IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2281 of 2009()
1. A.NISAMUDEEN
... Petitioner
Vs
1. V.VASANTHASENAN & ANOTHER
... Respondent
For Petitioner :SRI.K.P.DANDAPANI (SR.)
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :14/10/2009
O R D E R
S.R. Bannurmath, C.J. & A.K. Basheer, J.
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W.A.No. 2281 OF 2009
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Dated this the 14th day of October, 2009
JUDGMENT
Basheer, J.
We have heard learned Senior Counsel,
Sri.K.P.Dandapani, appearing for the appellant and Mrs.Renu,
learned counsel appearing for respondent No.1.
2. The only grievance of the appellant relates to
imposition of cost of Rs.25,000/- on him by the learned
Single Judge while remitting the case back to the Labour
Court.
3. We have been taken through the judgment and
other materials available on record.
4. Having regard to the peculiar facts and
circumstances of the case we are of the view that,
imposition of cost is not at all just or proper. It is on record
that the appellant has already paid Rs.60,000/- to the
workman as directed by a Division Bench in W.A. No.117 of
WA No.2281 of 2009
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2008. The learned Single Judge has in fact found that there was
no “contumacious default” on the part of the appellant.
Therefore the direction issued by the learned Single Judge to the
appellant to pay cost of Rs.25,000/- to respondent No.1 is set
aside. The judgment of the learned Single Judge is modified to
the above extent.
The Writ Appeal is closed.
S.R. Bannurmath,
Chief Justice.
A.K. Basheer,
Judge.
ttb