Muhammad Raphi a. vs the Managing Director

Muhammad Raphi a. vs The Managing Director

Type Court Judgment Court Kerala Decided Feb 01, 2022

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https://sooperkanoon.com/case/1445766

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Citation: sooperkanoon.com/1445766
Court: Kerala High Court
Judge: Honourable Mr. Justice Amit Rawal
Decided On: Feb 01, 2022
Case Number: WP(C)/3335/2022

Parties & Advocates

Appellant / Petitioner

Muhammad Raphi a.

Respondent

The Managing Director

Excerpt

.....declare that the termination of service of the petitioner without notice by respondents is illegal and arbitrary ;(d) direct the respondents to reinstate the petitioner in service as agreed upon at the time of taking over of the land for the erection of pump house in their property ;(e) in the alternative direct the respondents to give monthly rent for the use of pump house in ext.p1 property of the petitioner ; and(f) pass such other orders as are deemed fit, fair and necessary in the facts and circumstances of the case.”2. the petitioner was employed as pump operator in thewater authority from the year 2008 till may 2021. he has been paid the salary up to may 2021. thereafter his services have been dispensed with without following the procedure prescribed under section 25f of the industrial disputes act. in this regard exts.p4 and p5 representations have been submitted.3. i am afraid this court cannot discharge the duties of apost office by issuing directions to the respondents to take a call on the applications as efficacious remedy under the industrial disputes act is available to the petitioner. the writ petition is accordingly dismissed. sd/- amit rawal judge csl appendix of wp(c) 3335/2022 petitioner's exhibits exhibit p1 a true copy of the sale deed no.1469/90 dated 25.06.1990 of sro, karunagappally exhibit p2 a true copy of the land tax receipt dated 23.07.2021 issued by the village office exhibit p3 a true copy of the possession certificate dated 26.07.2021 issued by the village officer, mynagappally. exhibit p4 a true copy of the representation dated the 2nd respondent chief engineer together with english translation. exhibit p5 a true copy of the representation dated the 3rd respondent executive engineer

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943 WP(C) NO. 3335 OF 2022 PETITIONER: MUHAMMAD RAPHI.A. AGED 31 YEARS S/O.ABDUL SALAM, MUNEERA MANZIL HOUSE, EDAVANASSERY MURIYIL, MYNAGAPALLY VILLAGE, KUNNATHUR TALUK, KOLLAM - 690 519. BY ADVS. SINDHU SANTHALINGAM RAJEEV RAJADHANI RESPONDENTS: 1 THE MANAGING DIRECTOR 2 THE CHIEF ENGINEER 3 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, WATER SUPPLY SUB-DIVISION, SASTHAMCOTTA, KOLLAM - 690 521. SRI.P.BENJAMIN PAUL, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner has approached this Court with the following prayers : “(a) Call for the records connected with case ;

(b) issue a writ of mandamus or appropriate writ order or direction, directing the respondents to reinstate the petitioner in service as a pump operator without any further delay ;

(d) Direct the respondents to reinstate the petitioner in service as agreed upon at the time of taking over of the land for the erection of pump house in their property ;

(e) In the alternative direct the respondents to give monthly rent for the use of pump house in Ext.P1 property of the petitioner ; and

(f) Pass such other orders as are deemed fit, fair and necessary in the facts and circumstances of the case.”

2. The petitioner was employed as pump operator in the

Water Authority from the year 2008 till May 2021. He has been paid the salary up to May 2021. Thereafter his services have been dispensed with without following the procedure prescribed under Section 25F of the Industrial Disputes Act. In this regard Exts.P4 and P5 representations have been submitted.

3. I am afraid this Court cannot discharge the duties of a

post office by issuing directions to the respondents to take a call on the applications as efficacious remedy under the Industrial Disputes Act is available to the petitioner. The Writ Petition is accordingly dismissed. Sd/- AMIT RAWAL JUDGE csl APPENDIX OF WP(C) 3335/2022 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED NO.1469/90 DATED 25.06.1990 OF SRO, KARUNAGAPPALLY Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT DATED 23.07.2021 ISSUED BY THE VILLAGE OFFICE Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 26.07.2021 ISSUED BY THE VILLAGE OFFICER, MYNAGAPPALLY. Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED THE 2ND RESPONDENT CHIEF ENGINEER TOGETHER WITH ENGLISH TRANSLATION. Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED THE 3RD RESPONDENT EXECUTIVE ENGINEER

Same Court & Year Kerala · 2022 Same Parties Muhammad Raphi a. vs The Managing Director Same Judge Honourable Mr. Justice Amit Rawal