High Court of Kerala
Case Law Search
M.MADHAVAN v. AUTOKAST LTD - OP No. 12631 of 1999(D)  RD-KL 14450 (30 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMOP No. 12631 of 1999(D)
1. AUTOKAST LTD.
For Petitioner :SRI.M.RAJASEKHARAN NAYAR
For Respondent :SRI.B.S.KRISHNAN (SR.)
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.O.P.No.12631 OF 1999
Dated this the 30th day of July, 2007
The petitioner who was granted a spell of leave as per Ext.P1 for employment abroad was granted extension of leave for a period of one year vide Ext.P2, against a request for two years, but on the specific notice that further extension of time would not be granted. Ext.P2 is explicit regarding the policy and the stand taken by the management. However, after the period of extended leave, the petitioner did not return. He appears to have made another application for leave. The management cannot be expected to give a communication refusing such application for extension of leave. Nor can the petitioner employee permitted to await the decisions of such an application for rejoining.
2. The aforesaid situation by which the petitioner did not
return duty after enjoying the leave extended as per Ext.P2 was
treated by the management as one where the petitioner is liable
for action on account of indiscipline for absence without
permission. This has resulted on the petitioner terminated from
service. The appeal filed against such termination has been
rejected. I do not find any legal infirmity or jurisdictional error
in the respondent in taking such action.
In the result, the writ petition fails. The same is
dismissed. No costs.
THOTTATHIL B. RADHAKRISHNAN, JO.P.NO.12631 OF 1999
30TH JULY, 2007.
Double Click on any word for its dictionary meaning or to get reference material on it.