High Court Kerala High Court

B. Vijayan vs K. Chakrapani on 7 August, 2008

Kerala High Court
B. Vijayan vs K. Chakrapani on 7 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23748 of 2008(B)


1. B. VIJAYAN,
                      ...  Petitioner
2. V. USHA,
3. P. CHITHARANJAN,
4. N. REMANI,
5. T.S. LATHIKA,

                        Vs



1. K. CHAKRAPANI, SLESMAN,
                       ...       Respondent

2. M.PADMALAL, SALESMAN,

3. R. VASANTHAN, SALESMAN, T.S. NO.20,

4. N. SIVADASAN, SALESMAN, T.S. NO.20,

5. K.K.CHANDRAN, TAPPER, T.S. NO.25,

                For Petitioner  :SRI.R.SATISH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :07/08/2008

 O R D E R
                             S. Siri Jagan, J.
               =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                      W. P (C) No. 23748 of 2008
               =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                 Dated this, the 7th    August, 2008.

                            J U D G M E N T

The petitioners challenge Ext. P1 ex parte order of the Labour

Court, Kollam in C.P.No.91/2000 and Ext. P4 order, whereby the

petitioners’ application for setting aside the ex party order and the

petition to condone the delay of 1265 days in filing the same were

also dismissed on the ground that the petitioners were not present

continuously for hearing of the petitions. According to the petitioners,

who were opposite parties in the claim petition and the petitioners in

the application to set aside the ex parte order, their advocate did not

inform them about the dates of posting in time. From Ext. P4 order, I

find that the applications for setting aside the ex parte order and the

petition to condone the delay were posted for evidence several times

and ultimately it was ordered that no further time would be granted

to the petitioner. In spite of the same, the petitioners did not appear

on the date of hearing. In such circumstances, I do not think that the

petitioners, who are guilty of inordinate delay and laches at every

stage of the proceedings before the Labour Court, are entitled to any

more indulgence either at the hands of the Labour Court or this

Court .

Accordingly, the writ petition is dismissed.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.

W.P.C. No. -: 2 :-