Disposed

Sherin Philip v. Shermount College of Arts & Commerce

Kerala HC16 Nov 2022WP(C)/32704/2022

Case brief

AI extract

What is this about?

This petition challenged salary denial during the pandemic. The Court noted summons not served. It adjourned merit hearing, directing the University to complete its own initiated proceedings and report within two months.

What did the court decide?

Directed the competent authority of the University to complete initiated proceedings after hearing all parties within two months.

Sherin Philip Vs Shermount College of Arts… — 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 DEVAN RAMACHANDRAN
WEDNESDAY, THE 16TH DAY OF NOVEMBER 2022 / 25TH KARTHIKA, 1944
WP(C) NO. 32704 OF 2022

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PETITIONERS:

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1 SHERIN PHILIP, PAZHANILATHU HOUSE, PUNCHAVAYAL P.O, KOTTAYAM -686513 (ASSISTANT PROFESSOR, DEPARTMENT OF COMMERCE, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY-686509.)

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2 ULLAS D ELSE, MARUTHOLIL HOUSE, VANCHIMALA P.O, KANJIRAPPALLY, KOTTAYAM-686508 (ASSISTANT PROFESSOR, DEPARTMENT OF COMMERCE, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509)

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3 BLESSY MARIA THOMAS, THANNIPPARA HOUSE, CHAMAMPATHAL P.O CHAMAMPATHAL, KOTTAYAM - 686517. (ASSISTANT PROFESSOR, DEPARTMENT OF COMMERCE, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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4 SHERIN VARKEY, VADUTHALATH HOUSE, EDAKADATHY P.O ARAYANJILIMON - 686510. (ASSISTANT PROFESSOR, DEPARTMENT OF COMMERCE, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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5 JOMIYA MARY SEBASTIAN, PATHYKUNNEL HOUSE CHATHENTHARA P.O. KOLLAMULA-686510. (ASSISTANT PROFESSOR, DEPARTMENT OF COMMERCE, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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6 PINKYMOL M.C, KIRAN NIVAS, KAKKUDUMON P.O, KANNAMPALLY, RANNY- 689711. ASSISTANT PROFESSOR, DEPARTMENT OF COMMERCE, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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7 REESA MATHEW, MUNJANATTUKADUPPIL HOUSE, EDAKADATHY P.O, ARUVACHAMKUZHY- 686510 (ASSISTANT PROFESSOR, DEPARTMENT OF COMMERCE, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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8 SOMY MOL M.S., MUTTUMANNIL HOUSE, MAKKAPUZHA P.O, RANNI689673 (ASSISTANT PROFESSOR, DEPARTMENT OF COMMERCE, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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WPC 32704/22

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9 ANANDHU B. NAIR, MALAMEL HOUSE, MANIMALA P.O, MANIMALA686543 (ASSISTANT PROFESSOR, DEPARTMENT OF COMMERCE, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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10 TEENA PHILO TOM, VAYALUMKAL HOUSE, CHATHENTHARA P.O, NIRAV - 686510 (ASSISTANT PROFESSOR, DEPARTMENT OF COMMERCE, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509.)

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11 ANJU JOSE, AYYANOLIL HOUSE, VECHOOCHIRA P.O, VECHOOCHIRA - 686511 (ASSISTANT PROFESSOR, DEPARTMENT OF ENGLISH, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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12 JIJI JACOB, POONATTU HOUSE, PARATHANAM P.O, PARATHANAM KOTTAYAM-686514 (ASSISTANT PROFESSOR, DEPARTMENT OF ENGLISH, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509.)

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13 NIZAM HUSSAIN P.S., PUTHUPARAMBIL HOUSE, NEAR CMS HS MUNDAKAYAM, KOTTAYAM- 686513 (ASSISTANT PROFESSOR, DEPARTMENT OF ENGLISH, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509.)

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14 BISMI K.H., KALATHIL HOUSE, PALAMPRA P.O, PATTIMATTAM 686518 (ASSISTANT PROFESSOR, DEPARTMENT OF ENGLISH,SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509.)

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15 DHANYA K. PILLAI, DHANYA BHAVAN, KAVUMBHAGOM P.O, CHERUVALLY-686519 (ASSISTANT PROFESSOR, DEPARTMENT OF ENGLISH, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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16 JULIE GEORGE, PUTHUPARAMBIL HOUSE, ANAKKAYAM ROAD, PONKUNNAM P.O, KOTTAYAM- 686506 (ASSISTANT PROFESSOR, DEPARTMENT OF ECONOMICS, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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WPC 32704/22

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17 GEETHU V.R., VAYALIL HOUSE, KORUTHODU P.O, KORUTHODU - 686513 (ASSISTANT PROFESSOR, DEPARTMENT OF ECONOMICS, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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18 JEENA JOHNSON, KALLUKULANGARA HOUSE, VIZIKKATHODE P.O VIZIKKITHODE, KANJIRAPPALLY- K686518 (ASSISTANT PROFESSOR, DEPARTMENT OF ECONOMICS, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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19 DHANYA MADHAVAN, PUTHUPARAMBIL HOUSE, ERUMELY P.O, ERUMELY - 686509 (ASSISTANT PROFESSOR, DEPARTMENT OF COMPUTER, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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20 RINCY MATHEW, PLAMKOOTTATHIL HOUSE, VECHOOCHIRA P.O, VECHOOCHIRA - 686511 (ASSISTANT PROFESSOR, DEPARTMENT OF COMPUTER, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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21 SUMI MOL E H, VARIKKATTU HOUSE, MUTTAPALLY P.O, MUTTAPALLY - 686510 ((ASSISTANT PROFESSOR, DEPARTMENT OF COMPUTER,SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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22 SNEHA SHIBU, CHIRAYIL HOUSE, KANNIMALA P.O, ERUMBOONNIKARA - 68650 (ASSISTANT PROFESSOR, DEPARTMENT OF COMPUTER, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509)

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23 NAYANA JACOB, MANKANTHANAM HOUSE, EDAKADATHY P.O, ARUVACHAMKUZHY- 686510 (ASSISTANT PROFESSOR, DEPARTMENT OF MATHS, SHERMOUNT COLLEGE OF ARTS & COMMERCE, ERUMELY, KANAKAPPALAM PO, ERUMELY – 686509).

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24 CLARIS JOSE, PALLIVATHUKAL HOUSE ERUMELY P.O ERUMELY, KOTTAYAM 686513.

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25 AKHILA K.P, PAMBAKOTTU HOUSE, THEKKEMALA P.O, KOZHENCHERRY- 689654.

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WPC 32704/22

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26 RENJITHA B, VAZHATHARAYIL HOUSE, ARUMANOOR P.O, KOTTAYAM686564.

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27 DHANYA K THAMPI, KADAPLACKAL HOUSE, PLASSANAL P.O, THALAPPULAM.

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BY ADV JOSY ANTONY

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RESPONDENTS:

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1 SHERMOUNT COLLEGE OF ARTS & COMMERCE KANAKAPPALAM PO, ERUMELY, KOTTAYAM - 686509 REPRESENTED BY ITS CHAIRMAN.

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2 REV. FR. JOSEPH JOHN, THE MANAGER, SHERMOUNT COLLEGE OF ARTS & COMMERCE, KANAKKAPPALAM PO, ERUMELY, KOTTAYAM – 686509.

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3 THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS POST, UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM 686560.

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4 REV. FR. WILLIAMS LONAN, SECRETARY, SHERMOUNT COLLEGE, OF ARTS AND COMMERCE, BELIEVERS CHURCH RESIDENTIAL SCHOOL (BELIEVERS EDUCATION BOARD, ST. THOMAS NAGAR, KUTTAPUZHA PO, THIRUVALLA - 689103.

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SRI.SURIN GEORGE IPE -SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

WPC 32704/22

JUDGMENT

The petitioners allege that, even though they worked during the COVID-19 Pandemic period through online platform as Assistant Professors, they have been denied salary by the Management of the 1 st respondent – College. They say that, therefore, they have approached the Mahatma Gandhi University with a complaint, but that since no action has been taken thereon, they have been constrained to approach this Court through this Writ Petition.

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2 . The afore submissions made by Sri.Josy Antony – learned counsel for the petitioners, were, however, answered by Sri.Surin George Ipe – learned Standing Counsel for the University, saying that the petitioners’ request has been taken cognizance of the University and that they have been issued with

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a notice to them and to the College fixing date of appearance as 28.11.2022. He submitted that if this Court is so inclined, said processes can be completed without any delay after hearing both sides.

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WPC 32704/22

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3 . I notice from the files that summons issued to

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respondents 1,2 and 4 from this Court have not yet been served.

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I do not, however, deem it necessary to keep this Writ Petition

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pending because of the limited directions I propose herein.

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4 . As noticed above, the University takes the stand that

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they have already initiated action without orders from this Court. Obviously, if this action is statutory in nature, which it appears to be, I am certain that it should be allowed to be continued

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culminating in appropriate proceedings.

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Resultantly, acceding to the request of Sri.Surin George Ipe as afore, I order this Writ Petition with a direction to the competent Authority of the University to complete proceedings as initiated by them, after hearing the petitioners, as also respondents 1,2 and 4, or any other person who may be interested; thus culminating in an appropriate order and necessary action thereon, within a period of two months from the date of receipt of a copy of this judgment.

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I make it clear that I have not considered the merits of

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any of the contentions of the parties and therefore, that they are

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WPC 32704/22

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all left open to be decided by the competent Authority of the

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University while the afore exercise is completed.

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Sd/-

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RR

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DEVAN RAMACHANDRAN

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JUDGE

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WPC 32704/22

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APPENDIX OF WP(C) 32704/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS BEFORE THE
1ST RESPONDENT.
Exhibit P2TRUE COPY OF THE PROSPECTS OF THE
COLLEGE.

Sherin Philip v. Shermount College of Arts & Commerce

Case brief

What is this about?

What did the court decide?

Sherin Philip v. Shermount College of Arts & Commerce

Case brief

What is this about?

What did the court decide?

What the court decided

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