IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 7225 of 2005(I)
1. B.SASIKUMAR,
... Petitioner
Vs
1. M.K.DEVADAS,
... Respondent
For Petitioner :SRI.P.RAVINDRAN (SR.)
For Respondent :SRI.P.RAMAKRISHNAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :22/02/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.7225 OF 2005
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Dated this the 22nd day of February, 2008
JUDGMENT
The petitioner is the management in I.D. No.80/2003 before
the Industrial Tribunal, Palakkad. In that I.D., the Tribunal
passed Ext.P14 award, whereby the workman involved was
directed to be reinstated with continuity of service and
backwages. The petitioner submits that it is an ex-parte award
and the petitioner could not take part in the proceedings only
because of the reasons mentioned in paragraph 9 of the writ
petition. The petitioner therefore seeks quashing of Ext.P14 and
a direction to the Tribunal to re-adjudicate the dispute after
affording the petitioner an opportunity to adduce evidence.
2. The learned counsel for the workman stoutly opposes
the prayer of the petitioner. He points out that the petitioner had
in fact appeared before the Tribunal and it is only from the stage
of evidence the management remained absent and was declared
ex-parte. He also submits that the reasons stated in paragraph 9
of the writ petition are not at all convincing.
W.P.(c) No.7225/05 2
2. I have considered the rival contentions in detail.
When it was pointed out to the counsel for the petitioner that
the reasons stated in paragraph 9 of the writ petition are not
convincing, he prayed that he may given another opportunity
to contest on merits at least on terms. Taking a lenient view,
I feel that the petitioner can be given another opportunity to
adduce the matter on merits before the Tribunal, if he pays
costs of the workman.
Accordingly, I quash Ext.P14 award and direct the
Tribunal to re-adjudicate the dispute after affording both sides
opportunity to adduce evidence. ‘Evidence’ means only those
evidence which are permissible under law. This shall be on
condition that the petitioner pays an amount of Rs.5,000/- as
costs to the 1st respondent workman within two weeks from
today. Since the industrial dispute is of the year of 2003, the
Tribunal shall pass final award in the industrial dispute within
four months from the date of receipt of a copy of this
judgment.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c) No.7225/05 3