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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE HARISANKAR V. MENON, J
V.VISWALAL SON OF VISWANATHAN – Appellant
Versus
KERALA STATE BEVERAGES ((manufacturing AND Marketing)) CORPORATION LTD. – Respondent
JUDGMENT :
(HARISANKAR V. MENON, J.)
The petitioner, who was working with the respondent Corporation, has filed the captioned writ petition seeking to challenge Ext.P22 order issued by the 1st respondent herein.
2. The short facts necessary for the disposal of this writ petition are as follows :
The petitioner was working with the respondent Corporation as an Abkari worker. On account of purely emergent reasons - the requirement for bringing his ailing brother who was working abroad, the petitioner states that he applied and obtained a passport and travelled abroad. The afore travel was for around 15 days. The petitioner admits that he did not obtain an NOC from the employer for traveling abroad. Added to this, in the travel documents, the petitioner described himself as a businessman.
3. Citing the afore two reasons (i) not obtaining an NOC from the employer and (ii) describing himself as a businessman in the travel documents, proceedings were taken, and the petitioner was dismissed from service, as evidenced by Ext.P11 dated 17.01.2009. Against Ext.P11, the petitioner filed an appeal before the appellate authority and during the pendency of the appeal as above, he was continuing in se
The warning issued to the petitioner for misconduct does not constitute a valid punishment under the Service Rules, warranting regularization of the absence period as duty.
Termination of service without providing an opportunity to respond to allegations violates natural justice, rendering the action illegal. Administrative resolutions cannot override judicial awards co....
The court ruled that past services of an employee cannot be disregarded for regularization if they meet the criteria set by government circulars and Supreme Court directives.
The main legal point established is that the petitioner's services should have been regularized from 1.1.1999 as per the regularization policy, and the plea of delay and laches was rejected due to th....
The court does not have the power to direct regularization and/or absorption in service unless the recruitment itself was made regularly and in terms of the constitutional scheme. The petitioner fail....
An employee's continuous service is recognized once a termination is set aside, impacting their eligibility for regularization despite initial appointment irregularities.
An employee's long and continuous service reinforces entitlement to regularization, regardless of initial temporary status, especially when compared to similarly situated colleagues.
The main legal point established in the judgment is that the termination of an employee's services must comply with the provisions of the Industrial Disputes Act, including notice and compensation re....
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