IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 1160 of 2008(K) ------------------------- PETITIONER: ------------ R. RAVI, DEPUTY GENERAL MANAGER (NOW ON ORDERS OF DISMISSAL MALABAR CEMENTS LTD. NO.1, LOVLEY NAGAR, ANNA KUDIRUPPU, S.V.MILLS (P.O), UDUMALPET-642 128 TAMIL NADU. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: ------------- 1. THE MALABAR CEMENTS LTD., REP. BY THE MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, MALABAR CEMENTS LTD. 3. V. PRADEEP, ADVOCATE "SREE KAVYA", MANAPPULLIKAVU, PALAKKAD. (THE ENQUIRY OFFICER). BY ADV. SRI.B.S.KRISHNAN (SR.), SC SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).1160/2008 -------------------- Dated this the 31st day of January, 2008 JUDGMENT Petitioner challenges Ext.P25 order passed by the Managing Director of the first respondent confirming a proposal for dismissing the petitioner from the services of the Company on 9.1.2008. Learned Standing Counsel was requested to get instructions as to whether there is any remedy available in relation to Ext.P25. Standing Counsel for the Company submits that since the order of punishment was passed by the Managing Director, it is open to the Board of Directors to re-consider the issue at the instance of the petitioner. Submission is recorded. 2. In the circumstances, writ petition is disposed of in the following terms: (i). Petitioner may, if aggrieved, prefer an appeal in the form of a representation against Ext.P25 within a period of one month from today in which case it will be placed before the Board of Directors of the first respondent, Company. W.P.(C).1160/2008 2 (ii). Board of Directors shall, after hearing the petitioner, take appropriate decision on such representation/appeal within a period of three months thereafter. (iii). The Board which considers such appeal of the petitioner shall not include the Managing Director, provided the author of Ext.P25 continues to be the Managing Director at that point of time. It is made clear that this direction is being issued only in the interest of propriety and to adhere to the principles of natural justice. It need not be treated as a reflection on the conduct of the Manging Director who is the author of Ext.P25 or the propriety of his action as such. Other contentions of the parties are left open. V.GIRI, Judge mrcs