Allowed

Rajendra Prasad v. Kerala Forest Development Corporation Ltd.

Kerala HC5 Oct 2021WP(C)/5490/2021

Case brief

AI extract

What is this about?

The Court examined the termination of a temporary employee who was not given an opportunity of hearing. It set aside the termination order and directed the employer to provide a physical or online opportunity to be heard within three months.

What did the court decide?

Writ petition allowed; termination order quashed; directed to give petitioner an opportunity of being heard physically or online within three months.

Rajendra Prasad Vs Kerala Forest Development… — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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TUESDAY, THE 5^TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943

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WP(C) NO. 5490 OF 2021

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PETITIONER:

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1 RAJENDRA PRASAD

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S/O BALASUBRAMANIAM, DISMISSED EMPLOYEE, SANDAL OIL FACTORY, KERALA FOREST DEVELOPMENT CORPORATION LTD, MARAYOOR, IDUKKI DISTRICT, RESIDING AT NACHIVAYAL, MARAYOOR P.O. IDUKKI DISTRICT

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BY ADV LATHEESH SEBASTIAN

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RESPONDENTS:

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1 KERALA FOREST DEVELOPMENT CORPORATION LTD. ARANYAKOM, KARAPPUZHA, KOTTAYAM DISTRICT-686 003, REPRESENTED BY ITS MANAGING DIRECTOR.

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2 THE DIVISIONAL MANAGER, KERALA FOREST DEVELOPMENT CORPORATION LTD, MUNNAR DIVISION, MATTUPETTY ROAD, MUNNAR, IDUKKI DISTICT-686 612.

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3 THE MANAGER, SANDAL OIL FACTORY, KERALA FOREST DEVELOPMENT CORPORATION LTD, MARAYOOR, IDUKKI DISTRICT-685 620.

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4 P.MUTHUPANDY, DIRECTOR, KERALA FOREST DEVELOPMENT CORPORATION LTD, AARANYAKOM, KARAPPUZHA, KOTTAYAM DISTRICT-686 003.

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5 P.N. VIJAYAN, DIRECTOR, KERALA FOREST DEVELOPMENT CORPORATION LTD, AARANYAKOM, KARAPPUZHA, KOTTAYAM DISTRICT-686 003.

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WP(C) NO. 5490 OF 2021

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BY ADVS. SMT. PARVATHY KOTTOL, GP SMT.KABANI DINESH, SC, KFDC SRI. M.P.PRAKASH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5490 OF 2021

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JUDGMENT

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Dated this the 05^th day of October, 2021

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Adv. Kabani Dinesh took notice for respondents 1 to 3.

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The petitioner was working as a temporary employee at the Sandal Wood Oil Factory of the first respondent at Marayoor. The petitioner claims that he has been in service for the last 15 years engaged as temporary employee. By Ext.P4, he was terminated from service. The petitioner has approached this Court lamenting that he was not given an opportunity of being heard and hence, all the valuable contentions in his favour could not be placed before the authority.

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Heard the learned Counsel for the petitioner and the learned Standing Counsel for K.F.D.C.

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Though no counter has been filed, records clearly reveal that pursuant to the decision of the Managing Committee referred to as reference No.1 in Ext.P9, the petitioner was terminated from service. Evidently, he was not given an opportunity of being heard. Fairness demanded that the petitioner should be given an

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WP(C) NO. 5490 OF 2021

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opportunity of being heard, since the order affected his livelihood.

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Having considered this, I am inclined to set aside Ext.P9 and allow the Writ Petition by directing the first respondent to give an opportunity of being heard to the petitioner and to pass fresh orders thereafter. The petitioner may be given an opportunity of being heard, either physically or online. Appropriate orders shall be passed as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The petitioner, if he so desires, will be permitted to file a detailed representation which shall be filed within a period of fifteen days from the date of receipt of a copy of this judgment.

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The Writ Petition is allowed.

Sd/-

SUNIL THOMAS

JUDGE

SKP/5-10

WP(C) NO. 5490 OF 2021

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APPENDIX OF WP(C) 5490/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT AT ITS MEETING OF DIRECTOR BOARD HELD ON 17.12.2019.

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EXHIBIT P2 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 10.2.2020.

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EXHIBIT P3 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 28.5.2020.

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EXHIBIT P4 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 30.5.2020.

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RESPONDENTS' EXHIBITS: NIL

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TRUE COPY

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P.A.TO JUDGE

Rajendra Prasad v. Kerala Forest Development Corporation Ltd.

Case brief

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Rajendra Prasad v. Kerala Forest Development Corporation Ltd.

Case brief

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