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KIRAN BABU K v. FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 9TH DAY OF DECEMBER 2021 / 18TH AGRAHAYANA, 1943
WP(C) NO. 26680 OF 2021
PETITIONER:
1 KIRAN BABU K
AGED 27 YEARS
S/O. BABU K.P., PRESENTLY WORKDING AS FORK LIFT
OPERATOR (ON CONTRACT BASIS), THE FERTILIZERS AND
CHEMICAL TRAVANCORE LTD, UDYOGAMANDAL, RESIDING AT
KALAPURAKKAL HOUSE, CHETTINADU, ALATTUCHIR P.O.,
PERUMBAVOOR-683 544
BY ADVS.
C.S.AJITH PRAKASH
T.K.DEVARAJAN
PAUL C THOMAS
FRANKLIN ARACKAL
M.B.SOORI
BABU M.
NIDHIN RAJ VETTIKKADAN
HAARIS MOOSA
ADESH JOSHI
RESPONDENTS:
1 FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED
UDYOGAMANGAL (A GOVERNMENT OF INDIA ENTERPRISES),
UDYOGAMANDAL P.O., KOCHI-683 501,
REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR
2 THE FERTILIZERS AND CHEMICAL TRAVANCORE LTD
UDYOGAMANGAL (A GOVERNMENT OF INDIA
ENTERPRISES),UDYOGAMANDAL P.O.,
KOCHI-683 501,
REPRESENTED BY THE CHEIF GENERAL MANAGER (HR)
3 THE DISTRICT MEDICAL OFFICER, ERNAKULAM,
DISTRICT MEDICAL OFFICE, ERNAKULAM,-682 011
1
2
4 AKHIL.U.,
AGED 26 YEARS
HEAVY EQUIPMENT OPERATOR ON CONTRACT HEAVY
EQUIPMENT DEPARTMENT, THE FERTILIZERS AND
CHEMICALS TRAVANCORE LTD, UDYOGAMANDAL P.O.,
PIN-683 513
5 ATHUL KRISHNAN.K.,
AGED 27 YEARS
HEAVY EQUIPMENT OPERATOR ON CONTRACT HEAVY
EQUIPMENT DEPARTMENT, THE FERTILIZERS AND
CHEMICALS TRAVANCORE LTD, UDYOGAMANDAL P.O.,
PIN-683 513
BY ADVS.
SMT.PARVATHY KOTTOL, GP
SRI.M.GOPIKRISHNAN NAMBIAR, SC
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.12.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
JUDGMENT
Dated this the 09th Day of December, 2021
The petitioner is working as Fork Lift Operator on contract basis in Petro Chemical Division of the respondent Company. While so, the petitioner applied for the post of Heavy Equipment Operator pursuant to Ext.P2 notification issued by the respondent Company. The petitioner was disqualified on the ground that he was medically unfit to perform the job for which he had applied for. Aggrieved by the above and claiming that the petitioner is medically fit on the basis of a certificate issued by a private hospital, the petitioner has approached this Court. The relief sought is to refer the petitioner to a competent medical board constituted in consultation with the District Medical Officer.
2. The learned Counsel for the respondents invited my attention to Clause 11 of the FACT Pre-employment Medical Examination Procedure, which provides that, if any person is aggrieved by the decision of the Chief
4
Medical Officer, he is entitled to file an appeal on ground of an apparent error of judgment in the decision, to the satisfaction of CMD of the Company.
3. In the light of a specific alternative relief available to the petitioner, I am not inclined to grant the relief sought by the petitioner.
The Writ Petition fails and is accordingly dismissed, reserving the right of the petitioner to invoke Clause 11 and to challenge the order, if he is able to satisfy the authority that there is an error apparent on the face of the decision. It is made clear that this Court has not gone into the rival claims set up by the parties.
Sd/-
SUNIL THOMAS
JUDGE
SKP/09-12
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