2026:MHC:2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.11.2025

CORAM

THE HONOURABLE MRS. JUSTICE N.MALA

WP.No.16964/2022

1.KM NU Hospital

C/o.Nu Hospitals, rep.by its

Managing Director, Dr.Prasanna Venkatesh

M.K.Solur, Ambur, Thirupattur District.

2.Dr.Prasanna Venkatesh S/o.Late Murali Kanthiraj

KMNU Hospitals, Solur

Ambur, Thirupattur District 635 802.

Tamil Nadu. .. Petitioners

Versus

1.Dr.Beney Benjamin

''Bobency'', LVMRA-113A

Vachiyoor Post,

Trivandrum 695031,

Kerala.

2.The Joint Commissioner of Labour

Labour Office, Melmonavoor

Vellore Taluk, Vellore District. .. Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned Award dated 17.05.2022 passed by the 2^nd respondent in Na.Ka.No.C1/1198/2022 and to quash the same by confirming the discontinue of service of the 1^st respondent.

For Petitioners : Mr.P.Vinoth Raj For R1 : Mr.Abhijeett Lessli For R2 : Mrs.M.Jayanthy, AGP

ORDER

(1)The writ petition is filed to quash the Award dated 17.05.2022 passed by the 2^nd respondent/Joint Commissioner, in Na.Ka.No.C1/1198/2022, by confirming the discontinuity of service of the 1^st respondent.

(2)The facts in brief, are as follows:

(3)KMNU Hospital is a multi-speciality hospital having its registered office in Karnataka and having branches in Shimoga and Bangalore. The petitioner/Hospital, in the year 2020, opened a Speciality Hospital in Urology at Ambur. The Hospital appointed necessary staff, nurses and doctors for its Branch at Ambur. The 1^st respondent was appointed as Consultant on 03.11.2020, by executing an Agreement on terms and conditions stated therein. As per the aforesaid Agreement dated 03.11.2020, the 1^st respondent was paid a fee of Rs.1,10,000/- per month and an additional amount of Rs.15,000/- per month, was kept aside to be paid in lump sum on completion of twelve months of service. Even though, due to Covid-19 pandemic, the Hospital Management did not earn profit, it nevertheless paid the fee to the Consultants. Initially, the 1^st respondent rendered her services as per the Agreement. However, on 23.10.2021, the 1^st respondent sent an e-mail to the HR of the Hospital, stating that she would be unavailable for three weeks since she was in first Trimester of pregnancy and requested for three weeks leave, which leave was also sanctioned by the HR. Due to lack of doctors in the department of the 1^st respondent, the 1^st respondent was directed to join duty as soon as possible. However, the 1^st respondent refused to join and informed the HR that she will not be attending duty henceforth. While so, on 31.12.2021, an e-mail was sent to the 1^st respondent, informing her that since she did not report for duty subsequent to the expiry of her leave period, it was decided to discontinue her services. The 1^st respondent was directed to complete the formalities and to vacate the Hospital Quarters on or before 08.01.2022. The 1^st respondent sent her reply through e- mail., and later, the HR of the Hospital sent a mail to the 1^st respondent informing her that full and final settlement of her dues were sent to her Bank account and that, there were no dues. While so, the 1^st respondent lodged a complaint before the Secretary to Government [Labour and Employment] Department, against her illegal termination on the ground of non-issuance of termination order and for deprivation of maternity benefits. The complaint was transferred to the 2^nd respondent, who upon completion of enquiry, allowed the claim as sought for by the 1^st respondent vide impugned order dated 17.05.2022. Aggrieved by the impugned order, the petitioners have filed the present writ petition for the aforesaid relief.

(4)The 1^st respondent filed a detailed counter, denying all the allegations and averments made in the writ petition. The 1^st respondent denied the contention of the petitioners that she was requested to join duty on completion of her leave. The 1^st re