In a review petition, the High Court modified the directions on constituting a Medical Board for a fitness examination of an employee alleging hearing impairment.
Review petition disposed of with modification directing constitution of a Medical Board with a specialist having MS in ENT Surgery.
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
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
RP NO. 285 OF 2022
AGAINST THE ORDER/JUDGMENT IN WA 144/2022 OF HIGH COURT OF KERALA
REVIEW PETITIONERS:
1 THE FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED, UDYOGAMANDAL, UDAYOGAMANDAL P.O., KOCHI 683 501, KERALA, REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR.
2 THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD, UDYOGAMANDAL, UDYOGAMANDAL P.O., KOCHI 683 501, KERALA, REPRESENTED BY THE CHIEF GENERAL MANAGER (HR). BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN JAI MOHAN
RESPONDENT:
1.KIRAN BABU K., AGED 27 YEARS S/O. BABU K.P., PRESENTLY WORKING AS FORK LIFT OPERATOR (ON CONTRACTS BASIS), THE FERTIILIZERS AND CHEMICALS, TRAVANCORE LTD, UDYOGAMANDAL , RESIDING AT KALAPURAKKAL HOUSE, CHETTINADU, ALATTUCHIRA P.O., PERUMBAVOOR 683 544. 2.DISTRICT MEDICAL OFFICER, ERNAKULAM, DISTRICT MEDICAL OFFICE, ERNAKULAM-682011 3.AKHIL U, AGED 26 YEARS, HEAVY EQUIPMENT OPERATOR ON CONTRACT, HEAVY EQUIPMENT DEPARTMENT, THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD., UDYOGMANDAL PO, PIN – 683513
RP NO. 285 OF 2022
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4.ATHUL KRISHNAN K, AGED 27 YEARS, HEAVY EQUIPMENT OPERATOR ON CONTRACT, HEAVY EQUIPMENT DEPARTMENT, THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD., UDYOGMANDAL PO, PIN-683 513.
SRI SAIGY JACOB PALATTY, SR GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24.03.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 285 OF 2022
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ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
===================================
R.P.No.285 of 2022
(arising out of the judgment dated 01.02.2022 of the learned Division Bench in WA No.144/2022)
========================================= Dated this the 24th of March, 2022
O R D E R
Alexander Thomas, J.
This petition is seeking review of the judgment dated 01.02.2022 rendered by us in the instant Writ Appeal, WA No.144/2022 arising out of WP(C) No.26680/2021.
RP NO. 285 OF 2022
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this Court in the penultimate paragraph of the impugned judgment in the WA to the extent it relates to the constitution of the Medical Board for consideration of the appeal in question. It is pointed out now by the Review Petitioners that Clause 11 of Annexure A1 guidelines provides for constitution of Medical Board consisting of Head of the Medical Services of the Company, Medical Officer from another Government of India Enterprise / Department and a Specialist concerned. That however, this Court in the penultimate paragraph of the impugned judgment dated 01.02.2022 in the instant WA No.144/2022 has inter-alia directed that on filing of the appeal, the competent authority of the respondent company may refer the matter to the Medical Board of a Government Medical Institution etc. It is pointed out by the Review Petitioners that strict adherence to the norm contained in Clause 11 of Annexure A1 guidelines is necessary in all the cases. Such an objection was not raised before us at the time of rendering of the impugned judgment in the WA. However, since the Review Petitioners are insisting for strict adherence to Clause 11 of Annexure A1 guidelines, we feel that the plea for review could be considered. Clause 11 of Annexure A1 guidelines provides for constitution of Medical Board consisting of :-
(1). Head of the medical services of the Company,
(2). Medical Officer from another Government of India Enterprise / Department and
(3). A specialist concerned.
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Review Petitioners, to ensure that those members are inducted to the Medical Board. However, as regards the 3rd member, the guidelines envisages that the 3rd member shall be a specialist in the concerned specialty. The alleged deficiency attributed to the writ appellant/R1 herein is hearing impairment. As already observed in the judgment under review, such an aspect has to be ascertained professionally, by a qualified specialist in the broad specialty of ENT surgery. In otherwords, such a specialist should have MS degree from ENT surgery. We queried to the Review Petitioners as to whether, to obviate any further delay in the matter, we may direct that a specialist having MS degree in ENT surgery from the Government Medical College, Kalamassery, Ernakulam District or from the State Government owned General Hospital/District Hospital at Ernakulam etc should be inducted. The Review Petitioners have no objections to the said course of action. The R1 herein/writ appellant also concurs to the said suggestion of the Court. Accordingly it is ordered that the review petitioners will immediately constitute a Medical Board consisting of :-
1. Head of the Medical Services Company
Enterprise/Department and
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RP NO. 285 OF 2022
Government owned General District Hospital, Ernakulam etc.
With these observations and directions, the above Review Petition will stand disposed of.
SD/-
ALEXANDER THOMAS
JUDGE
SD/-
VIJU ABRAHAM
JUDGE
Nsd
2 issues framed by the court
Whether the composition of the Medical Board for fitness examination must strictly adhere to the company guidelines.
Whether the required specialist for the Medical Board must possess an MS degree in ENT Surgery.
The Fertilizers and Chemicals Travancore Limited
Kiran Babu K.
District Medical Officer, Ernakulam
Akhil U
Athul Krishnan K
Alexander Thomas
Viju Abraham
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
