C.M.Lloyd vs Cochin Port Trust
2022 Latest Caselaw 5872 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                         WP(C) NO.8536 OF 2022
PETITIONER :-

            C.M.LLOYD, AGED 43 YEARS
            S/O.C.S.MARTIN, P.NO.300505,
            GENERAL PURPOSE WORKER (SPORTS SECTION) ON CONTRACT
            BASIS (PRESENTLY OUT OF EMPLOYMENT)
            COCHIN PORT TRUST, KOCHI, PIN-682 009,
            RESIDING AT CHEMRACHERI HOUSE, C.B.S.E.ROAD,
            VELI (P.O), KOCHI, PIN-682 001

            BY ADVS.
            M.V.THAMBAN
            R.REJI
            THARA THAMBAN
            B.BIPIN
            ARUN BOSE
            R.SUNEESH KUMAR


RESPONDENTS :-

    1       COCHIN PORT TRUST
            ADMINISTRATIVE OFFICE, KOCHI, PIN-682 009,
            REPRESENTED BY ITS CHAIRPERSON

    2       THE CHAIRPERSON,
            COCHIN PORT TRUST, ADMINISTRATIVE OFFICE, KOCHI,
            PIN-682 009

    3       THE SECRETARY,
            COCHIN PORT TRUST, ADMINISTRATIVE OFFICE, KOCHI,
            PIN-682 009

    4       THE ASSISTANT SECRETARY,
            COCHIN PORT TRUST, ADMINISTRATIVE OFFICE, KOCHI,
            PIN-682 009

            BY ADVS.
            M.GOPIKRISHNAN NAMBIAR
            K.JOHN MATHAI
            JOSON MANAVALAN
            KURYAN THOMAS
            PAULOSE C. ABRAHAM


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.8536 OF 2022

                                      -: 2 :-


                                JUDGMENT

Dated this the 31st day of May, 2022

This writ petition is filed seeking the following reliefs :-

"(i) To issue a declaration that the termination of service of the petitioner from the service of the 1st respondent is illegal, arbitrary, discriminatory violative of principles of natural justice and thus unsustainable.

(ii) To issue a declaration that the petitioner is entitled to continue under the service of the 1st respondent on account of his long uninterrupted service of more than 21 years as contract employees under the 1st respondent.

(iii) To issue a writ of certiorari or any other writ, order or direction, calling for the records leading to Exhibit P3, scrutinize and quash Exhibit P3 and all further proceedings pursuant thereto.

(iv) To issue a writ of mandamus or any other writ, order or direction, directing the respondents to reinstate/re- engage the service of the petitioner as General Purpose Worker under Sports Section of the 1st respondent."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. The learned counsel for the petitioner submits that

the petitioner, who was a contractual employee, had been

terminated from service with effect from 29.2.2020. It is

submitted that he had 21 years of continuous service under the

1st respondent on the date of his termination. It is further WP(C) NO.8536 OF 2022

submitted by the learned counsel for the petitioner that the

termination was on the allegation that one Premraj M. R., an

employee of the 1st respondent, had produced false education

certificate before the 3rd respondent for getting promotion to a

Class-III post and that the said employee had stated that the

petitioner had assisted him for obtaining the said certificate. It

is submitted that the said employee has been reinstated in

service. The petitioner has submitted Ext.P4 representation

before the respondents and seeks a consideration of the same.

4. Having heard the learned counsel for the petitioner as

well as the learned Standing Counsel appearing for the 3 rd

respondent, who sought further time to place a counter affidavit

on record, I am of the opinion that the issue has to be

considered by the 1st respondent in terms of the orders, if any,

passed in the case of any similarly situated contract employees.

There will, accordingly, be a direction to the 1st

respondent to take up Ext.P4 representation submitted by the

petitioner and to consider and pass orders on the same in

accordance with law. The petitioner may produce any further

documents that he wishes to place before the said respondent in

support of Ext.P4 representation. Appropriate orders shall be WP(C) NO.8536 OF 2022

passed on Ext.P4 within a period of two months from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/1.6.2022 WP(C) NO.8536 OF 2022

APPENDIX OF WP(C) 8536/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PAY-IN SLIP ISSUED BY THE COCHIN PORT TRUST TO THE PETITIONER FOR THE MOTH OF FEBRUARY, 2020

Exhibit P2 TRUE COPY OF THE ORDER NO.A2-

19A/CON.APPT/CML/2020-S DT 29.02.20202 OF THE 4TH RESPONDENT

Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.A2/PUBLIC GRIEVANCE/2019-S DATED 16.05.2020 ISSUED BY THE 4TH RESPONDENT

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 20.05.2020 OF THE PETITIONER