Kerala State Electricity Board ban on right to approach courts' stayed

Kochi: The Kerala High Court on Friday stayed the order of the Kerala State Electricity Board Ltd (KSEB) restraining its employees from directly approaching the courts including High Court, to seek relief on their grievances within the organisation. The court issued notices to KSEB. The court was considering a petition filed by Sibikutty Francis, General Secretary, Kerala Electricity Employees Confederation seeking to quash the KSEB’s order. The order imposed a condition that actions of any employee- both workmen and officers- approaching any court directly on service matters without exercising the options available in the administrative hierarchy and procedures would be viewed seriously as per the existing rules.

The workmen/officer who approached the court directly in the cases shall be liable to face appropriate disciplinary action as per the Rules in force. The petitioner submitted that this was a clear violation of the rights guaranteed to a citizen under the Constitution of India. “No employer has any right to punish an employee on the ground that he has approached a court of law which is for rendering justice to the citizen,” the plea alleged.

According to the petitioner, the provision in the order can be abused by the authority at any time and in any manner. He submitted that in the last year more than 160 cases were filed alleging denial of justice and this showed the volume of injustice done to the employees of the Board. KSEB had set up a three-tier system to resolve service matters. With this an employee was forced to approach the three tier system and wait for a considerable time before seeking remedy from courts.