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2024 Supreme(Ker) 543

MURALI PURUSHOTHAMAN
A. A. Salim – Appellant
Versus
Labour Court, Kollam Vidya Nagar, Kollam – Respondent


Advocates Appeared:
For the Petitioners: P. Ramakrishnan, Smt. Preethi Ramakrishnan, Sri. T.C. Krishna, Sri. C. Anil Kumar, Sri. Pratap Abraham Varghese, Smt. Asha K. Shenoy.
For the Respondents: Sri. B. Ashok Shenoy, Smt. C.G. Preetha, Sri. P.S. Gireesh, Sri. Riyal Devassy.

JUDGMENT :

The petitioners are respectively the Chairman and Secretary of the Quilon Medical Trust which runs the Travancore Medical College (hereinafter referred to as 'the Management'). The 2nd respondent (hereinafter referred to as 'the worker') was working as Laboratory Assistant in the Medical College Hospital from 02.11.2009. According to the Management, the worker was issued with Exts.P1 and P2 charge memos dated 04.07.2016 and 05.07.2016 alleging serious misconducts. The worker refused to receive the charge sheets and unauthorisedly absented herself from work from 08.07.2016. The charge memos were, therefore, sent to her residential address by registered post. The worker submitted Ext.P3, a reply denying the charges, stating that she was instructed not to attend work, that she has been denied work, and that she is willing to return to work at any time. She also stated that the Trade Union, of which she is a member, raised the dispute regarding denial of her employment before the Management by registered letter dated 08.07.2016 which the Management received on 11.07.2016. The Trade Union also raised the dispute of denial of her employment before the District Labour Officer by

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