WP(C) No.24701 of 2024 1 2025:KER:27256 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO.24701 OF 2024 PETITIONER: KOCHUPAUL PRINCE PATHADAN, AGED 47 YEARS S/O PRINCE PAUL PATHADAN, ST MARY’S CHURCH, ELAVOOR, KALLOORTHEKKUMMURI, THRISSUR, KERALA, PIN - 680308 BY ADVS. V.JOHN MANI SETHULAKSHMI K.K. VARGHESE SABU ABHIRAMI C. UNNI SHIMI MOL S. ANGEL JACOB RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY MINISTRY OF LABOUR AND EMPLOYMENT,SHRAM SAKTHI BHAVAN, RAFI MARG, NEW DELHI, PIN - 110001 2 THE SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, ROOM NO 46, NORTH BLOCK, NEW DELHI, PIN – 110001 3 INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA, SY NO. 115/1, FINANCIAL DISTRICT, NANAKRAMGUDA, GACHIBOWLI, HYDERABAD, PIN - 500032 WP(C) No.24701 of 2024 2 2025:KER:27256 4 BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. REPRESENTED BY ITS MD& CEO, AIRPORT ROAD, YERAWADA, HAVELI TALUK, PUNE, PIN - 411006 5 SANTANU BANERJEE, CHIEF HUMAN RESOURCE OFFICER, BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD., BAJAJ ALLIANZ, HOUSE AIRPORT ROAD, YERAWADA, PUNE, PIN - 411006 6 RAJESH SUDHAKARAN GENERAL MANAGER (AVP CENTRAL SOUTH KERALA AND TAMILNADU), BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD., AGENCY SALES, 3 RD FLOOR, KAILASH PLAZA, PATTOM, THIRUVANANTHAPURAM, KERALA, PIN - 695004 7 ALLWYN VALATIOUS CLUSTER H R MANAGER, HUMAN RESOURCES, BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD., NO 40/8800C, 2ND FLOOR DEVAS, MAHATMA GANDHI RD, NEAR PADMA JUNCTION, ERNAKULAM, KERALA, PIN - 682035 8 D. MADHUSUDANAN REGIONAL MANAGER, BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD., NO 40/8800C, 2ND FLOOR DEVAS, MAHATMA GANDHI RD, NEAR PADMA JUNCTION, ERNAKULAM, KERALA, PIN - 682035 9 BABU MALIECKAL BRANCH MANAGER,BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD., NO 40/8800C, 2ND FLOOR DEVAS, MAHATMA GANDHI RD, NEAR PADMA JUNCTION, ERNAKULAM, KERALA, PIN - 682035 WP(C) No.24701 of 2024 3 2025:KER:27256 10 RAJESH BHAT AVP DISTRIBUTION HR & ZONAL HEAD, BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD., SOUTH BENGALURU, KARNATAKA, PIN - 560085 BY ADVS.JESWIN P VARGHESE T.C.KRISHNA, DSGI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.24701 of 2024 4 2025:KER:27256 JUDGMENT Petitioner states that he was an employee of the 4th respondent Insurance Company. Vide Ext.P3, the petitioner’s service was terminated and he had preferred I.D.No.27 of 2023 under Section 2A(2) of the Industrial Disputes Act, 1947 before the Central Government Industrial Tribunal cum Labour Court, Ernakulam. It is submitted that, there is no Presiding Officer for the Tribunal and the dispute is not so far taken up for consideration. The petitioner has, therefore, filed this writ petition for the following reliefs: “(i) To issue writ in the nature of Certiorari or such other writ, order or direction to quash Ext.P3 Termination letter issued by the 4th Respondent to the Petitioner. WP(C) No.24701 of 2024 5 2025:KER:27256 (ii) To issue Writ in the nature of Mandamus or such other Writ, Order or direction directing the 4th Respondent to reinstate the Petitioner with back wages and all other consequential reliefs forthwith. (iii) To issue Writ in the nature of Mandamus or such other Writ, Order or direction directing the 1st respondent to fill up the vacancy of the Presiding Officer to the Central Government Industrial Tribunal cum Labour Court expeditiously and within a time frame to be fixed by this Hon’ble Court. (iv) To issue Writ in the nature of Mandamus or such other Writ or Order or direction directing the 2nd and 3rd respondents to consider and pass orders on Ext.P6 and P7 representations after affording an opportunity of hearing to the petitioner and within a time frame to be fixed by this Hon’ble Court. (v) To issue Writ in the nature of Mandamus or such other Writ or Order or direction directing the 1st respondent to consider and WP(C) No.24701 of 2024 6 2025:KER:27256 pass orders on Ext.P8 representation after affording an opportunity of hearing to the petitioner and within a time frame to be fixed by this Hon’ble Court.” 2. When the writ petition is taken up for consideration today, the learned Counsel for the petitioner limits the prayer for a direction to the 3rd respondent to consider Ext.P7 representation submitted by the petitioner. 3. Sri.Jeswin P.Varghese, learned Counsel for respondents 4 to 10, submits that the 3rd respondent has no jurisdiction to consider Ext.P7. 4. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the 3rd respondent to consider Ext.P7 with notice to WP(C) No.24701 of 2024 7 2025:KER:27256 the petitioner and respondents 4 to 10 and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment. It will also be open to the 3rd respondent to consider the question of maintainability of Ext.P7. All the contentions of the petitioner are left open. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/29/03/2025 WP(C) No.24701 of 2024 8 2025:KER:27256 APPENDIX OF WP(C) 24701/2024 PETITIONER EXHIBITS Exhibit.P.1 A TRUE COPY OF THE LETTER DATED 26.06.2023 ISSUED BY THE 5TH RESPONDENT Exhibit.P.2 A TRUE COPY OF THE REPLY E-MAIL DATED 29.06.2023 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT Exhibit.P.3 A TRUE COPY OF THE TERMINATION LETTER DATED 06.07.2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit.P.4 A TRUE COPY OF THE CERTIFICATE UNDER SECTION 2A OF THE INDUSTRIAL DISPUTES ACT, 1947 ISSUED BY THE ASSISTANT LABOUR COMMISSIONER, ERNAKULAM TO THE PETITIONER DATED 07.08.2023 Exhibit.P.5 A TRUE COPY OF THE I.D NO. 27 OF 2024 ALONG WITH ANNEXURES FILED BY THE PETITIONER BEFORE THE HON’BLE CGIT, ERNAKULAM. Exhibit.P.6 A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04.06.2024 Exhibit.P.7 A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 04.06.2024 Exhibit.P.8 A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 04.06.2024. WP(C) No.24701 of 2024 9 2025:KER:27256 RESPONDENT EXHIBITS Exhibit R7 (a) A TRUE COPY OF THE COUNTER STATEMENT FILED BY THE 7TH RESPONDENT BEFORE THE CENTRAL INDUSTRIAL TRIBUNAL, ERNAKULAM DATED 20.07.2024