High Court Kerala High Court

Puliyila Handloom Sangham No. … vs K.Soman on 23 March, 2007

Kerala High Court
Puliyila Handloom Sangham No. … vs K.Soman on 23 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5505 of 2004(E)


1. PULIYILA HANDLOOM SANGHAM NO. 3337,
                      ...  Petitioner

                        Vs



1. K.SOMAN, NANJU BHAVANAM,
                       ...       Respondent

2. THE INDUSTRIAL TRIBUNAL, KOLLAM.

                For Petitioner  :SRI.C.UNNIKRISHNAN (KOLLAM)

                For Respondent  :SRI.RAJU JOSEPH, ADDL.SC.,KSFE LTD.

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :23/03/2007

 O R D E R
                               S. SIRI JAGAN, J.

                            --------------------------

                         W.P.(C)NO.5505 OF 2004

                            -------------------------

              DATED THIS THE 23rd DAY OF MARCH, 2007


                                    JUDGMENT

The petitioner is the management in I.D.No.56/01 before the

Industrial Tribunal, Kollam. They are challenging Ext.P6 award in that

I.D. Ext.P6 is an ex-parte award. Their contention is that before

passing this award, the workman was set ex-parte and he filed an

application to set aside the ex-parte order, in respect of which the

management had no notice. Since Ext.P6 award has been passed after

setting aside the ex-parte order against the workman, without notice

to the management, Ext.P6 award is vitiated, is the submission made

by the learned counsel for the petitioner.

2. Learned Counsel for the workman submits that even before

the workman was set ex-parte, the management had already been set

ex-parte and therefore when the petitioner filed an application to set

aside the ex-parte order against him, there is no question of serving

copy of the application to set aside the ex-parte order against the

workman on the management. On that ground , the learned counsel

for the workman stoutly supports Ext.P6 award.

3. I have considered the rival contentions in detail.

W.P.(c)No.5505/04 2

Admittedly Ext.P6 award is an ex-parte award. Both sides were not

very diligent in prosecuting their cases and both were set ex-parte.

The workman filed an application to set aside the ex-parte

admittedly without serving copy to the management. In such

circumstances, I am not satisfied that the Tribunal had done the

right thing in setting aside the ex-parte order against the workman

alone and passing the award without any notice to the

management. In any event, since both the parties were negligent

in the matter of prosecuting their cases, it is only appropriate that

the matter to be adjudicated on merits after affording an

opportunity of being heard to both sides.

4. Accordingly, I set aside Ext.P6 award and remand the

matter to the Industrial Tribunal, Kollam for fresh adjudication. The

Industrial Tribunal, Kollam shall take back I.D.No.56/01 on files and

dispose of the I.D. afresh after affording an opportunity to adduce

evidence to both sides and after hearing both sides. The parties

shall appear before the Tribunal on 4.6.07. The Tribunal shall try to

dispose of the matter without any further delay, since the dispute is

of the year 2001.

The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

Acd

W.P.(c)No.5505/04 3