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HARISANKAR V. MENON
Santhosh P. C. , S/o. N. K. Chakrapani – Appellant
Versus
Kerala State Bevarages (Manufactoring & Marketing) Corporation Ltd. – Respondent
JUDGMENT :
Harisankar V. Menon, J.
These writ petitions have been filed by the employees of the Kerala State Beverages (Manufacturing and Marketing) Corporation Limited (for short, the “respondent Corporation”), challenging certain circulars issued by the Managing Director of the respondent Corporation as well as the steps taken on that basis.
2. The facts as culled out from W.P(C) No.32713 of 2019 are as under:
The petitioner was working as an abkari worker (Salesman) in an outlet of the respondent Corporation at Changanassery. He contends that he joined duty at the Changanassery outlet during the month of August, 2018 as a prelude for the Onam season sales. He points out that Ext.P4 complaint was presented to the Warehouse Manager, Kottayam, pointing out certain discrepancies in the stock. He further alleges that by Ext.P5 notice dated 08.05.2019, the respondent Corporation has arrived at a shortage in stock in the afore shop, and by Ext.P6 dated 01.06.2019, a liability of Rs.53,21,973/- is sought to be demanded from the petitioner as well as all others who were working in the afore shop. Ext.P6 also reveals that the Warehouse Manager was also directed to satisfy certain amounts. The
Circulars imposing employee liability without following prescribed procedures violate natural justice and are deemed illegal.
The Managing Director of the Corporation lacks authority to issue circulars imposing employee liabilities without adhering to disciplinary procedures outlined in the Service Rules, violating principl....
Retired employees cannot be penalized with recovery from retiral dues without prior disciplinary proceedings being initiated during service, upholding procedural compliance under relevant regulations....
The terms and conditions of employment of both the petitioner and the respondent No.7 crystallized with the acceptance of the appointment letter dated March 25, 2013 in case of the applicant/writ pet....
The SGPC's Service Rules are statutory, making writ petitions against it maintainable; benefits can be withheld pending inquiry only if procedural compliance ensures no prejudice occurs.
Payment of Gratuity Act, 1972, would deal with, not merely statutory corporations, but various other employer bodies which are non statutory bodies, like registered companies/registered societies and....
A statutory corporation has the power to terminate the services of its employees under Rule 13 or Regulation 17, depending on the nature of the case. The termination of service under Rule 13 is valid....
Disciplinary proceedings cannot continue post-retirement without specific provisions, and recovery from retirement benefits is impermissible without legal authority.
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