Citation : 2022 Latest Caselaw 1861 Ker
Judgement Date : 18 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
WP(C) NO. 24838 OF 2021
PETITIONERS:
1 HARIKRISHNAN P
S/O GOPINATHAN, PALAKUZHIYIL HOUSE,
CHERUMUNDASSERIYIL.P.O,
AMBALAPPARA VILAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT,
KERALA, PIN-679512.
2 GOKUL.C.V,
CHIRAKKARA VEETTIL HOUSE, THALIYIL.P.O, KUTTIYADI,
KOZHIKODU, KERALA-673508.
BY ADVS.
P.V.JEEVESH
K.R.PAUL
RESPONDENTS:
1 KANNUR INTERNATIONAL AIRPORT LTD
AIRPORT P.O, MATTANUR,
KANNUR-670708, REPRESENTED BY THE MANAGING DIRECTOR.
2 HUMAN RESOURCE MANAGER,
KANNUR INTERNATIONAL AIRPORT LTD, AIRPORT.P.O,MATTANUR,
KANNUR-670708.
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)24838/2021 2
JUDGMENT
The petitioners joined the service of the first respondent as Fire
Service Trainees. At the time of joining service, they entered into
surety bond with the respondents as per which the petitioners were
bound to serve the first respondent for a minimum period of three
years after successful completion of training. The petitioners submit
that due to certain compelling personal reasons, they could not
complete the training and they were compelled to relieve the training
session. As per the bond agreement, the petitioners paid Rs.3,00,000/-
each to the first respondent for getting relieved from the training
session. The petitioners contend that since they could not complete
the training, they are not liable to make payment of the said amount.
They submitted Exts.P1 and P2 representations before the first
respondent requesting to refund the amount paid by them for getting
relieved from the training session. The grievance of the petitioners is
that the first respondent has not so far considered the said
representations. Therefore, they pray for a direction to the
respondents to consider Exts. P1 and P2 representations within a time
frame.
2. Heard the learned counsel for the petitioners and the learned
counsel for the respondents.
3. Having regard to the facts and circumstances of the case and
the submissions made at the Bar, this writ petition is disposed of
directing the competent authority among the respondents to consider
and pass orders on Exts.P1 and P2 representations within a period of
two months from the date of receipt of a copy of this judgment.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
APPENDIX OF WP(C) 24838/2021
PETITIONER's EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE REQUEST OF THE 1ST PETITIONER, DATED 20/3/2021.
Exhibit P2 THE TRUE COPY OF THE REQUEST OF
THE 2ND PETITIONER, DATED 20/3/2021
spc/
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