Partly allowed

Mahesh M.M. v. the Managing Director

Kerala HC30 May 2022WP(C)/16520/2022

Case brief

AI extract

What is this about?

Petitioners employees of Kerala Books and Publications Society challenged suspension order issued on 10.05.2022 following an alleged assault incident. Court directed 1st respondent to consider petitioners representations regarding suspension within one week without expressing opinion on merits of criminal allegations.

What did the court decide?

1st respondent directed to consider petitions representations on suspension within week of judgment. No opinion on merits of criminal allegations expressed.

Mahesh M.M. Vs the Managing Director — Labour and Industrial Disputes | Kerala HC (2022)

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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 V.G.ARUN

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MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944
WP(C) NO. 16529 OF 2022

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PETITIONER/S:

¶6

VIBIN M. M.
AGED 39 YEARS
S/O T. K. MANI, MANNATHIPARAMBU HOUSE, NETTOOR P. O.,
ERNAKULAM, KERALA- 682040.
BY ADVS.
M.R.DHANIL
JISHY P.S.
SENITTA P. JOJO

¶7

RESPONDENT/S:

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1 THE MANAGING DIRECTOR KERALA BOOKS AND PUBLICATIONS SOCIETY, KAKKANAD P. O., ERNAKULAM, KERALA - 682030.

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2 KERALA BOOKS AND PUBLICATIONS SOCIETY KAKKANAD P. O., ERNAKULAM, KERALA- 682030, REPRESENTED BY ITS MANAGING DIRECTOR.

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OTHER PRESENT:

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SC LATHA ANAND

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.05.2022, ALONG WITH WP(C).16520/2022, 16522/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

WP(C) NO.16522 of 2022 and connected cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶17

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶18

MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944
WP(C) NO. 16520 OF 2022

¶19

PETITIONER/S:

¶20

MAHESH M.M.
AGED 41 YEARS
S/O.MOHANAN, THRIKKAKARA P.O., ERNAKULAM, KERALA -
682021.

¶21

BY ADVS.
M.R.DHANIL
JISHY P.S.
SENITTA P. JOJO

¶22

RESPONDENT/S:

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1THE MANAGING DIRECTOR
KERALA BOOKS AND PUBLICATIONS SOCIETY, KAKKANAD
P.O., ERNAKULAM, KERALA - 682 030.
2KERALA BOOKS AND PUBLICATIONS SOCIETY
KAKKANAD P.O., ERNAKULAM, KERALA - 682 030,
REPRESENTED BY ITS MANAGING DIRECTOR.

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OTHER PRESENT:

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SC LATHA ANAND

¶26

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.05.2022, ALONG WITH WP(C).16529/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶27

WP(C) NO.16522 of 2022 and connected cases

¶28

¶29

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶30

PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

¶32

MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944
WP(C) NO. 16522 OF 2022

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PETITIONER/S:

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VISAKH K.V.
AGED 35 YEARS
S/O VISWAMBARAN I. C., KANIYAPPILLY HOUSE, VENNALA
P. O., ERNAKULAM, KERALA- 682028.
BY ADVS.
M.R.DHANIL
JISHY P.S.
SENITTA P. JOJO

¶35

RESPONDENT/S:

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1THE MANAGING DIRECTOR, KERALA BOOKS AND PUBLICATIONS
SOCIETY

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KAKKANAD P. O., ERNAKULAM, KERALA- 682030.

¶38

2KERALA BOOKS AND PUBLICATIONS SOCIETY
KAKKANAD P.O., ERNAKULAM, KERALA- 682030,
REPRESENTED BY ITS MANAGING DIRECTOR.

¶39

OTHER PRESENT:

¶40

SC LATHA ANAND

¶41

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.05.2022, ALONG WITH WP(C).16529/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶42

WP(C) NO.16522 of 2022 and connected cases

¶43

¶44

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶45

PRESENT

¶46

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶47

MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944
WP(C) NO. 16526 OF 2022

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PETITIONER/S:

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REJI K RAJAN,
AGED 41 YEARS
S/O RAJAN, KALANGATTU HOUSE, KUSSUMAGIRI P.O.,
ERNAKULAM, KERALA- 682030.

¶50

BY ADVS.
M.R.DHANIL
JISHY P.S.
SENITTA P. JOJO

¶51

RESPONDENT/S:

¶52

1THE MANAGING DIRECTOR,
KERALA BOOKS AND PUBLICATIONS SOCIETY, KAKKANAD
P.O., ERNAKULAM, KERALA- 682030.

¶53

2KERALA BOOKS AND PUBLICATIONS SOCIETY,
KAKKANAD P.O., ERNAKULAM, KERALA- 682030,
REPRESENTED BY ITS MANAGING DIRECTOR.

¶54

OTHER PRESENT:

¶55

SC LATHA ANAND

¶56

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.05.2022, ALONG WITH WP(C).16529/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶57

WP(C) NO.16522 of 2022 and connected cases

¶58

¶59

JUDGMENT

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Dated this the 30^th day of May, 2022

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Petitioners are employed at the Kerala Books and Publications Society (‘KBPS’ for short), Kakkanad. They are aggrieved by Ext.P6 order dated 10.05.2022, placing them under suspension pending enquiry. The incident which resulted in petitioners suspension took place on 30.04.2022. The petitioners are alleged to have assaulted the Store Manager of KBPS by name ‘Madhu’ outside the gate of the Society at about 8:45 AM on 30.4.2022. The incident has resulted in crimes being registered against the petitioners and the alleged victim.

¶62

Learned Counsel for the petitioner submitted that the alleged victim (Madhu) was the real aggressor and it was the petitioners who suffered injury. Although complaint submitted by the petitioners at the first point of time, the FIR was registered belatedly. Learned Counsel referred to certain Clauses in the Standing Orders of the KBPS to contend that, since the incident had taken place outside the premises of the KBPS, the petitioners cannot be subjected to disciplinary action.

¶63

3.Learned Standing Counsel submitted that the genuineness

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WP(C) NO.16522 of 2022 and connected cases

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6

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or otherwise of the alleged incident can be decided only after conducting a proper and thorough enquiry. The incident having resulted in breach of discipline, adversely affecting the smooth functioning of the KBPS, the petitioners had to be placed under suspension, to ensure smooth functioning of the establishment.

¶67

Having heard the learned Counsel on either side and having gone through the records, I am of the considered opinion that, pending the disciplinary proceedings, authority is bound to consider the request for revocation of suspension submitted by the petitioners. Therefore, without expressing anything on the merits of the contentions urged, the 1^st respondent is directed to consider Exts.P8 and P9 representations submitted by the petitioners and pass appropriate orders thereon within one week of receipt of a copy of this judgment.

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Sd/V.G ARUN JUDGE

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¶70

WP(C) NO.16522 of 2022 and connected cases

¶71

¶72

APPENDIX OF WP(C) 16529/2022

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`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P1`	`TRUE COPY`	`OF THE`	`RECEIPT DATED 30.04.2022.`
`Exhibit`	`P2`	`TRUE COPY` `THRIKKAKAR`	`OF THE` `A POLIC`	`F.I.R. NO. 407/2022 OF` `E STATION.`
`Exhibit`	`P3`	`TRUE COPY` `THRIKKAKAR`	`OF THE` `A POLIC`	`F.I.R. NO. 405/2022 OF` `E STATION.`
`Exhibit`	`P4`	`TRUE COPY` `30.04.2022` `CO-OPERATI` `993.`	`OF THE` `OF THE` `VE HOSP`	`INTIMATION DATED` `THRIKKAKARA MUNICIPAL` `ITAL SOCIETY LTD. NO. E-`
`Exhibit`	`P5`	`TRUE COPY` `WOUND CERT` `THRIKKAKAR` `HOSPITAL S` `30.04.2022`	`OF THE` `IFICATE` `A MUNIC` `OCIETY` `.`	`ACCIDENT REGISTER CUM` `ISSUED BY THE` `IPAL CO-OPERATIVE` `LTD. NO. E-993 DATED`
`Exhibit`	`P6`	`TRUE COPY` `10.05.2022`	`OF THE` `BY THE`	`SUSPENSION ORDER DATED` `1ST RESPONDENT.`
`Exhibit`	`P7`	`TRUE COPY` `THE KBPS,`	`OF THE` `DATED 2`	`STANDING ORDER BINDING TO` `5.10.1979.`
`Exhibit`	`P8`	`TRUE COPY` `05-2022.`	`OF THE`	`REPRESENTATION DATED 06-`
`Exhibit`	`P9`	`TRUE COPY` `05-2022.`	`OF THE`	`REPRESENTATION DATED 21-`

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WP(C) NO.16522 of 2022 and connected cases

¶75

¶76

APPENDIX OF WP(C) 16520/2022

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`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P1`	`TRUE COPY OF`	`THE`	`RECEIPT DATED 30/04/2022.`
`Exhibit`	`P2`	`TRUE COPY OF` `THRIKKAKARA`	`THE` `POLIC`	`F.I.R.NO.407/2022 OF` `E STATION.`
`Exhibit`	`P3`	`TRUE COPY OF` `THRIKKAKARA`	`THE` `POLIC`	`F.I.R.NO.405/2022 OF` `E STATION.`
`Exhibit`	`P4`	`TRUE COPY OF` `30/04/2022 O` `CO-OPERATIVE` `993.`	`THE` `F THE` `HOSP`	`INTIMATION DATED` `THRIKKAKARA MUNICIPAL` `ITAL SOCIETY LTD.NO. E-`
`Exhibit`	`P5`	`TRUE COPY OF` `WOUND CERTIF` `THRIKKAKARA` `HOSPITAL SOC` `30/04/2022.`	`THE` `ICATE` `MUNIC` `IETY`	`ACCIDENT REGISTER CUM` `ISSUED BY THE` `IPAL CO-OPERATIVE` `LTD., NO.E-993 DATED`
`Exhibit`	`P6`	`TRUE COPY OF` `10/05/2022 B`	`THE` `Y THE`	`SUSPENSION ORDER DATED` `1ST RESPONDENT.`
`Exhibit`	`P7`	`TRUE COPY OF` `THE KBPS, DA`	`THE` `TED 2`	`STANDING ORDER BINDING TO` `5/10/1979.`
`Exhibit`	`P8`	`TRUE COPY OF` `06/05/2022`	`THE`	`REPRESENTATION DATED`
`Exhibit`	`P9`	`TRUE COPY OF` `21/05/2022`	`THE`	`REPRESENTATION DATED`

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WP(C) NO.16522 of 2022 and connected cases

¶79

¶80

APPENDIX OF WP(C) 16522/2022

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`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P1`	`TRUE COPY OF THE`	`RECEIPT DATED 30.04.2022.`
`Exhibit`	`P2`	`TRUE COPY OF THE` `THRIKKAKARA POLIC`	`F.I.R. NO. 407/2022 OF` `E STATION.`
`Exhibit`	`P3`	`TRUE COPY OF THE` `THRIKKAKARA POLIC`	`F.I.R. NO. 405/2022 OF` `E STATION.`
`Exhibit`	`P4`	`TRUE COPY OF THE` `30.04.2022 OF THE` `CO-OPERATIVE HOSP` `993.`	`INTIMATION DATED` `THRIKKAKARA MUNICIPAL` `ITAL SOCIETY LTD. NO. E-`
`Exhibit`	`P5`	`TRUE COPY OF THE` `WOUND CERTIFICATE` `THRIKKAKARA MUNIC` `HOSPITAL SOCIETY` `30.04.2022.`	`ACCIDENT REGISTER CUM` `ISSUED BY THE` `IPAL CO-OPERATIVE` `LTD. NO. E-993 DATED`
`Exhibit`	`P6`	`TRUE COPY OF THE` `10.05.2022 BY THE`	`SUSPENSION ORDER DATED` `1ST RESPONDENT.`
`Exhibit`	`P7`	`TRUE COPY OF THE` `THE KBPS, DATED 2`	`STANDING ORDER BINDING TO` `5.10.1979.`
`Exhibit`	`P8`	`TRUE COPY OF THE` `06/05/2022`	`REPRESENTATION DATED`
`Exhibit`	`P9`	`TRUE COPY OF THE` `21/05/2022`	`REPRESENTATION DATED`

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WP(C) NO.16522 of 2022 and connected cases

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10

¶84

APPENDIX OF WP(C) 16526/2022

¶85

`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P1`	`TRUE COPY OF THE`	`RECEIPT DATED 30.04.2022.`
`Exhibit`	`P2`	`TRUE COPY OF THE` `THRIKKAKARA POLIC`	`F.I.R. NO. 407/2022 OF` `E STATION.`
`Exhibit`	`P3`	`TRUE COPY OF THE` `THRIKKAKARA POLIC`	`F.I.R. NO. 405/2022 OF` `E STATION.`
`Exhibit`	`P4`	`TRUE COPY OF THE` `30.04.2022 OF THE` `CO-OPERATIVE HOSP` `993.`	`INTIMATION DATED` `THRIKKAKARA MUNICIPAL` `ITAL SOCIETY LTD., NO. E-`
`Exhibit`	`P5`	`TRUE COPY OF THE` `WOUND CERTIFICATE` `THRIKKAKARA MUNIC` `HOSPITA! SOCIETY` `30.04.2022.`	`ACCIDENT REGISTER CUM` `ISSUED BY THE` `IPAL CO-OPERATIVE` `LTD., NO. E-993 DATED`
`Exhibit`	`P6`	`TRUE COPY OF THE` `10.05.2022 BY THE`	`SUSPENSION ORDER DATED` `1ST RESPONDENT.`
`Exhibit`	`P7`	`TRUE COPY OF THE` `THE KBPS, DATED 2`	`STANDING ORDER BINDING TO` `5.10.1979.`
`Exhibit`	`P8`	`TRUE COPY OF THE` `06/05/2022`	`REPRESENTATION DATED`
`Exhibit`	`P9`	`TRUE COPY OF THE` `21/05/2022`	`REPRESENTATION DATED`

Mahesh M.M. v. the Managing Director

Case brief

What is this about?

What did the court decide?

Mahesh M.M. v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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