The Kerala High Court on Friday stayed Kerala State Electricity Board (KSEB)'s order restraining its employees from directly approaching courts, including the High Court.
The court issued the order on a writ petition filed by Sibikutty Francis, general secretary, Kerala Electricity Employees Confederation (INTUC), challenging the order. According to the petitioner, the order said that action of any employee — both workmen and officers —in approaching any court of law directly on service matters, without exercising the options available in the administrative hierarchy would be viewed seriously.
The order warned that those workmen or officers who approached the court directly shall have to face appropriate disciplinary action as per the rules in force. The KSEB order pointed out that a few employees were suing it in various courts, directly on service matters without utilising the existing administrative avenues and procedures for redressing their grievances regarding service matters.
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KSEB found it difficult to defend the case properly and in several instances, the company had to face embarrassing situation of implementing unfavourable orders and facing contempt of court proceeding, causing KSEB huge financial loss.
The petitioner contended that the order was a clear violation of the rights guaranteed to a citizen under the Constitution. An employer did not have any right to punish an employee for approaching a court of law for getting justice.