A writ petition challenging the creation of a new post to accommodate an employee was disposed of as respondents clarified their apprehension lacked factual foundation and no such post would be created.
Writ petition disposed of recording respondents' submission that no new post would be created.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 29TH DAY OF JUNE 2016/8TH ASHADHA, 1938
WP(C).No. 21908 of 2016 (K)
PETITIONER(S):
1. TSC EMPLOYEES UNION TRAVANCORE SUGARS & CHEMICALS LTD, VALANJVATTOM, THIRUVALLA-689104, REP. BY ITS GENERAL SECRETARY.
BY ADV. SRI.N.ASHOK KUMAR
RESPONDENT(S):
1. TRAVANCORE SUGARS & CHEMICALS LTD THE TRAVANCORE SUGARS & CHEMICALS LTD, REPRESENTED BY ITS MANAGIND DIRECTOR, VALANJAVATTOM, THIRUVALL-689104.
2. THE CHAIRMAN, TRAVANCORE SUGARS & CHEMICALS LTD, VALANJAVATTOM THIRUVALLA-689104.
3. STATE OF KERALA, REP. BY ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
4. PRINCIPAL SECRETARY, TAX DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM.695001.
5. N.P. GEORGE, SUPERVISOR-ELECTRICAL SECTION, TRAVANCORE SUGARS & CHEMICALS LTD, THIRUVALLA-689104. (RESIDING AT NEDUVELIPARAMBIL, PALIYAKARA, NEAR MARKET JUNCTION, THIRUVALLA.689105)
R BY SRI.M.GOPIKRISHNAN NAMBIAR R BY GOVERNMENT PLEADER SRI.P.V.ELIYAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21908 of 2016 (K)
APPENDIX
| PETITIONER( -------------------- |
S)' EXHIBITS --- |
|---|---|
| P1 | COPY OF THE REPORT OF THE ONE MAN (K.V. THOMAS) COMMISSION DATED 26.2.2016. |
| P2 | COPY OF THE OFFICE ORDER DATED 22.9.2014 ISSUED BY IST RESPONDENT TO THE 5TH RESPONDENT. |
| P3 | COPY OF THE MEMO DATED 19.10.2014 ISSUED BY THE 1ST RESPONDENT TO THE5TH RESPONDENT. |
| P4 | COPY OF THE MEMO DATED 22.01.2015 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT. |
| P5 | COPY OF THE MEMO DATED 16.4.2015 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT. |
| P6 | COPY OF THE REPRESENTATION DATED 10.2.2016 SUBMITTED BY THE 5TH RESPONDENT TO THE 1ST RESPONDENT. |
| P7 | COPY OF THE REPRESENTATION DATED 31.05.2016 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. |
| RESPONDENT -------------------- |
(S)' EXHIBITS NIL --- |
//TRUE COPY//
PA TO JUDGE
avk
ALEXANDER THOMAS, J.
W.P.(C).No.21908 of 2016
Dated this the 29th day of June, 2016
JUDGMENT
The prayers in this writ petition are as follows:-
petitioner in this writ petition, Ext.P-6 is only a copy of the representation dated 10.2.2016 said to have been filed by the contesting respondent no.5 before the Managing Director of the first respondent company, wherein interalia, there is a request on behalf of the 5th respondent that he be considered for promotion to the post of Deputy Manager (Electrical) in accordance with the new staff pattern. The main grievance of the petitioner appears to
W.P.(C).No.21908 of 2016 2
be on the basis of his apprehension that there is a move on the part of the 1st respondent Company to sanction and create a new post of Deputy Manager (Electrical) in violation of Ext.P-1 and other existing norms so as to accommodate the 5th respondent. In that regard, petitioner has submitted Ext.P-7 representation dated 31.5.2016 before the first respondent company pointing out that the proposed creation of the new post of Deputy Manager (Electrical) would create huge burden on the financial viability of the company and that the request of the 5th respondent for appointment to such post proposed to be sanctioned, may be rejected etc.
W.P.(C).No.21908 of 2016
3
respondents 1 and 2 do not propose to create any such new post
or for accommodating the R5 to such post.
recording the above said submissions made on behalf of the respondents 1 and 2.
Sd/-
ALEXANDER THOMAS JUDGE
//TRUE COPY//
PA TO JUDGE
avk
1 issue framed by the court
Whether the apprehension of the petitioner regarding the creation of a new post to accommodate the respondent is without factual foundation.
TSC Employees Union Travancore Sugars & Chemicals Ltd
Travancore Sugars & Chemicals Ltd
State of Kerala
N.P. George
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
