION OBTAINED UNDER RTI ACT DATED 5.8.2015.

EXHIBIT P9 THE DUTIES ENUMERATED FOR RAMP SERVICE AGENT PUBLISHED BY THE AIR INDIA AND OBTAINED AN RTI QUERY BY MR.HARIDAS J.DATED 09.10.2013.

EXHIBIT P10 A TRUE COPY OF THE OPERATING MANUAL OF AIR CRAFT EQUIPMENT OPERATOR ISSUED BY THE AIR INDIA.

EXHIBIT P11 A TRUE COPY OF THE STAFF NOTICE DATED 4.6.2014 ISSUED BY THE AIR INDIA..

EXHIBIT P12 A TRUE COPY OF THE REPLY GIVEN BY THE AIATSL DATED 19.7.2013 CONTAINING IN THE QUARRIES AND ANSWER.

EXHIBIT P13 A TRUE COPY OF THE GOVERNMENT NOTIFICATIONS WP(C) NO. 38381 OF 2016

DATED DEALING WITH THE GROUND HANDLING REGULATIONS PUBLISHED IN THE GAZETTE DATED 17.1.2000.

EXHIBIT P14 A TRUE COPY OF THE ONE SUCH TRI-PARTIE BINDING SETTLEMENT DATED 22.3.2013.

EXHIBIT P15 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE UNION NO.7.23/2011.

EXHIBIT P16 A TRUE COPY OF THE COVERING DATED 15.1.2015 AND THE LIST OF OFFICE BEARERS FORWARDED TO THE EMPLOYED.

EXHIBIT P17 A TRUE COPY OF THE ONE SUCH ID REFERENCE ORDER NO.L-11012/51/2015-IR (CM-1) DATED 15.2.2016.

EXHIBIT P18 A TRUE COPY OF THE SUMMONS ISSUED FROM THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT (CGIT)

EXHIBIT P19 A TRUE COPY OF THE ANOTHER REFERENCE ORDER BY THE 1ST RESPONDENT NO L-11012/49/2015/IR(CM-

1) DATED 11.2.2016.

EXHIBIT P20 A TRUE COPY OF THE FAILURE OF CONCILIATION REPORT.

EXHIBIT P21 A RUE COPY OF THE REFERENCE ORDER WITH NO.L-

11012/21/2014-IR(CM-1)

EXHIBIT P22 A TRUE COPY OF THE SAID LETTER NO.COK/AIATSL/1-11/096 DATED 29.6.2015.

EXHIBIT P23 A TRUE COPY OF THE REPRESENTATION DATED 30.6.2015 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF SECURITY OFFICER.

EXHIBIT P24 A TRUE COPY OF THE SAID ORDER NO.REF.AIATSL/1667/523 DATED 13.7.2015.

EXHIBIT P25 A TRUE COPY OF THE INTERIM ORDER DATED 16.7.2016 IN WPC NO.21571/2016.

EXHIBIT P26 A TRUE COPY OF THE SUSPENSION ORDER WP(C) NO. 38381 OF 2016

NO.AIATSL/COK/10-01/265 DATED 17.7.2015.

EXHIBIT P27 A TRUE COPY OF THE CHARGE SHEET DATED 24.7.2015 ISSUED BY AIATSL.

EXHIBIT P28 A TRUE COPY OF THE CCTV FOOTAGE OBTAINED FROM THE CAMERA AND PRODUCED IN THE ENQUIRY.

EXHIBIT P29 A TRUE COPY OF THE PROCEEDINGS OF ENQUIRY DATED 14.8.2015.

EXHIBIT P30 A TRUE COPY OF THE ENQUIRY PROCEEDINGS DATED 22.9.2015.

EXHIBIT P31 A TRUE COPY OF THE ENQUIRY PROCEEDINGS DATED 15.10.2015.

EXHIBIT P32 A TRUE COPY OF THE ORDER OF BCAS DATED 13.7.2015.

EXHIBIT P33 A TRUE COPY OF THE REQUEST FOR PAYMENT OF SUBSISTENCE ALLOWANCE DATED 30.11.2015.

EXHIBIT P34 A TRUE COPY OF THE INTERIM ORDER 10.12.2015 IN WPC 21571 OF 2015.

EXHIBIT P35 A TRUE COPY OF THE LETTER DATED 21.3.2015 REINSTATING THE PETITIONER.

EXHIBIT P36 A TRUE COPY OF THE REQUEST LETTER DATED 24.3.2016.

EXHIBIT P37 A TRUE COPY OF THE POLICE CLERANCE CERTIFICATE DATED 29.6.2016.

EXHIBIT P38 A TRUE COPY OF THE INTERIM ORDER IN WPC 21571/2015 DATED 27.10.2016.

EXHIBIT P39 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 43TH PETITIONER ON 2.11.2016.

EXHIBIT P40 A TRUE COPY OF THE RENEWAL ORDER DATED 16.6.2016.

EXHIBIT P41 A TRUE COPY OF THE TERMINATION ORDER ISSUED WP(C) NO. 38381 OF 2016

TO THE ALIMUTHU DATED 14.7.2016.

EXHIBIT P42 A TRUE COPY OF THE INTERIM ORDER IN WPC 23727 OF 2016 DATED 21.10.2016.

EXHIBIT P43 A TRUE COPY OF THE JUDGMENT DATED 15.11.2016 IN WA NO.2181/2016.

EXHIBIT P44 A TRUE COPY OF THE ORDER DATED 15.11.2016 IN COC 1933 OF 2016.

EXHIBIT P45 A TRUE COPY OF THE JUDGMENT IN WPC 29351 OF 2008 DATED 15.11.2016.

EXHIBIT P46 A TRUE COPY OF THE INTERIM ORDER DATED 18.11.2016 IN WPC 37068 OF 2016.

EXHIBIT P47 A TRUE COPY OF THE AEP DATED 10.11.2016.

EXHIBIT P48 A TRUE COPY OF THE LEAVE REQUEST DATED 14.11.2016.

EXHIBIT P49 A TRUE COPY OF THE REPRESENTATION SENT ON 23.11.2016.

EXHIBIT P50 A TRUE COPY OF THE ENVELOP DATED 25.11.2016.

EXHIBIT P51 A TRUE COPY OF THE FIXED TIME CONTRACT ENGAGEMENT WITH REFERENCE NO.AIATSL/COK/RSA- 1667 DATED 18.11.2016.

EXHIBIT P52 A TRUE COPY OF THE COVERING LETTER ISSUED BY THE AIR INDIA.

EXHIBIT P53 A TRUE COPY OF THE CONCESSION CERTIFICATE DATED 8.8.2011.

EXHIBIT P54 A TRUE COPY OF THE DISCHARGE SUMMARY.

EXHIBIT P55 A TRUE COPY OF THE SALARY SLIP FOR THE MONTH OF OCTOBER, 2016 ISSUED TO MR.SREEJITH (STAMP SERVICE AGENT)

EXHIBIT P56 A TRUE COPY OF THE SALARY SLIP FOR THE MONTH OF OCTOBER, 2016 ISSUED TO MR.SHANMUGHAN R. WP(C) NO. 38381 OF 2016

(RAMP SERVICE AGENT) EVIDENCING OVERTIME ALLOWANCE.

EXHIBIT P57 A TRUE COPY OF THE SALARY SLIP FOR THE MONTH OF MAY, 2016 ISSUED TO MR.A.SIVAKUMAR, (RAMP SERVICE AGENT) EVIDENCING OVERTIME ALLOWANCE.

EXHIBIT P58 A TRUE COPY OF THE SALARY SLIP FOR THE MONTH OF SEPTEMBER, 2016 ISSUED TO THE MR. SHANMUGHAN (RAMP AGENT) EVIDENCING OVERTIME ALLOWANCE.