IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12170 of 2007(W)
1. A.M.HAMSA, JINAS MANZIL, CHADAYAMANGALAM
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE GENERAL SECRETARY, QUILON DISTRICT
3. ANIE GEORGE, PROPRIETRIX, ROBIN MOTORS,
For Petitioner :DR.K.P.SATHEESAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :15/06/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)NO. 12170 OF 2007
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DATED THIS THE 15th DAY OF JUNE, 2007
JUDGMENT
The petitioner is the second additional management in
I.D.No.25/2003 before the Labour Court. In that I.D., the Labour
Court passed Ext.P3 ex parte award, since the petitioner management
did not appear before the Labour Court. The petitioner filed an
application to set aside the ex parte award. It appears that the same
has been allowed on condition that the petitioner pays an amount of
Rs.1,500/- as costs to each of the workers involved within thirty days.
That order has neither been produced nor challenged before me.
Thereafter the Labour Court passed Ext.P4 order dismissing the
petition for setting aside the ex parte award on the ground that cost as
ordered has not been paid. The award and the order dismissing the
petition to set aside ex parte order for non-payment of costs are
under challenge before me. Since the petitioner has not paid the cost,
which was a condition for setting aside the ex parte award, I am not
inclined to interfere with Ext.P4 order. As far as the award is
concerned, on going through the same, I find that the issue referred
W.P.(c)No.12170/07 2
was denial of employment to the workers mentioned in the award
and the issue was decided on the basis of evidence available on
record. The reading of the award does not disclose any perversity,
whatsoever in the findings of fact entered by the Labour Court.
In the above circumstances, I do not find any merit in the writ
petition and accordingly, the same is dismissed.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.12170/07 3