High Court Kerala High Court

Vijayan vs District Labour Officer on 16 February, 2009

Kerala High Court
Vijayan vs District Labour Officer on 16 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5004 of 2009(U)


1. VIJAYAN, CONVENOR C.I.T.U,MANALAYAM UNIT
                      ...  Petitioner
2. DINESH KUMAR, CONVENOR  I.N.T.U.C
3. LAWRENCE, CONVENOR A.I.T.U.C

                        Vs



1. DISTRICT LABOUR OFFICER
                       ...       Respondent

2. REGIONAL JOINT LABOUR COMMISSIONER

3. BABU,

4. BINU

5. ANILKUMAR

6. REGHU

7. SIVARAJAN

8. PADMA GIRISH V.G.

9. K.KUNJUMON

10. A.SURESH KUMAR

11. RAJESH .T.

12. K.PADMAKUMAR

13. C.S.VIPINKUMAR

14. M.MANOJKUMAR

15. DHANAVEERAN

                For Petitioner  :SRI.VIJU ABRAHAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :16/02/2009

 O R D E R
                          ANTONY DOMINIC, J.
                          ==============
                     W.P.(C) NO. 5004 OF 2009 (U)
                    ====================

              Dated this the 16th day of February, 2009

                              J U D G M E N T

The challenge in this writ petition is against Ext.P6, by which, Ext.P4

application made by the petitioners for restoration of Ext.P2 appeal, which

was dismissed by Ext.P3 order for default was rejected.

2. Ext.P4, the petition for restoration explains the absence of the

petitioners on 5/1/2007 when the appeal was taken up for consideration.

However, Ext.P6 order shows that not only that on 5/1/2007 petitioners

were absent, but also on 15/9/06, 17/11/2006 and 15/12/2006, they were

absent. If that be so, I have no reason to invalidate Ext.P6.

3. However, if the petitioners have any explanation to offer

about the absence on the other days, it is up to them to make a fresh

application for restoration, in which case, the appellate authority shall deal

with the same with notice to others in accordance with law.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp