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.