Greevas Job Panakkal vs Traco Cable Company Limited
2026 Latest Caselaw 1582 Ker

Kerala High Court

Greevas Job Panakkal vs Traco Cable Company Limited on 13 February, 2026

Author: N.Nagaresh

Bench: N.Nagaresh

                                                        2026:KER:12335

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

     FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947

                        WP(C) NO. 5132 OF 2025

PETITIONER:

          GREEVAS JOB PANAKKAL
          AGED 46 YEARS
          S/O (LATE) VARGHESE JOB PANAKKAL,
          PANAKKAL HOUSE, LOWER PARAYIL,
          KUNNAMKULAM, THRISSUR,
          PIN - 680503


          BY ADVS.
          SRI.D.SREEKANTH
          SRI.ASWIN KUMAR M J
          SRI.ALBIN GEORGE
          SRI.JEEVADAS H.
          SHRI. JAMES JOSE



RESPONDENTS:

    1     TRACO CABLE COMPANY LIMITED
          REGD. OFFICE:SEAPORT - AIRPORT ROAD,
          IRIMPANAM, TRIPUNITHURA,
          ERNAKULAM, KERALA
          REPRESENTED BY ITS MANAGING DIRECTOR,
          PIN - 682309

    2     MANAGING DIRECTOR
          TRACO CABLE COMPANY LIMITED
          SEAPORT - AIRPORT ROAD,
          IRIMPANAM, TRIPUNITHURA,
          ERNAKULAM, KERALA, PIN - 682309
                                             2026:KER:12335
W.P.(C) Nos.5132/2025 & 33223/2025

                                :2:


    3      STATEOF KERALA
           DEPARTMENT OF INDUSTRIES AND COMMERCE,
           3RD FLOOR, VIKAS BHAVAN, VIKASBHAVAN P.O.,
           THIRUVANANTHAPURAM, KERALA
           REPRESENTED BY ITS SECRETARY,
           PIN - 695033


           BY ADVS.
           SRI.ABEL TOM BENNY,STANDING COUNSEL
           SRI.D.PREM KAMATH
           SRI.TOM THOMAS (KAKKUZHIYIL)
           SRI.AARON ZACHARIAS BENNY
           SRI.ALAN J YOGYAVEEDU
           SRI.CLINT JUDE LEWIS
           SRI.MATHEW ANGELO DAVIS
           SMT.JYOTHIKA KRISHNA
           SMT.PRINCY XAVIER, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.12.2025 ALONG WITH WP(C).33223/2025 AND
THE COURT ON 13.02.2026 DELIVERED THE FOLLOWING:
                                               2026:KER:12335
W.P.(C) Nos.5132/2025 & 33223/2025

                                :3:


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947

                    WP(C) NO. 33223 OF 2025

PETITIONER:

           GREEVAS JOB PANAKKAL
           AGED 46 YEARS
           S/O (LATE) VARGHESE JOB PANAKKAL,
           PANAKKAL HOUSE, LOWER PARAYIL,
           KUNNAMKULAM, THRISSUR, PIN - 680503


           BY ADVS.
           SRI.JEEVADAS H.
           SRI.ASWIN KUMAR M J
           SRI.ALBIN GEORGE
           SRI.JAMES JOSE




RESPONDENTS:



    1      TRACO CABLE COMPANY LIMITED
           REGD. OFFICE: SEAPORT - AIRPORT ROAD,
           IRIMPANAM, TRIPUNITHURA,
           ERNAKULAM, KERALA
           REPRESENTED BY ITS MANAGING DIRECTOR,
           PIN - 682309

    2      MANAGING DIRECTOR
           TRACO CABLE COMPANY LIMITED
           SEAPORT - AIRPORT ROAD, IRIMPANAM,
                                             2026:KER:12335
W.P.(C) Nos.5132/2025 & 33223/2025

                                :4:


           TRIPUNITHURA, ERNAKULAM,
           KERALA, PIN - 682309

    3      STATE OF KERALA
           DEPARTMENT OF INDUSTRIES AND COMMERCE,
           3RD FLOOR, VIKAS BHAVAN
           VIKAS BHAVAN P.O.,
           THIRUVANANTHAPURAM, KERALA
           REPRESENTED BY ITS SECRETARY,
           PIN - 695033


           BY ADVS.
           SRI.ABEL TOM BENNY,STANDING COUNSEL
           SRI.D.PREM KAMATH
           SRI.TOM THOMAS (KAKKUZHIYIL)
           SRI.AARON ZACHARIAS BENNY
           SMT.ANANDITHA RAJEEV
           SRI.CLINT JUDE LEWIS
           SRI. MATHEW ANGELO DAVIS
           SMT.TESSA ROSE
           SMT.PRINCY XAVIER, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.12.2025 ALONG WITH WP(C).5132/2025 AND
THE COURT ON 13.02.2026 DELIVERED THE FOLLOWING:
                                                                2026:KER:12335
W.P.(C) Nos.5132/2025 & 33223/2025

                                      :5:




                                                                                CR


                           N. NAGARESH, J.

          `````````````````````````````````````````````````````````````
               W.P.(C) No.5132 and 33223 of 2025

          `````````````````````````````````````````````````````````````
             Dated this the 13th day of February, 2026


                            JUDGMENT

~~~~~~~~~

The Company Secretary of the 1st

respondent-Traco Cable Company Limited has filed these

writ petitions. The 1st respondent-Company is a State Public

Sector Undertaking.

2. The petitioner joined the 1st respondent-

Company as Company Secretary on 07.05.2012. The

petitioner states that the Company started default in payment

of salary from October, 2022 onwards. For a long period, 2026:KER:12335 W.P.(C) Nos.5132/2025 & 33223/2025

salary was not paid. Therefore, the petitioner had no other

go than to resign from the job. He submitted resignation on

18.03.2024 and requested to relieve him from service.

3. To the surprise of the petitioner, he received

Ext.P2 note issued by the 2nd respondent-Managing Director

stating that his case was placed before the 322 nd Board

meeting and the Board has rejected his resignation stating

that it is unfair for the petitioner to leave the Organisation in

its present critical financial position without proper substitute.

The petitioner was directed to resume duties immediately.

4. The petitioner states that his father passed

away on 06.06.2020 leaving his aged mother who had

suffered a stroke in the year 2018. She is suffering from

neuro and psychiatric issues and she is under treatment for

the past many years. The petitioner has to provide treatment

to his mother and take care of her necessities.

2026:KER:12335 W.P.(C) Nos.5132/2025 & 33223/2025

5. The petitioner therefore approached the

Management and requested to accept his resignation. The

petitioner was again issued with Ext.P5 memo dated

25.04.2024 which asked him to give explanation in writing

within 48 hours as to why disciplinary action should not be

taken against him. The petitioner submitted Ext.P6 reply and

requested again to relieve him so that he can go in search of

better opportunities and take care of his ailing mother.

6. The petitioner was again served with Ext.P7

memo dated 04.10.2024 directing him to report for duty. The

petitioner submitted Ext.P8 reply. The petitioner therefore

filed W.P.(C) No.5132/2025 seeking to quash Ext.P4 note

and Exts.P5 and P7 memos and to direct respondents 1 and

2 to accept Ext.P2 resignation.

7. While W.P.(C) No.5132/2025 was pending,

the respondent-Company issued Ext.P9 memo dated

17.03.2025 to the petitioner requiring him to show-cause as 2026:KER:12335 W.P.(C) Nos.5132/2025 & 33223/2025

to why he has unauthorisedly retained the laptop of the

Company. The petitioner gave Ext.P10 reply. The petitioner

states that Ext.P9 memo issued subsequent to the filing of

W.P.(C) No.5132/2025 is clearly an after thought and is an

attempt to interfere with the due course of justice. Ext.P9

memo is vague, contends the petitioner. The petitioner

therefore filed W.P.(C) No.33223/2025 seeking to quash

Ext.P9 memo.

8. The respondents filed a statement in

W.P.(C) No.5132/2025. The respondents stated that the

Company has been struggling financially since October,

2022. A comprehensive revival plan has been proposed to

clear liabilities. The Managing Director received the

petitioner's resignation on 18.03.2024.

9. The Board meeting held on 26.03.2024

noted that the petitioner played a pivotal role and his role as a

key advisor to the Managing Director is unavoidable. Given 2026:KER:12335 W.P.(C) Nos.5132/2025 & 33223/2025

the financial crunch of the Company, the petitioner's

presence is deemed essential to the Company. The

petitioner is uniquely positioned to address queries and

concerns raised within the Department. No other Company

Secretary qualified personnel is available. Therefore, the

Board decided to reject the petitioner's resignation.

10. In the counter affidavit filed in W.P.(C)

No.33223/2025, respondents 1 and 2 stated that the

petitioner was repeatedly requested to report back duty. The

petitioner was required to surrender his Company issued

laptop and SIM Card. The petitioner emptied the data in

laptop, rendering its contents inaccessible to the Company.

The petitioner has therefore misconducted himself.

11. The Company has liabilities to the tune of

₹257 Crores. The Company proposes to sell Company's

land. Delay in salary disbursal occurred due to the financial

issues. At this time, the petitioner has flagrantly been 2026:KER:12335 W.P.(C) Nos.5132/2025 & 33223/2025

negligent and acted with malicious intent. The writ petitions

are therefore without any force or merit and are liable to be

dismissed, contended the respondents.

12. I have heard the learned counsel for the

petitioner, the learned Standing Counsel representing

respondents 1 and 2 and the learned Senior Government

Pleader representing the 3rd respondent.

13. The petitioner is working as Company

Secretary of the 1st respondent-Company since 07.05.2012.

The petitioner has an unblemished service of more than 13

years. The petitioner has been discharging his duties to the

satisfaction of respondents 1 and 2. From October, 2022

onwards, there was default in payment of salary to the

petitioner.

14. The petitioner's father died on 06.06.2020

and his mother has suffered a stroke and is undergoing

treatment for neuro and psychiatric treatment for the past 2026:KER:12335 W.P.(C) Nos.5132/2025 & 33223/2025

many years. The petitioner therefore had no other option

than to search for another job. Company Secretaryship is a

statutory position under the Companies Act. They are

responsible for ensuring compliance with the Companies Act,

2013 by the Companies. As a Key Managerial Personnel,

they play a cruial role in corporate governance and are liable

for any non-compliance or defaults.

15. The petitioner will not be able to join any

other organisation as his Company Secretaryship is tied up

with the 1st respondent-Company and the same is registered

as such with the Registrar of Companies under the Ministry of

Corporate Affairs. Unless and until the Company forwards

necessary form DIR-12 to the Registrar of Companies, the

petitioner's Company Secretary membership will be tied up

with the 1st respondent.

16. Due to the personal and family pressure

and since the petitioner lives without prompt receipt of 2026:KER:12335 W.P.(C) Nos.5132/2025 & 33223/2025

monthly salary, the petitioner has submitted resignation. The

Board of the 1st respondent-Company refused to accept the

resignation submitted by the petitioner and instead has

threatened the petitioner with coercive disciplinary action.

17. When an employee submits his resignation,

the employer has a duty to accept the same and relieve the

employee from his duties. This duty of the employer is

subject only to any conditions that may be stipulated in the

contract of employment, including any stipulation as regards

notice period. A resignation can be rejected if resignation

does not follow procedure if any, outlined in the employement

contract. In case of "Heat of the moment" resignations, the

employer may be justified in delaying its acceptance, giving

the employee a chance to rescind it.

18. In the absence of violation of any notice

conditions or conditions in the contract of employment, an

employer cannot desist from accepting a resignation.

2026:KER:12335 W.P.(C) Nos.5132/2025 & 33223/2025

Another instance where the employer can refuse to accept

resignation, is when disciplinary proceedings are

contemplated against the employee for grave misconduct or

for causing monetary loss to the establishment.

19. In any other event, if the employer refuses

to accept resignation of an employee, it would amount to

bonded labour prohibited under Article 23 of the Constitution

of India. Due to the provisions of the Companies Act, if any

Company Secretary is attached to any corporate body, the

Company has to register the engagement with the Registrar

of Companies. Unless the employer sends statutory request,

the name of a Company Secretary will always remain linked

to the employer-Company which may cause difficulty for a

Company Secretary from seeking appointment elsewhere as

Company Secretary.

20. Respondents 1 and 2 have been defaulting

in payment of salary to the petitioner since October, 2022.

2026:KER:12335 W.P.(C) Nos.5132/2025 & 33223/2025

The petitioner tendered his resignation on 18.03.2024. More

than 20 months have lapsed since submission of resignation.

Respondents 1 and 2 have refused to accept the resignation

of the petitioner and relieve him from service on the ground

that the petitioner's service cannot be dispensed with due to

the financial position of the 1st respondent-Company.

Financial issues or financial emergency cannot be a reason

to force a Company Secretary to work for an incorporated

Company against his will and without his consent. The

disciplinary proceedings contemplated against the petitioner

in the circumstances can only be seen as an attempt by the

respondents to violate the right of the petitioner to resign from

service.

The writ petitions are therefore allowed.

Exts.P4, P5 and P7 in W.P.(C) No.5132/2025 are therefore

set aside. Ext.P9 memo in W.P.(C) No.33223/2025 is also

set aside. Respondents 1 and 2 are directed to accept 2026:KER:12335 W.P.(C) Nos.5132/2025 & 33223/2025

Ext.P2 resignation letter submitted by the petitioner and

relieve him from his services as expeditiously as possible and

at any rate within a period of two months. The petitioner shall

also be paid arrears of salary, leave surrender benefits and

terminal benefits, to which he is legally entitled to as

expeditiously as possible subject to the financial position of

the Company.

Sd/-

N. NAGARESH, JUDGE aks/10.02.2026 2026:KER:12335 W.P.(C) Nos.5132/2025 & 33223/2025

APPENDIX OF WP(C) NO.5132 OF 2025

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE PRESCRIPTIONS ISSUED BY THE NEURO AND PSYCHIATRY SECTION OF BABY MEMORIAL HOSPITAL LTD AND INSTITUTE FOR MIND AND BRAIN INMIND HOSPITAL Exhibit P2 TRUE COPY OF THE RESIGNATION LETTER DATED 18/03/2024 FURNISHED BY THE PETITIONER TO THE 1ST RESPONDENT ORGANIZATION Exhibit P3 TRUE COPY OF THE LETTER DATED NIL ISSUED BY THE PETITIONER REQUESTING TO DEDUCT SALARY FROM EARNED LEAVE CREDIT Exhibit P4 TRUE COPY OF THE NOTE NO. MD/01/29/24 DATED 02/04/2024 ISSUED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE MEMO NO.

MD/01/48/2024 DATED 25/04/2024 ISSUED BY THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE LETTER DATED 17/05/2024 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE MEMO NO.

MD/01/99/2024 DATED 04/10/2024 ISSUED ON BEHALF OF THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF THE LETTER DATED 04/11/2024 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE REPLY DATED 10/05/2025 ISSUED BY ME TO THE RESPONDENT COMPANY RESPONDENTS' EXHIBITS

EXHIBIT R1(A) TRUE COPY OF THE ACKNOWLEDGEMENT LETTER OF THE PETITIONER 2026:KER:12335 W.P.(C) Nos.5132/2025 & 33223/2025

EXHIBIT R1(B) THE TRUE COPY OF THE REVIVAL PLAN OF THE 1ST RESPONDENT COMPANY EXHIBIT R1(C) THE TRUE COPY OF THE EXTRACT OF THE MINUTES OF 322ND MEETING OF THE BOARD OF DIRECTORS OF THE COMPANY HELD ON 26.03.2024 EXHIBIT R1(D) THE TRUE COPY OF THE SHOW CAUSE NOTICE DATED 17.03.2025 2026:KER:12335 W.P.(C) Nos.5132/2025 & 33223/2025

APPENDIX OF WP(C) NO.33223 OF 2025

PETITIONER'S EXHIBITS

Exhibit P1 EXHIBIT P1, TRUE COPY OF THE PRESCRIPTIONS ISSUED BY THE NEURO AND PSYCHIATRY SECTION OF BABY MEMORIAL HOSPITAL LTD AND INSTITUTE FOR MIND AND BRAIN INMIND HOSPITAL Exhibit P2 EXHIBIT P2,TRUE COPY OF THE RESIGNATION LETTER DATED 18/03/2024 Exhibit P3 EXHIBIT P3,TRUE COPY OF THE LETTER DATED NIL ISSUED BY THE PETITIONER REQUESTING TO DEDUCT SALARY FROM HIS EARNED LEAVE CREDI Exhibit P4 EXHIBIT P4,TRUE COPY OF THE NOTE NO.

MD/01/29/24 DATED 02/04/2024 ISSUED BY THE 1ST RESPONDENT Exhibit P5 EXHIBIT P5,TRUE COPY OF THE MEMO NO.

MD/01/48/2024 DATED 25/04/2024 ISSUED BY THE 1ST RESPONDENT Exhibit P6 EXHIBIT P6,TRUE COPY OF THE LETTER DATED 17/05/2024 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P7 EXHIBIT P7,TRUE COPY OF THE MEMO NO.

MD/01/99/2024 DATED 04/10/2024 ISSUED ON BEHALF OF THE 1ST RESPONDENT Exhibit P8 EXHIBIT P8,TRUE COPY OF THE LETTER DATED 04/11/2024 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P9 EXHIBIT P9,TRUE COPY OF MEMO ISSUED BY THE RESPONDENT COMPANY DATED 17/03/2025 TO THE PETITIONER Exhibit P10 EXHIBIT P10,TRUE COPY OF THE REPLY DATED 10/05/2025 ISSUED BY PETITIONER TO THE RESPONDENT COMPANY RESPONDENTS' EXHIBITS : NIL