JUDGMENT

Petitioner through the instant writ petition seeks the following reliefs: i. To call for the records leading to Exhibit P10 letter of termination after declaring it as illegal, arbitrary and the one issued, not in the procedure established by law;

ii. to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to permit the petitioner to join the duty, after completing all the required formalities, within a time frame fixed by this Hon'ble court.

iii.

To declare that the manner in which the petitioners service is terminated is opposed to the principles of natural justice and against her service conditions.

iv.

To issue such other writ or order or direction as this Hon'ble court may deem fit and proper in the fact and circumstances of the case or as may be prayed from time to time. On the perusal of the reliefs aforementioned, it is basically, the reliefs as couched under the provisions of Section 39 of the Specific Relief Act, 1963. Now the question which arises is in view of the provisions of the contract as well as the Specific Relief Act whether the petitioner in the circumstances, which are enumerated herein below, can seek the indulgence of this Court under Article 226 of the Constitution of India.

2. The facts in brief are that the petitioner, a graduate in the Aviation Course and Diploma holder in Airline Customer Service, secured appointment as a Senior Security Agent in Cochin International Airport under the Air India Airport Services Ltd (AIASL) after a due process of selection conducted by the management in June 2015. The initial appointment was on the basis of fixed term contract agreement which was for a period of three years, and renewed for another period commencing from 16-06-2018 to 15-06-2021. The petitioner's husband is a Navy Personnel working in Mumbai, and so she has to relocate to a rented house near Nedumbassery along with her mother and small kid. While so in August 2018 during the flood days, petitioner and her aged mother were virtually isolated in the rented house, her mother had an accidental fall were rescued from the flood havoc only after three days. Subsequent to the traumatic situations of the flood, the petitioner decided to move to the parental house, wherein she started suffering from severe back pain and was virtually laid up. Petitioner has undergone ayurvedic treatment for a period of one year, facts of which was made known to the respondent employer, periodically, by submitting medical prescriptions issued by Ayurvedic physician via Ext.P4 dated 23-09-2018,

Ext.P6 dated 05-01-2019, Ext.P7 dated 04-04-2019,

Ext.P8 dated 15-06-2019, Ext.P9 dated 12-09-2019 and copy of certificate issued via Ext.P5 dated 30-09-2018. Pertaining to the flood havoc and the debilitated physical condition of the petitioner disabled her from rejoining duty and she took leave by emailing the respondent employer along with the aforementioned medical certificates. Thereafter on 21-07-2019, the petitioner, after recovery, contacted the Cochin Office so as to rejoin duty but was informed that in order to rejoin duty the approval from Chennai Regional Head Office of the Security Wing is required. Therefore on 26- 09-2019 the medical documents were forwarded along with petitioners explanation letter to the Chennai Regional Head Office of the Security, accompanied with a recommendation of the Manager of Cochin. Thereafter, the petitioner was made to contact Chennai office and Cochin office, and was informed that the matter was under consideration of Mumbai HR office. She kept on contacting Cochin, Chennai and Mumbai office but no one was giving a proper reply. Owing to the discrepancies, the petitioner, in the month of December 2019