IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WA.No. 783 of 2011() -------------------- AGAINST THE ORDER IN WPC.14970/2011 Dated 03/06/2011 .................... APPELLANT(S): RESPONDENTS ---------------------------------- 1. SBI LIFE INSURANCE COMPANY LTD., KHADI TOWER, KALOOR, ERNAKULAM PIN - 682017, REPRESENTED BY ITS SALES MANAGER. 2. ASSISTANT VICE PRESIDENT (HR), SBI LIFE INSURANCE COMPANY LTD., CORPORATE OFFICE, "NATRAJ", M.V.ROAD & WESTERN EXPRESS HIGHWAY JUNCTION, ANDHERI (E), MUMBAI, PIN - 400069. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH RESPONDENT(S): PETITIONER ------------------------- HARISH K.P., AGED 32 YEARS, S/O.K.P.PHALGUNAN, KAITHAKKATTU HOUSE, EDAVILANGU P.O., THRISSUR DISTRICT PIN - 680671 BRANCH SALES MANAGER (ON TERMINATION), SBI LIFE INSURANCE COMPANY. BY ADV.MR.RENJITH THAMPAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX APPELLANTS'S EXHIBITS: ANNEXURE-A: COPY OF CERTIFICATE OF INCORPORATION DATED 11.10.2000 ISSUED BY THE REGISTRAR OF COMPANIES. ANNEXURE-B: COPY OF LIST OF PRIVATE SECTOR LIFE INSURANCE COMPANIES IN THE STATE. ANNEXURE-C: COPY OF ORDER OF APPOINTMENT DATED 9.9.06 OF THE RESPONDENT. ANNEXURE-D: COPY OF REPRESENTATION SUBMITTED BY THE RESPONDENT TO THE REGIONAL LABOUR COMMISSIONER ON 11.4.2011. ANNEXURE-E: COPY OF LETTER DATED 6.6.2011 SENT BY THE RESPONDENT TO THE APPELLANTS. /TRUE COPY/ PS TO JUDGE J. CHELAMESWAR, C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 783 of 2011 ---------------------------------------------- Dated this the 4th day of July, 2011 JUDGMENT Ramachandra Menon, J. The appellants, who are the respondents in the Writ Petition, are challenging the interim order dated 3.6.2011 in W.P(C). No.14970 of 2011 whereby the learned Single Judge granted interim stay with regard to the operation of Exhibit P12 order, which, in fact, pertains to termination of service of the writ petitioner. Learned counsel for the appellants submits that the first appellant Company is a Private Limited Company, against whom no Writ Petition is maintainable. It is also stated that pursuant to the terms of contract, the appointment given to the writ petitioner was put to an end to and the order of termination dated 28.3.2011 has been given effect to on 4.4.2011. 2. It is pointed out that the factual position in this regard has been conceded by the petitioner, in paragraph 12 of the Writ Petition. It is further brought to the notice of this Court that, being WA.783/2011 2 aggrieved of the termination of service, the matter was taken up before the Regional Labour Commissioner (Central), Kochi, when the position as on date was brought to the notice of the said authority and accordingly the proceedings initiated at the instance of the writ petitioner were closed on 30.5.2011. The writ petitioner chose to approach this Court only thereafter. 3. Heard Mr.Ranjith Thampan, the leaned counsel for the writ petitioner as well. 4. After hearing both sides, this Court finds that the termination of the respondent from service has already been taken effect and as such, the interim order of stay is of no consequence. The merits in turn have to be considered and decided in the Writ Petition itself. The learned counsel for the respondent/writ petitioner prays for an early hearing, pointing out that, by virtue of the stigma involved, the writ petitioner is not in a position to secure or join other employments, for which the writ petitioner has to make appropriate submissions before the learned Single Judge. WA.783/2011 3 The Registry is directed to list the Writ Petition before the learned Single Judge for consideration next week. The Writ Appeal is disposed of as above. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs