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Kerala High Court
Olam Exports(India Ltd vs Secretary on 9 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9524 of 2008(H)


1. OLAM EXPORTS(INDIA LTD
                      ...  Petitioner

                        Vs



1. SECRETARY,
                       ...       Respondent

2. THE INDUSTRIAL TRIBUNAL, KOLLAM.

                For Petitioner  :SRI.E.K.NANDAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :09/06/2008

 O R D E R
                            S. Siri Jagan, J.
               =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                      W. P (C) No. 9524 of 2008
               =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                    Dated this, the 9th June, 2008.

                           J U D G M E N T

Petitioner is the management in I.D.No. 28/2003 before the

Industrial Tribunal, Kollam. They are challenging Ext. P3 ex parte

award passed by the Tribunal in that I.D. The contention of the

petitioner is that originally the Tribunal had taken the matter for

award setting the workman ex parte. Thereafter, the ex parte order

against the workman had been set aside without notice to the

petitioner. The petitioner was totally unaware of the further

proceedings in the I.D and the petitioner became aware of the same

only when the petitioner received an application filed by the legal

heirs of the workman involved for gratuity along with a copy of Ext.

P3 award. The petitioner therefore seeks quashing of Ext. P3 award

and a direction to the Tribunal to consider the matter on merits.

2. Although notice was served on the respondents, nobody

appears to contest the matter, probably because the 1st respondent-

Union is not very interested as the workman is no more. Taking into

account the facts and circumstances of the case, I quash Ext. P3

award and direct the Tribunal to re-adjudicate the dispute, after

affording an opportunity to the petitioner as well as the legal heirs of

the deceased workman to contest the matter on merits. The

petitioner shall provide the names and addresses of the legal heirs of

the deceased workman to the Tribunal within two weeks from the

date of receipt of a copy of this judgment and the Tribunal shall suo

motu implead them and issue notice to them. If the petitioner does

not provide the names and addresses of the legal heirs of the

deceased workman, the petitioner would not be entitled to the

benefits of this judgment and Ext. P3 award would stand confirmed.

The petitioner shall produce the names and addresses before the

W.P.C. No. 9524/2008. -: 2 :-

Tribunal along with a certified copy of this judgment. The writ

petition is disposed of as above.

Sd/- S. Siri Jagan, Judge.

Tds/


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