IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 48 of 2010()
1. SAHAKARANA KALLUCHETHU VYAVASAYA SANGHOM
... Petitioner
Vs
1. K.V.KURIAKOSE,
... Respondent
2. THE INDUSTRIAL TRIBUNAL,
3. THE LABOUR COURT,
For Petitioner :SRI.M.C.JOHN
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :13/01/2010
O R D E R
S.R.Bannurmath, C.J. &
Thottathil B.Radhakrishnan, J.
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W.A. No.48 of 2010
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Dated this the 13th day of January, 2010
ORDER
S.R.Bannurmath, C.J.
The writ petitioner, aggrieved by the judgment of the
learned Single Judge dismissing W.P.(C) No.31125 of 2009 only
on the ground of delay and laches, has approached this Court in the
present writ appeal.
2. The appellant society suffered the award Ext.P6
from the Industrial Tribunal, Palakkad passed in the year 2006. It
is after nearly three years the present writ petition challenging the
award has been filed. Taking into consideration the long
inordinate delay, especially when the appellant did participate in
the Dispute proceedings and was aware of the award, its inaction
or sleeping over for three years, the learned Single Judge held that
the delay was unpardonable.
W.A. No.48 of 2010
2
3. It is submitted on behalf of the appellant that on
the basis of the award, a claim petition is filed under Section
33C(2) of the Industrial Disputes Act and the same is pending
consideration. In view of the pendency of the proceedings
under Section 33C(2) of the Industrial Disputes Act, it is open
for the appellant to agitate all the matters coming within the
purview and as such that has nothing to do with the dismissal of
the writ petition on the ground of delay and laches.
Hence, we do not find any reason to disturb the
judgment of the learned Single Judge. We find no merit in the
writ appeal and the same is dismissed.
S.R.Bannurmath,
Chief Justice
Thottathil B.Radhakrishnan,
Judge
vns