Kerala High Court
Libin Cyriac vs Kerala State Beverages (M&M) ... on 15 December, 2016
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 13TH DAYOF JANUARY 2017/23RD POUSHA, 1938
WP(C).No. 634 of 2017 (D)
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PETITIONER(S):
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LIBIN CYRIAC,
ABKARI WORKER, FL 01-6021,
KERALA STATE BEVERAGES (M & M) CORPORATION LTD.,
KATTAPPANA.
BY ADVS.SRI.DEEPU THANKAN,
SMT.NIMMY JOHNSON.
RESPONDENT(S):
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KERALA STATE BEVERAGES (M&M) CORPORATION LTD.,
SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010,
REP. BY ITS MANAGING DIRECTOR.
BY SRI.NAVEEN.T., SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13-01-2017, ALONG WITH WP(C).NO.654 OF 2017, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 634 of 2017 (D)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1- TRUE COPY OF THE ORDER DATED 15/12/2016 ISSUED BY
THE RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
P.V.ASHA, J.
W.P.(C) Nos.634 & 654 of 2017
Dated this the 13th day of January, 2017
JUDGMENT
Petitioners are salesmen in the Beverages Corporation who are under orders of transfer to Kumaly as per Ext.P1. According to the petitioners the transfer at this stage is only to accommodate the newly recruited Employment Exchange hands causing serious hardship to the petitioners. The petitioners stated that on account of the nature of working hours of the Shop in which they are to work, by transferring them to a station 45 KM away, they will be unable to come back to their home, since the shop closes only at 9.30 P.M. According to them, the regular hands are not liable to be transferred out for accommodating those appointed on daily wages/temporary basis. It is also their case that they are having lien at a particular shop and therefore they are not at all liable to transfer at the midst of the academic year.
2. Learned Standing counsel submits that Ext.P1 is an order of a general transfer by which transfer and postings are made involving several employees like the petitioners and opposes the contention raised by the petitioners that it is to accommodate the newly recruited Employment Exchange hands.
3. Having heard the contentions on either side, I am of the view that the matter is to be considered by the Managing Director of the first respondent Corporation itself. W.P.(C).Nos.634 & 654 of 2017 2
4. In the above circumstances, the petitioners shall approach the first respondent filing appropriate representations within a period of one week. The Manging Director shall consider and pass orders on the same within a period of two weeks of its receipt.
The petitioners shall be allowed to continue at Kattappana till the disposal of the writ petition.
The Writ Petitions are disposed of accordingly.
Sd/-
P.V.ASHA JUDGE AS