IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19060 of 2008(R)
1. CHANDRAN MENON K.
... Petitioner
Vs
1. N.GOPINATHA MENON,
... Respondent
2. DR. LALITHA RAO,
3. DR. PANKAJAM GOPALAKRISHNAN, SWARAJ,
4. THE LABOUR COURT, ERNAKULAM.
5. THE DEPUTY TAHSILDAR (RR),
For Petitioner :SRI.E.K.NANDAKUMAR
For Respondent :SRI.PAULSON.C.VARGHESE
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :11/07/2008
O R D E R
S.SIRI JAGAN, J
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W.P.(C).No. 19060 OF 2008
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Dated this the 11th day of July, 2008.
J U D G M E N T
Adv.Sri. Paulson C. Varghese appears for the 1st respondent.
By this writ petition the opposite party in C.P.No.26/1996
before the Labour Court, Ernakulam, challenges revenue recovery
proceedings for recovery of amounts directed to be paid by the
petitioner to the 1st respondent, by Ext.P1 order in
C.P.No.26/1996. The petitioner’s contention is that Ext.P1 is an
ex-parte order and the petitioner has filed an application for
setting aside the ex-parte order, which is pending. Therefore the
petitioner submits that the recovery proceedings, while the
petition to set aside the ex-parte order is pending, is clearly
unsustainable.
2. The counsel for the 1st respondent opposes the prayer.
Although strictly technically there may not be any illegality in
initiating the revenue recovery proceedings in the absence of any
stay of implementation of Ext.P1 order, I am of opinion that it is
not proper to recover the amount while the petition to set aside
W.P.(C).No. 19060 OF 2008 2
the ex-parte order is pending. Accordingly, I dispose of this writ
petition with the following directions:
The Labour Court, Ernakulam shall consider and pass orders
on Exts.P2 and P3 applications, as expeditiously as possible. Till
disposal of those applications, recovery proceedings for recovery
of the amount due under Ext.P1 including proceedings pursuant
to Ext.P4 shall be kept in abeyance.
S.SIRI JAGAN, JUDGE
bkn/-