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2021 Supreme(Ker) 231

A.M.BADAR
Kerala Medical Services Corporation Ltd. – Appellant
Versus
Preetha T. S. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. M. Ajay.

JUDGMENT :

A.M. BADAR, J.

1. Heard the learned counsel appearing for petitioners.

2. Learned counsel appearing for petitioners drew my attention to the contract for appointment at Ext.P2 dated 22.02.2014 entered into between the petitioner-employer and the 1st respondent-workman for the period from 22.02.2014 to 21.02.2015. Thereafter my attention is also drawn to the contract of employment at Ext.P5 dated 01.04.2015 for the period from 01.04.2015 to 30.03.2016. Learned counsel for petitioners accepted the fact that the 1st respondent was in employment with them from 22.02.2014 to 01.09.2016 with a break of only one day during that period. It is argued that according to the terms of contract, the 1st respondent was to be terminated at any time by the competent authority of the petitioner-Corporation if she is found guilty of any insubordination, misconduct etc. or if it is proved beyond doubt that the Corporation has incurred loss, damage etc. due to willful act of the 1st respondent so also if the 1st respondent is incapable of discharging the duties upto the desired level assigned to the post for which she bound to do according to the job demand.

3. Learned counsel for the petitioner

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