Disposed

Biju P, v. Kannur International Airport Ltd.

Kerala HC2 Apr 2025WP(C)/44163/2024

Case brief

AI extract

What is this about?

Single Bench Writ Petition arising from suspension order against a contract employee. Upon undertaking to resign and accept the resignation without stigma, the Court closed the petition with directions for withdrawal of suspension and waiver of notice period.

What did the court decide?

Withdraw suspension order; accept resignation simpliciter without stigma; waive three months notice period and salary in lieu of notice.

Biju P, Vs Kannur International Airport Ltd. — Contract and Commercial Disputes | Kerala HC (2025)

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W.P.(C) No. 44163 of 2024

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2025:KER:28048

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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 D. K. SINGH

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WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947

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WP(C) NO. 44163OF 2024

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PETITIONER:

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BIJU P,
AGED 51 YEARS, S/O. UTHAMAN TV,
SENIOR MANAGER / HEAD (HR),
KANNUR INTERNATIONAL AIR PORT LTD.,
P.O. MATTANNUR, KANNUR, PIN – 670708.

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BY ADVS.
T. K. SREEKALA
RUKHIYABI MOHD KUNHI(K/809/2009)
S. PARVATHI(K/000823/2015)
NIKITHA SUSAN PAULSON(K/001533/2019)
UTHARA ASOKAN(K/001361/2020)
ANAND GEO(K/2561/2023)
K. I. MAYANKUTTY MATHER (SR.) (K/272/1984)

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RESPONDENTS:

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1 KANNUR INTERNATIONAL AIRPORT LTD., P. O. MATTANNUR, KANNUR, REPRESENTED BY MANAGING DIRECTOR, DINESH KUMAR C., PIN – 670708.

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2 ASWANI KUMAR V. K.,
CHIEF OPERATING OFFICER KANNUR INTERNATIONAL
AIRPORT LTD, P. O. MATTANNUR, KANNUR,
PIN – 670708.

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3 ABY EAPEN,
COMPANY SECRETARY,
KANNUR INTERNATIONAL AIRPORT LTD,
P.O.MATTANNUR, KANNUR, PIN – 670708.

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W.P.(C) No. 44163 of 2024

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2025:KER:28048

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4 PARVATHI AMMAL,
CHAIRPERSON, VIGIL MECHANISM – KANNUR
INTERNATIONAL AIRPORT R KRISHNA AND IYER,
NO. 134, JYOTHI BULDING, PANAMPILLY NAGAR MAIN
ROAD, ERNAKULAM, PIN – 682036.

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5 MINISTRY OF CORPORATE AFFAIRS.
A" WING SHASTRI BHAWAN GARAGE, NO.14,
DR RAJENDRA PRASAD RD, NEW DELHI, DELHI,
PIN – 110001.

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6 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY. SECRETARIAT, THIRUVANATHAPURAM, PIN – 695001.

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BY ADVS.
M. GOPIKRISHNAN NAMBIAR
M/S. MENON & PAI, ADVOCATES
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
POOJA MENON(K/971/2018)
E. K. NANDAKUMAR (SR.)(N-23)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 44163 of 2024

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2025:KER:28048

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D. K. SINGH, J.

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-------------------------- W.P.(C) No. 44163 of 2024

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Dated this the 2^nd day of April, 2025

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JUDGMENT

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Heard Mr. K. I. Mayankutty Mather, the learned Senior Counsel assisted by Ms. Uthara Asokan for the petitioner and Mr. E. K. Nandakumar, learned Senior Counsel assisted by Ms. Pooja Menon for the respondent Company.

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The present writ petition is filed against the suspension order dated 02.12.2024 in Exhibit P-8 placing the petitioner under suspension from the post of Head (Human Resources) pending disciplinary proceedings against him.

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The petitioner is employed as Head (HR) in the respondent Company on contract basis. The initial appointment of the petitioner was for a period of three years w.e.f. 27.11.2018 which was further extended for another three years i.e. up to 26.11.2024. Thereafter, the period of contract has been further extended for a period of one year i.e. up to 26.11.2025.

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During the currency of the extended period of one year, the petitioner has been placed under suspension vide the impugned

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W.P.(C) No. 44163 of 2024

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2025:KER:28048

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order in Exhibit P-8 as referred above.

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The terms of contract of appointment would give liberty to either side to terminate the contract of employment during the contract period by three months’ notice on writing on either side or on payment of three months’ salary in lieu of notice. The Clause ‘vi’ of the appointment offer also read that no notice or notice pay will be required if termination is for any misconduct.

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Mr. E. K. Nandakumar, learned Senior Counsel for the respondent Company submits that once the petitioner submits his resignation, the respondent Company would withdraw the suspension order, and they will accept the resignation, and the petitioner will also not required to pay three months salary for the notice period. The notice period of three months shall be waived off. 7. Mr. Mayankutty Mather, the learned Senior Counsel for the petitioner submits that the petitioner will submit the resignation by tomorrow (03.04.2025).

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If the petitioner submits the resignation, the same shall be accepted simpliciter without any stigma attached to it and without mentioning any disciplinary proceedings or suspension order against the petitioner. The three months notice period shall also be waived

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W.P.(C) No. 44163 of 2024

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2025:KER:28048

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off. The petitioner shall not pay the three months salary in lieu of the three months’ notice period.

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With the above directions and undertakings, the present writ petition is hereby closed.

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Sd/-

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D. K. SINGH JUDGE

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Svn

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W.P.(C) No. 44163 of 2024

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2025:KER:28048

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APPENDIX OF WP(C) 44163/2024

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PETITIONER EXHIBITS

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EXHIBIT P1 A TRUE COPY OF LETTER OF EXTENSION OF
CONTRACT NO. KIAL/MD/003/2024-25/1.31 DATED
26.11.2024 ISSUED BY THE 1ST RESPONDENT IN
FAVOR OF PETITIONER
EXHIBIT P2 A TRUE COPY OF LETTER DATED 12.2.2024 SENT
TO 1ST RESPONDENT
EXHIBIT P3 A TRUE COPY OF EMAIL DATED 17.4.2024 SEND BY
3RD RESPONDENT
EXHIBIT P4 A TRUE COPY OF EMAIL DATED 24.4.2024 SEND TO
1ST RESPONDENT
EXHIBIT P5 A TRUE COPY OF EMAIL DATED 20.11.2024 ISSUED
BY ASWANI KUMAR, 2ND RESPONDENT TO THE
PETITIONER
EXHIBIT P6 A TRUE COPY OF EMAIL DATED 27.11.2024 ISSUED
TO 1ST RESPONDENT WITH COPY FORWARDED TO 2ND
RESPONDENT
EXHIBIT P7 A TRUE COPY OF COMPLAINT FILED BY THE
PETITIONER DATED 3.12.2024 SEND THROUGH
REGISTERED POST AS WELL AS THROUGH EMAIL TO
THE 4THRESPONDENT
EXHIBIT P8 A TRUE COPY OF SUSPENSION LETTER DATED
2.12.2024 ISSUED BY 1ST RESPONDENT
EXHIBIT P9 A TRUE COPY OF DISCIPLINARY PROCEDURE OF 1ST
RESPONDENT
EXHIBIT P10 TRUE RELEVANT EXTRACT OF THE APPROVED HR
MANUAL OF KANNUR INTERNATIONAL AIRPORT LTD.
(VERSION 1.1.2022)
EXHIBIT P11 TRUE RELEVANT EXTRACT OF THE VIGIL MECHANISM
(WHISTLE BLOWER POLICY) OF KANNUR
INTERNATIONAL AIRPORT LTD.

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W.P.(C) No. 44163 of 2024

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2025:KER:28048

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EXHIBIT P12 TRUE COPY OF THE SHOW CAUSE NOTICE DATED
12.12.2024 ISSUED BY THE 1ST RESPONDENT TO
THE PETITIONER
EXHIBIT P13 TRUE COPY OF THE EXPLANATION TO THE SHOW
CAUSE NOTICE DATED 12.12.2024 SUBMITTED BY
THE PETITIONER ON 18.12.2024
EXHIBIT P14 TRUE COPY OF THE PROCEEDING ISSUED BY THE
1ST RESPONDENT EXTENDING THE ORDER OF
SUSPENSION ON 28.01.2025
EXHIBIT P15 : TRUE COPY OF THE RESPONSE TO EXT.P14
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT DATED 05.02.2025
EXHIBIT P16 TRUE COPY OF THE CHARGE MEMO DATED
06.02.2025 SERVED ON THE PETITIONER

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EXHIBIT P17 TRUE COPY OF THE APPOINTMENT LETTER GIVEN TO
THE PETITIONER DATED 21.11.2018

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EXHIBIT P18 TRUE COPY OF THE OFFICE ORDER –
KIAL/MD/003/2024-2025 DATED 25-11-2024

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RESPONDENT EXHIBITS

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EXHIBIT R1(A) TRUE COPY OF THE PRESENT SHARE HOLDING
PATTERN OF THE 1ST RESPONDENT, AS ON
21.03.2025
EXHIBIT R1(B) TRUE COPY OF THE EMAIL DATED 20.11.2024
(INCLUDING MAIL TRAIL) VIDE WHICH THE CHIEF
OPERATING OFFICER CALLED UPON THE
PETITIONER, REQUESTING HIM TO PROVIDE HIS
PAST 5 YEARS’ PERFORMANCE APPRAISAL RECORDS
EXHIBIT R1(C) TRUE COPY OF THE NOTICE ISSUED BY THE
ENQUIRY OFFICER, DATED 28.02.2025. TO THE
PETITIONER

Biju P, v. Kannur International Airport Ltd.

Case brief

What is this about?

What did the court decide?

Biju P, v. Kannur International Airport Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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