High Court Kerala High Court

P.S. Radhamoney vs The Director Of Coir Development on 18 February, 2009

Kerala High Court
P.S. Radhamoney vs The Director Of Coir Development on 18 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4796 of 2009(U)


1. P.S. RADHAMONEY, SWEEPER,
                      ...  Petitioner

                        Vs



1. THE DIRECTOR OF COIR DEVELOPMENT,
                       ...       Respondent

2. KERALA STATE CO-OPERATIVE COIR

3. ANIL.K.R, MANAGING DIRECTOR,

4. SREEKUMAR, PERSONNEL MANAGER

5. S. NASSIM, WORKS MANAGER,

                For Petitioner  :SRI.K.KARTHIKEYA PANICKER

                For Respondent  :SRI.K.S.HARIHARAPUTHRAN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :18/02/2009

 O R D E R
        THOTTATHIL B. RADHAKRISHNAN, J.

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           W.P.(C).No.4796 of 2009-U

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   Dated this the 18th day of February, 2009.

                   JUDGMENT

The petitioner, a woman employee of an apex co-

operative society, namely, the second respondent,

states that disciplinary proceedings against her

as initiated by the Manager and in the course of

which, the fourth respondent has been appointed

as an Enquiry Officer, should remain stalled till

the Women’s Commission hears a complaint filed by

her regarding alleged abuse in office. The

petitioner, who states that she entered service

as a sweeper on appointment on compassionate

grounds, following the demise of her husband,

pleads that though she entered as a sweeper, she

was thereafter moved into a manufacturing unit

and there, she is being compelled to serve tea

and also to serve hot water even for the male

employees. If the Women’s Commission feels that

WP(C)4796/2009 -: 2 :-

this is a matter in which the Commission has to

exercise its authority on the basis of the

complaint of the petitioner, that authority would

take such action as is found necessary in

accordance with law. But, that cannot, in any

manner, impair the employer’s rights to conclude

the enquiry proceedings initiated on allegations

levelled against the petitioner. It is also not

for the writ court, as of now, to nip all the

entire disciplinary proceedings in its bud since

that would prejudice the management’s rights to

effect appropriate control over its employees.

If, ultimately, the petitioner has any grievance

regarding the outcome of the disciplinary

proceedings, she has an alternate efficacious

remedy under Section 69 of the KCS Act. This writ

petition would only stultify early conclusion of

proceedings, either way. Hence, this writ

petition is dismissed.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/180209