The court issued directions to the employer to consider and decide on the petitioner's representation regarding a transfer to a department involving night duty due to health issues within one month.
Direction to respondent to consider Ext.P14 representation and pass orders within one month.
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 MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938
WP(C).No. 25952 of 2016 (T)
PETITIONER(S) :
SURENDRAN P.J.
AGED 44 YEARS, SON OF JANARDHANAN P., ELECTRICIAN GRADE I, TRACO CABLE COMPANY LTD., IRIMPANAM, TRIPUNITHURA-682 309, RESIDING AT PANAMPILLY HOUSE, GOWRISANKARAM, KUNNATHUR, VELANGALUR P.O.-680 662, THRISSUR DISTRICT.
BY ADVS. SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH
SRI.RIYAL DEVASSY
RESPONDENT(S) :
1. TRACO CABLE COMPANY LTD., IRIMPANAM, TRIPUNITHURA-682 309, REPRESENTED BY ITS UNIT HEAD.
2. THE UNIT HEAD, TRACO CABLE COMPANY LTD., IRIMPANAM, TRIPUNITHURA-682 309.
BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 25952 of 2016 (T)
APPENDIX
PETITIONER(S)' EXHIBITS :
| EXHIBIT P1 | TRUE COPY MEMORANDUM OF SETTLEMENT DATED 12-2-1997 SIGNED BETWEEN THE 1ST RESPONDENT AND THEIR EMPLOYEES WITH PROMOTION POLICY ATTACHED THEREWITH. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF OFFICE ORDER NO. WPA/PM/07/672 DATED 5-7-2007 ISSUED BY 1ST RESPONDENT TO PETITIONER. |
| EXHIBIT P3 | TRUE COPY OF NOTICE WPA/PAT/02 DATED 2-4-2007 ISSUED BY 1ST RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF NOTICE WPA/PAT/45 DATED 9-4-2007 ISSUED BY 1ST RESPONDENT. |
| EXHIBIT P5 | TRUE COPY OF RANK LIST NO. WPA/PAT/611 DATED 5-7-2007, PUBLISHED BY 1ST RESPONDENT. |
| EXHIBIT P6 | TRUE COPY OF OFFICE ORDER NO. WPA/PM/07/1208 DATED 18-09-2007 ISSUED BY 1ST RESPONDENT TO PETITIONER. |
| EXHIBIT P7 | TRUE COPY OF OFFICE ORDER NO. P&A/PRO-11/203 DATED 17-2-2014 ISSUED BY 1ST RESPONDENT TO PETITIONER. |
| EXHIBIT P8 | TRUE COPY OF OFFICE ORDER NO. P&A/PRO-11/989 DATED 20-10-2015 ISSUED BY 1ST RESPONDENT TO PETITIONER. |
| EXHIBIT P9 | TRUE COPY OF SHIFT NOTICE NO. 135/WGR/ELEC/466 DATED 29-5-2015 ISSUED BY 1ST RESPONDENT. |
| EXHIBIT P10 | TRUE COPY OF MEDICAL CERTIFICATE DATED 15-7-2016 ISSUED BY DR.T.V.BINU, MEDICAL OFFICER IN CHARGE COMMUNITY HEALTH CENTRE, PUTHENCHIRA. |
| EXHIBIT P11 | TRUE COPY OF OFFICE ORDER NO. TRACO/IPM/UH/440 DATED 8-7-2016 ISSUED BY 1ST RESPONDENT TO PETITIONER. |
| EXHIBIT P12 | TRUE COPY OF LIST OF EMPLOYEES TRANSFERRED FROM PRODUCTION DEPARTMENT OF 1ST RESPONDENT TO THEIR OTHER DEPARTMENTS, DRAWN BY PETITIONER. |
| EXHIBIT P13 | TRUE COPY OF MUSTER ROLL OF ELECTRICAL MAINTENANCE DEPARTMENT OF 1ST RESPONDENT FOR JUNE 2016. |
WP(C).No. 25952 of 2016 (T)
EXHIBIT P14 TRUE COPY OF REPRESENTATION DATED 11-7-2016, SUBMITTED BY PETITIONER TO 1ST RESPONDENT, WITH MEDICAL CERTIFICATE DATED 9-7-2016 ISSUED BY DR. K.K.PRAVEEN, ATTACHED THEREWITH.
EXHIBIT P15 TRUE COPY OF MEDICAL CERTIFICATE DATED 07.09.2016 ISSUED BY DR. A.M.ABDUL KADER MEDICAL OFFICER, GOVERNMENT AYURVEDA HOSPITAL, PULLUT, KODUNGALLUR.
RESPONDENT(S)' EXHIBITS & ANNEXURES :
ANNEXURE R1(A): TRUE COPY OF THE LETTER OF APPOINTMENT DATED 28.12.1995 ISSUED BY THE PETITIONER TO THE RESPONDENT.
ANNEXURE R1(B): TRUE COPY OF THE ACCEPTANCE LETTER DATED 05.01.1996 SUBMITTED BY THE RESPONDENT BEFORE THE PETITIONER.
ANNEXURE R1(C): TRUE COPY OF THE CONCILIATION SETTLEMENT BETWEEN THE MANAGEMENT AND THE RECOGNIZED UNION DATED 28.07.2009. ANNEXURE R1(D): TRUE COPY OF THE JUDGMENT DATED 07.04.2011 IN W.P(C).NO. 29064 OF 2006.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
ANU SIVARAMAN, J.
W.P.(C) No.25952 of 2016
----------------------------------------Dated this the 4th day of November, 2016
JUDGMENT
Heard the learned counsel appearing for the
petitioner and the learned Standing Counsel appearing for the respondents.
W.P.(C) No.25952 of 2016 -2-
respondents, seeking favorable posting order on the ground that he is hypertensive and has health problems, which disabled him from carrying on night duty which is assigned to him in the production wing.
date of receipt of a copy of this judgment.
Writ petition is ordered accordingly.
Sd/ANU SIVARAMAN, JUDGE
vs
1 issue framed by the court
Whether petitioner's transfer from Electrical Maintenance department to Production department warrants relief considering health constraints.
1 provisions across 1 enactments
Surenran P.J
TRACO Cable Company Ltd.
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
