This court dismissed a writ petition challenging the termination of a plant worker for chronic absenteeism. The judgment held that the management had sufficient evidence of unauthorized absence without valid explanation and had followed due process, finding no merit in the petitioner's claim.
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 SUNIL THOMAS
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
W.P.(C) NO.22245 OF 2020
PETITIONER:
BINU M., AGED 43 YEARS, S/O.ANIRUDHAN, ANIRUDH BHAVANAM, CHAVARA BPO, CHAVARA VILLAGE, KOLLAM DISTRICT, PIN-691 583.
BY ADV R.SANTHOSH BABU
RESPONDENTS:
2 THE MANAGING DIRECTOR, THE KERALA STATE COIR CORPORATION LTD., P.B.NO.191, VAZHICHERRY WARD, ALAPPUZHA DISTRICT, PIN-688 001, KERALA.
4 THE FACTORY MANAGER, THE KERALA STATE COIR CORPORATION LTD., ADOOR DIVISON, ADOOR-689 642.
BY ADV SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The writ petitioner was appointed as a plant worker by Ext.P1 order dated 09.08.2017 by the 1st respondent, after undergoing a written test and interview. He joined the duty on 10.08.2017. He was put on probation and was paid a consolidated pay, as per the contract of employment. While so, Ext.P6 show-cause notice dated 14.07.2020 was issued to him. It was alleged that the petitioner was chronic absentee, without permission and without submitting requisite documents. He was reminded by Ext.P6 that he had undertaken that in case of unauthorised absence, he could be terminated from service. Accordingly, he was called upon to showcause as to why he shall not be terminated from service. He was directed to submit a reply within a week from the date of service of notice. He seems to have submitted Ext.P7 reply dated 04.08.2020, much after the time limit prescribed in Ext.P6. He contended that while he was working in Adoor Division, he was bitten by a poisonous creature and was laid up with allergy. Thereafter, he met with an accident. He could not produce the medical certificate, since the area was declared as containment zone. Along with Ext.P7, a medical certificate referring to his
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ailment of allergy was also enclosed.
undergone a surgery for 'Hernia' and was on leave from 20.09.2018 to 01.01.2019. However, absolutely no medical certificate is forthcoming. Thereafter, the petitioner claims that he was bitten by a poisonous creature on 01.06.2019 and he had to consult a doctor. He was absent from duty till 25.10.2019. Ext.P3 is the medical certificate. The medical certificate only shows that he was suffering from allergy and had undergone treatment under the doctor. He was advised change of job, to non-allergic situation for continuation of the job. The above certificate is dated 22.10.2019. There is absolutely no reference that the petitioner
was under treatment as an inpatient, or that he was advised to take medical rest during the above period. In short, apart from the
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certificate indicating that he was allergic and had availed treatment under the above doctor, there is absolutely nothing to indicate that his treatment, if any required his absence from duty, during the relevant period.
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convincing explanation was offered.
Having considered the entire facts, the conclusion arrived at by the management that the petitioner had absented himself without any reasonable cause and without permission does not call for any interference. I find no merit in the writ petition, which is accordingly dismissed.
Sd/- SUNIL THOMAS JUDGE
bpr
W.P.(C) NO.22245 OF 2020
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APPENDIX
PETITIONER'S EXHIBITS
| EXHIBIT | P1 A TRUE COPY OF THE ORDER DATED 09.08.2017. |
|---|---|
| EXHIBIT | P2 A TRUE COPY OF THE RELEVANT PAGES OF THE RANK LIST PUBLISHED BY THE RESPONDENT CORPORATION. |
| EXHIBIT | P3 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 22.10.2019 ISSUED BY DR.BABU THOMAS CHEST AND SKIN ALLERGY CENTRE, MENATH JUNCTION, KOLLAM ALONG WITH AQUEOUS ALLERGEN PRICK TEST REPORT DATED 01.06.2019 ISSUED BY CHEST AND SKIN DIAGNOSTIC AND RESEARCH CENTRE, KOLLAM. |
| EXHIBIT | P4 A TRUE COPY OF THE MEDICAL RECORDS DATED 20.02.2020, 21.02.2020 ISSUED FROM THE TALUK HOSPITAL, NEENDAKARA. |
| EXHIBIT | P5 A TRUE COPIES OF THE SHOW CAUSE NOTICE DATED 17.03.2020 BY THE R4. |
| EXHIBIT | P6 A TRUE COPIES OF THE COMMUNICATION BY THE R3 DATED 14.07.2020. |
| EXHIBIT | P7 A TRUE COPY OF THE REPLY ALONG WITH RECORDS DATED 04.08.2020 BY THE PETITIONER. |
| EXHIBIT | P8 A TRUE COPY OF THE COMMUNICATION DATED 24.09.2020 BY THE R3. |
| EXHIBIT | P9 TRUE COPY OF THE APPEAL/REPRESENTATION DATED 30.09.2020 SUBMITTED BEFORE R2 BY THE PETITIONER. |
3 issues framed by the court
Whether the termination of petitioner for unauthorized absence was justified despite his explanation of medical absence.
Whether the enquiry proceedings were conducted fairly by providing adequate opportunity to explain conduct.
Whether the evidence on record establishes absence without reasonable cause and without permission.
BINU M.
THE KERALA STATE COIR CORPORATION LTD.
THE MANAGING DIRECTOR, THE KERALA STATE COIR CORPORATION LTD.
THE PERSONAL MANAGER, THE KERALA STATE COIR CORPORATION LTD.
THE FACTORY MANAGER, THE KERALA STATE COIR CORPORATION LTD.
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
