Thankappan vs P.G.Dhananjayan on 28 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 320 of 2008(A)



1. THANKAPPAN
                      ...  Petitioner

                        Vs

1. P.G.DHANANJAYAN
                       ...       Respondent

                For Petitioner  :SRI.J.OM PRAKASH

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :28/05/2008

 O R D E R
                           ANTONY DOMINIC, J.

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                R.P.No.320/2008 in W.P.(C)No. 25837/2007-A
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                    Dated this the 28th day of May, 2008

                                 O R D E R

This review petition is filed by a third party after obtaining leave

from this Court. The ground urged is that Ext.P1 order in the writ

petition is vitiated for fraud and for want of jurisdiction.

2. The writ petition was filed by the first respondent herein

complaining that the authorities were not taking effective steps for the

recovery of the amount due in terms of Ext.P1, an order passed by the

Labour Court exercising its powers under Section 33(c)(2) of the

Industrial Disputes Act. It is dealing with such contention that the writ

petition was disposed of directing that recovery proceedings shall be

pursued for realisation of the amount due under Ext.P1.

3. While passing this judgment, this Court had no occasion to

adjudicate the validity or correctness of Ext.P1 order or, if at all the

review petitioner is aggrieved, he has to pursue the same independently.

In view of the above, review petition is misconceived and

dismissed however without prejudice to the right of the petitioner to

pursue the matter independently.

ANTONY DOMINIC
JUDGE
ms