IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 15397 of 2004(G)
1. SOPHY JOHN (FORMERLY HSA GRADE I,
... Petitioner
Vs
1. THE FERTILISERS CHEMICALS TRAVANCORE LTD
... Respondent
2. THE CHIEF MANAGER (PERSONNEL),
For Petitioner :SMT.P.V.ASHA
For Respondent :SRI.ANTONY DOMINIC
The Hon'ble MR. Justice K.THANKAPPAN
Dated :05/07/2006
O R D E R
K.THANKAPPAN, J.
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W.P.(C)NOS. 10950,12545,12893,15397,
15617,16295 &16426 OF 2004
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Dated this the 5th day of July, 2006
JUDGMENT
The question involved in these Writ Petitions are one and the same and
hence they are being disposed of by a common judgment.
2. The first respondent – company had established schools at
Ambalamedu and Udyogamandal for the children of the employees of the
company. Due to financial crisis the Company was forced to wind up the schools
and for that purpose, the company issued a circular dated 28.2.2004 (marked as
Ext.P3 in W.P.(C)No.15397 of 2004). The said circular was followed by another
communication dated 24.3.2004 (Ext.P4 in the above Writ Petition). Pursuant to
the above circular and intimation, both teaching and non-teaching staff of the
schools were given an opportunity to avail the facility of V.R.S. Some of the
petitioners in these Writ Petitions submitted applications for V.R.S. The
company accepted the applications and even granted the benefits to the
applicants.
WP(C)NO.15397/04& CON.CASES 2
3. In the meanwhile, some of the employees of the school were
redeployed in the Marketing section of the company as a measure of internal
redeployment. In view of the above, the petitioners who had submitted their
application for V.R.S. also claim redeployment in any of the sections of the
company and they are willing to withdraw their applications as well as return
the benefits already received. They have filed the above Writ Petitions on the
ground that relieving them on V.R.S. or terminating their service is irregular and
illegal.
4. Heard the learned counsel appearing for the petitioners as well as the
learned counsel appearing for the first respondent. A counter affidavit is also
filed for and on behalf of the respondents.
5. Learned counsel appearing for the first respondent submits that the
company is not in a position to accommodate or redeploy the petitioners in any
other sections. According to counsel, there is excess manpower and there is a
proposal to reduce manpower.
WP(C)NO.15397/04& CON.CASES 3
6. Admittedly, the company is running at a loss and measures are being
taken by the Government to save the company and winding up the schools run by
the company is one such measure. It is also seen that licence has been granted to
outside educational agencies to run the schools and Voluntary Retirement
Scheme has been offered by the company to the staff of the schools. Further, the
company has redeployed certain employees. Now, the company is not in a
position to accommodate the petitioners in any of the sections. The petitioners
cannot claim redeployment only because some of the employees have been
redeployed in the Marketing section of the company. At the same time, this
Court cannot ignore the claim of the petitioners. Hence, considering the
willingness expressed by the petitioners, this Court is of the view that a scheme
should be framed to accommodate such employees in future. In the above
circumstances, there will be a direction to the first respondent to chalk out a
scheme by which the petitioners can be accommodated in the company as and
when vacancies arise in any section of the company, subject to eligibility. The
scheme shall be framed and published by the company within two months from
the date of receipt of a copy of this judgment. It is also made clear that
preference shall be given to Aayahs and Sweepers.
WP(C)NO.15397/04& CON.CASES 4
The Writ Petitions are disposed of as above.
(K.THANKAPPAN, JUDGE)
sp/
WP(C)NO.15397/04& CON.CASES 5
K.THANKAPPAN, J.
W.P.(C)NOS.10950,12545,
12893, 15397,15617,16295
& 16426/2004
JUDGMENT
5TH JULY, 2006
WP(C)NO.15397/04& CON.CASES 6