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2022 Supreme(Online)(KER) 52813

HIGH COURT OF KERALA
AMIT RAWAL, J
BHARAT PETROLEUM CORPORATION LIMITED – Appellant
Versus
THE GENERAL SECRETARY – Respondent


Advocates:
P.BENNY THOMAS, SRI.D.PREM KAMATH, S.SREEKUMAR (SR.), SRI.RAJAGOPALAN.A., CGC P.MARTIN JOSE, P.PRIJITH THOMAS, P.KURUVILLA, R.GITHESH, AJAY BEN JOSE, MANJUNATH MENON, ANNA LINDA V., J HARIKRISHNAN, S.SACHIN JACOB, AMBAT

JUDGMENT

The two writ petitions W.P(C).Nos.27781 of 2019 and 30243 of 2021 arise from a series of chronological events between the petitioner management Bharat Petroleum Corporation Ltd. and the workman.

2. While serving the petitioner management, the workman Sri.P.N.Surendran Nair was involved in certain misconducts and the management initiated Disciplinary action against the workman under the provisions of standing orders applicable to him. When the management initiated disciplinary action against the then ambulance driver Sri M.K. Gopinathan for causing undue delay in taking ambulance to shift a patient who had suffered a massive cardiac arrest at his residence and was declared dead when reached hospital, the workman in his capacity as General Secretary of the respondent trade union, resorted to strong arm twisting tactics and attempted to unduly influence two key witnesses in the domestic enquiry, two staff nurses who were on duty at the time of incident. The workman along with Gopinathan prevented the two staff nurses, obstructed and abused them from discharging official duties, for which they submitted written complaint against the workman and Gopinathan as evident from Exts.P

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