Kerala High Court
Badarul Muneer.H vs The Kerala Minerals And Metals ... on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 17785 OF 2021
PETITIONER:
BADARUL MUNEER.H
AGED 33 YEARS
S/O. LATE HAMEED KUNJU, IKARA HOUSE,
MAVELI, PANMANA P.O, CHAVARA,
KOLLAM DISTRICT 691 583
BY ADV V.PHILIP MATHEW
RESPONDENTS:
1 THE KERALA MINERALS AND METALS LIMITED
SANKARAMANGALAM, CHAVARA-691 583,
KOLLAM DISTRICT
REPRESENTED BY ITS MANAGING DIRECTOR.
2 CHIEF MEDICAL SUPERINTENDENT
THE KERALA MINERALS AND METALS LTD,
SANKARAMANGALAM, CHAVARA-691 583,
KOLLAM DISTRICT.
3 THE DEPUTY GENERAL MANAGER
THE KERALA MINERALS AND METALS LTD,
SANKARAMANGALAM, CHAVARA - 691 583,
KOLLAM DISTRICT.
4 THE MANAGING DIRECTOR
THE KERALA MINERALS AND METALS LTD,
SANKARAMANGALAM, CHAVARA-691 583, KOLLAM DISTRICT
5 THE ASSISTANT GENERAL MANAGER (LEGAL)
THE KERALA MINERALS AND METALS LTD,
SANKARAMANGALAM, CHAVARA-691 583
6 THE JOINT GENERAL MANAGER (P&A)
THE KERALA MINERALS AND METAL LTD.,
SANKARAMANGALAM, CHAVARA- 691 583,
KOLLAM DISTRICT.
WP(C) No.17785 of 2021
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7 MR.ANANTHAKRISHNAN
EQUIPMENT OPERATOR GRADE - C,
THE KERALA MINERALS AND METALS LTD.,
SANKARAMANGALAM, CHAVARA-691 583,
KOLLAM DISTRICT.
8 MR.SUNEESH S.
EQUIPMENT OPERATOR GRADE - C,
THE KERALA MINERALS AND METALS LTD.,
SANKARAMANGALAM, CHAVARA-691 583,
KOLLAM DISTRICT.
BY ADV SMT.LATHA ANAND, SC, KERALA MINERALS AND
METALS LIMITED
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.17785 of 2021
3
JUDGMENT
Dated this the 24th day of March, 2023
The petitioner is Junior Equipment Operator under the 1 st
respondent-Kerala Minerals and Metals Limited. According to
the petitioner, he was illegally kept out of service for the
period from 17.03.2017 to 30.08.2017. The petitioner
approached this Court filing W.P.(C) No.16909 of 2020
seeking to regularise the petitioner's service for the period
from 17.03.2017 to 30.08.2017. This Court disposed of the
writ petition directing the 4th respondent-Managing Director,
Kerala Minerals and Metals Limited to consider and take
appropriate decision on Ext.P10 representation therein. The
4th respondent was directed to issue notice to the petitioner
and respondents 7 and 8 therein.
2. Grievance of the petitioner is that though the
direction was to the Managing Director, the Head of the
WP(C) No.17785 of 2021
Department (P&A/L) heard the matter pursuant to the
directions of the Court and passed Ext.P10 order refusing to
regularise the attendance of the petitioner for 167 days.
Ext.P10 is illegal as the direction given by this Court was to
the Managing Director and therefore, the Managing Director
ought to have passed the order.
3. Standing Counsel entered appearance on behalf of
respondents 1 to 6 and filed a counter affidavit. On behalf of
respondents 1 to 6, it is submitted that the petitioner is
qualified and eligible to be promoted as Equipment Operator,
Grade C prior to promotion of respondents 7 and 8. For
granting promotion, the Company has taken the attendance
details of the petitioner. The petitioner was found to be on
unauthorised absence for 167 days. Therefore, as per the
Company's Promotion Policy, the petitioner's promotion was
deferred for one year. The petitioner's request for promotion
will be considered after the said period.
WP(C) No.17785 of 2021
4. I have heard the learned counsel for the petitioner
and the learned Standing Counsel representing respondents 1
to 6.
5. It is evident that this Court as per Ext.P4 judgment
directed the 4th respondent-Managing Director, Kerala
Minerals and Metals Limited to consider Ext.P17
representation therein submitted by the petitioner. When a
direction is given by this Court as per Ext.P4, the
4th respondent ought to have considered the issue. However,
it is seen that the issue is considered by the Head of the
Department (P&A/L) of the Company. Ext.P10 therefore
cannot be treated as legal.
In the circumstances, the writ petition is disposed of
directing the 4th respondent-Managing Director, Kerala
Minerals and Metals Limited to consider Ext.P7 representation
submitted by the petitioner in accordance with the directions
given in Ext.P8 judgment and take appropriate decision
WP(C) No.17785 of 2021
thereon, within a period of two months, after giving an
opportunity of hearing to the petitioner as well as any other
affected parties. To enable the 4th respondent to pass orders
afresh, Ext.P10 communication of the Head of the Department
(P&A/L) is set aside.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.17785 of 2021
APPENDIX OF WP(C) 17785/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF COMMUNICATION DATED 17-3-2017
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER DENYING PERMISSION TO WORK
Exhibit P2 COPY OF THE JUDGMENT IN WP(C)
NO.1129/2017 DT 3-4-2017
Exhibit P3 COPY OF JUDGMENT DATED 29-08-2017 IN
W.P(C) NO. 26095/2017
Exhibit P4 COPY OF JUDGMENT DATED 11-10-2017
PASSED BY THIS HON'BLE COURT IN W.P(C)
NO. 31264/2017
Exhibit P5 COPY OF ORDER DATED 1-2-2018 ISSUED BY
THE 4TH RESPONDENT DENYING BACK WAGES
AND POSTING IN ADMINISTRATIVE SECTION
Exhibit P6 COPY OF JUDGMENT DATED 22-1-2019 IN
W.P(C) NO. 8268/18
Exhibit P7 COPY OF THE REPRESENTATION DATED 11-
08-2020 SUBMITTED BY THE PETITIONER
BEFORE THE FOURTH RESPONDENT CLAIMING
REGULARIZATION, PROMOTION ETC
Exhibit P8 COPY OF JUDGMENT DATED 17-11-2020 IN
W.P9C) NO. 16909 OF 2020 (K) OF THIS
HON'BLE COURT
Exhibit P9 COPY OF COVERING LETTER DATED 5-12-
2020 SUBMITTED BY THE PETITIONER.
Exhibit P10 COPY OF LETTER/ORDER NUMBER TP/PD/PF-
2169/21 DATED 13-1-2021
