Sam K Julius vs The Shipping Corporation Of India ...
2025 Latest Caselaw 6817 Ker

Kerala High Court

Sam K Julius vs The Shipping Corporation Of India ... on 17 June, 2025

                                                      2025:KER:42372
W.A No.1095 of 2025​​    ​       ​
                                        1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

    THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI

                                        &

             THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

   TUESDAY, THE 17TH DAY OF JUNE 2025 / 27TH JYAISHTA, 1947

                             WA NO. 1095 OF 2025

          AGAINST THE JUDGMENT DATED 24.03.2025 IN WP(C) NO.9216

                    OF 2024 OF HIGH COURT OF KERALA

APPELLANT:
              SAM K JULIUS​
              AGED 52 YEARS​
              S/O K.J.JULIUS, 5TH ENGINEER OFFICER(FOREIGN GOING),
              THE SHIPPING CORPORATION OF INDIA LIMITED, REGISTERED
              OFFICE: SHIPPING HOUSE, 245, MADAME CAMA ROAD, MUMBAI -
              400 021, RESIDING AT: KALLUVEETIL HOUSE, ANCHORAGE'
              HOUSE NO.44/1051 - D, POTTAKUZHY ROAD, KOCHI,
              PIN - 682017


              BY ADVS. ​
              SHRI.T.C.GOVINDASWAMY​
              SHRI.KAILESH T. GOPI​
              SMT.KALA T.GOPI​
              SMT.NISHITHA BALACHANDRAN​

RESPONDENTS:

      1       THE SHIPPING CORPORATION OF INDIA LIMITED​
              REGISTERED OFFICE: SHIPPING HOUSE, 245, MADAME CAMA
              ROAD, MUMBAI THROUGH ITS CHAIRMAN & MANAGING DIRECTOR.,
              PIN - 400021
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W.A No.1095 of 2025​​   ​   ​
                                 2



      2       THE CHIEF MEDICAL OFFICER​
              THE SHIPPING CORPORATION OF INDIA LIMITED, REGISTERED
              OFFICE: SHIPPING HOUSE, 245, MADAME CAMA ROAD, MUMBAI,
              PIN - 400021

      3       THE CHIEF MANAGER (FLEET PERSONNEL DEPARTMENT ENGINE)​
              THE SHIPPING CORPORATION OF INDIA LIMITED, REGISTERED
              OFFICE: SHIPPING HOUSE, 245, MADAME CAMA ROAD, MUMBAI,
              PIN - 400021

              BY SRI.JOY THATTIL ITTOOP, SC.

     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.06.2025, THE COURT ON 17.06.2025 DELIVERED THE FOLLOWING:
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W.A No.1095 of 2025​​    ​    ​
                                   3

                             JUDGMENT

Sushrut Arvind Dharmadhikari, J.

Heard finally with the consent of both the parties.

2. The intra-court appeal under Section 5 of the Kerala High

Court Act, 1958 assails the judgment dated 24.03.2025 in

WP(C) No.9216 of 2024 whereby the writ petition filed by the

appellant has been dismissed.

3. The brief facts of the case are that the appellant was

appointed as '5th Engineer Officer' with effect from 13.12.1999.

He was placed on probation for six months. Thereafter, he was

confirmed. The appellant signed off from the vessel 'MT Suvarna

Swarajya' on 04.09.2020 and thereafter remained unauthorizedly

absent from duty. It was only on 03.12.2023 the appellant

approached the respondents through e-mail, expressing his desire

to join duty. The appellant produced medical certificate of his

fitness, requesting the respondents to permit him to join duty and

allow him to be posted in a vessel.

4. The agreement entered between the Maritime Union of

India (MUI) and the Indian National Ship Owners Association 2025:KER:42372 W.A No.1095 of 2025​​ ​ ​

(INSA) with effect from 01.01.2024 to 31.12.2027 provides that,

if an officer on leave (except on medical leave) does not report to

the Company within a maximum period of 12 months, it is

presumed that the officer has left the services of the Company

and it would be for the Company to terminate the services of such

Officer without any further notice.

5. The appellant had filed the writ petition praying for the

following reliefs: ​

(i)​ Declare that the nonfeasance on the part of the respondents to allow the petitioner to join back to duties despite the fact he had submitted requisite medical certificates indicating fitness for sea service, issued by the competent medical authority, is arbitrary, discriminatory and unconstitutional;

(ii) ​ Direct the respondents to allow the petitioner to join back to duties and direct further to deem that the petitioner has joined duties on 11.12.2023, with all consequential benefit including arrears of pay and allowance arising therefrom;

(iii) ​ Direct the respondents to revise the petitioner's pay consistent with the series of agreements 2025:KER:42372 W.A No.1095 of 2025​​ ​ ​

arrived at after 2008 and direct further to grant the petitioner all consequential benefits thereof.

6. Learned counsel for the appellant contended that the

learned Single Judge failed to consider the fact that the

respondents had already regularised the period of absence, after

he had submitted medical certificates. Thereafter, the appellant

made a request to join the vessel. In response thereof, the

respondents vide Ext.P10 e-mail dated 11.12.2023 sent a notice

of reporting for joining the vessel on condition that the

regularisation of unauthorized absence shall be subject to

approval of SCI's management. It was also stated therein that

the medical certificates submitted against long absence would

also be subject to approval of the Chief Medical Officer.

Thereafter the matter shall be put up before the management for

approval for regularisation of unauthorised absence. In case the

absence gets regularised, the appellant would be required to

undergo pre joining medical, as per the prevailing Merchant

Shipping Medical Rules in SCI's authorised and empanelled

medical centres/labs, to prove the fitness for joining a vessel.

2025:KER:42372 W.A No.1095 of 2025​​ ​ ​

The appellant, vide Ext.P11 e-mail dated 27.12.2023, sent a

reminder to the respondents informing that he has been declared

fit for sea service by the DG Shipping approved Doctor in Kochi

and all the required documents are in order and therefore, he

may be updated with regard to joining for duty.

7. On 08.01.2024, Ext.P12 e-mail was sent by the

respondents asking the appellant to submit medical certificates

mentioning the period of treatment, for enabling them to process

further. In response to e-mail dated 08.01.2024, the appellant

again sent Ext.P13 e-mail dated 08.01.2024 informing that all the

medical certificates in his possession have already been submitted

and he has no more certificates to produce, with a request to take

a decision based on the documents submitted. The respondents

sent an e-mail dated 10.05.2024 (Ext.P15) to the appellant

stating that "as per Management directives you are requested to

report to SCI Head office for joining the vessel". In response, the

appellant sent an e-mail on 12.05.2024 (Ext.P16) informing that

as per the e-mail dated 10.05.2024, he shall be reporting for duty

personally at SCI Head Office on 20.05.2024.

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8. The appellant was issued with a medical certificate for

service at sea for a duration with effect from 22.05.2024 to

21.05.2025 where the Medical Board found the appellant fit for

service at sea. Accordingly, the appellant personally went to join

the vessel on 28.05.2024. However, he was not allowed to join

the vessel. Being aggrieved, the writ petition was filed.

9. Learned counsel for the appellant submitted that the

learned Single Judge dismissed the writ petition on the ground

that the appellant remained unauthorisedly absent for more than

twelve months without any application or information. The

appellant had approached this Court several times; however, he

cannot take his services for granted. He had approached the

respondents to take him back after 3½ years. Learned Single

Judge came to the conclusion that the appellant has abandoned

the services by his conduct of remaining unauthorisedly absent for

more than 3½ years. Therefore, the learned Single Judge,

holding that the court cannot come to the rescue of the person

who does not take his job and service seriously and abandons the

same without any reasonable cause, dismissed the writ petition.

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In view of the aforesaid, the judgment passed by the learned

Single Judge deserves to be set aside and the writ appeal to be

allowed.

10. Learned Standing Counsel for the respondents

vehemently opposed the prayer and submitted that the appellant

did not submit medical certificates on the basis of which the

period of absence could have been regularised. In the absence of

regularisation of the period of absence, the prayer to take back

his services on the vessel cannot be countenanced. Learned

Single Judge was right in dismissing the writ petition and the writ

appeal deserves to be dismissed.

11. Heard both sides and perused the records.

12. On perusal of Ext.P15 e-mail notice dated 10.05.2024,

it can be seen that the management has directed the appellant to

report to SCI Head Office for joining the vessel. The said notice is

termed as "notice of reporting for joining the vessel", meaning

thereby the period of absence has been regularised and thereafter

only the appellant has been requested to join the vessel. The

appellant was present on 28.05.2024 for joining the vessel.

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However, the respondents, in colourable exercise of powers, did

not permit the appellant to join the vessel. Initially, the notice of

reporting for joining the vessel was issued on 11.12.2023

(Ext.P10) with certain conditions. Thereafter, while sending

another notice of reporting for joining the vessel dated

10.05.2024 (Ext.P15) which is almost after five months from the

earlier notice, no such conditions have been prescribed or no such

conclusions have been arrived at by the respondents that the

appellant has not completed the formalities like submission of

medical certificates etc. The said notice for joining the vessel

itself indicates that the period of absence has been regularised.

Even the respondents are unable to show any termination order

issued terminating the services of the appellant.

13. In view of the mandatory direction issued by the

respondents as per Ext.P15, to join the vessel, the order passed

by the learned Single Judge cannot be allowed to sustain.

Accordingly, the same is hereby quashed.

The appellant is directed to report to SCI Head Office for

joining the vessel, after fixing a date with the respondents for the 2025:KER:42372 W.A No.1095 of 2025​​ ​ ​

purpose. However, it is made clear that since the appellant did

not work during the period of absence or till date, he would not be

entitled for any salary or backwages based on the principle " No

work, No pay". However, the respondents shall pay the salary

regularly to the appellant after joining, as per rules.

The writ appeal is allowed as above. No order as to costs.

​       ​    ​      ​      ​   ​   ​    Sd/-
                           SUSHRUT ARVIND DHARMADHIKARI
    ​   ​    ​      ​      ​   ​   ​   JUDGE


    ​   ​    ​      ​      ​    ​    ​    Sd/-
                                    SYAM KUMAR V.M
                                         JUDGE


smp
                                                       2025:KER:42372
W.A No.1095 of 2025​​    ​      ​




PETITIONER ANNEXURES

Annexure-A                   A TRUE COPY OF THE LEAVE APPLICATION DATED

18.09.2020, IN THE PRESCRIBED FORMAT ALONG WITH THE COVERING LETTER AND ALSO THE TRACK CONSIGNMENT RECORD OF THE DEPARTMENT OF POSTS Annexure-B A TRUE COPY OF THE CERTIFICATE NO.IMEI/KO/OT/1424 DATED 08.11.2017 ISSUED BY THE COMPETENT AUTHORITY OF THE MERCANTILE MARINE DEPARTMENT.

Annexure-C A TRUE COPY OF THE CERTIFICATE OF COMPETENCY AS PER A CERTIFICATE NO.DCE01KOC23002310 DATED 17.10.2023, ISSUED BY THE MERCANTILE MARINE DEPARTMENT, KOCHI .

Annexure-D A TRUE COPY OF THE CERTIFICATE OF PROFICIENCY IN PERSONAL SURVIVAL TECHNIQUES, FIRE PREVENTION & FIRE FIGHTING, ELEMENTARY FIRST AID AND PERSONAL SAFETY AND SOCIAL RESPONSIBILITIES, ISSUED BY THE ALBERT'S MARITIME INSTITUTE.