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M.MADHAVAN versus AUTOKAST LTD

High Court of Kerala

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M.MADHAVAN v. AUTOKAST LTD - OP No. 12631 of 1999(D) [2007] RD-KL 14450 (30 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 12631 of 1999(D)

1. M.MADHAVAN
... Petitioner

Vs

1. AUTOKAST LTD.
... Respondent

For Petitioner :SRI.M.RAJASEKHARAN NAYAR

For Respondent :SRI.B.S.KRISHNAN (SR.)

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :30/07/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

O.P.No.12631 OF 1999

Dated this the 30th day of July, 2007



JUDGMENT

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 OP.12631/99 Page numbers 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 accordingly dismissed. No costs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb. OP.12631/99 Page numbers
=======================

THOTTATHIL B. RADHAKRISHNAN, J

O.P.NO.12631 OF 1999

JUDGMENT

30TH JULY, 2007.
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Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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