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2025 Supreme(Online)(Ker) 43059

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD. – Appellant
Versus
V. VISWALAL – Respondent


Advocates:
For the Appellants/Petitioners: SRI.NAVEEN.T.
For the Respondents: SMT.REKHA VASUDEVAN

Sushrut Arvind Dharmadhikari, J.

The present intra-court appeal assails the judgment dated

10.02.2025 passed in W.P(C)No.28596 of 2019 whereby the writ petition filed by the respondent herein has been disposed of in his favour. The appellants are the respondents in the writ petition.

2. The brief facts of the case are that while the respondent was working with the appellant Corporation as an Abkari worker, on account of purely emergent reasons, ie; the requirement for bringing his brother to India, who was ailing and working abroad, he obtained a passport and travelled abroad for around 15 days without obtaining No Objection Certificate from the appellants for travelling abroad and also did not disclose that he was an employee of the appellant Corporation, but he pretended to be a businessman. Citing the aforementioned two reasons, namely; (1)for not obtaining No Objection Certificate from the employer and (2) pretending himself as a businessman in the travel documents, proceedings were taken up and the respondent was dismissed from service as per Ext.P11 dated 17.01.2009. Thereafter the respondent preferred an appeal before the appellate Authority. During the pendency of the appeal,

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