IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 33369 of 2007(V)
1. VAGHAMON TEA ESTATES,MANARKATTU BUILDING
... Petitioner
Vs
1. K.V.THOMAS,ROLL NO.1826,SECTION OFFICER
... Respondent
2. LABOUR COURT,ERNAKULAM,COCHIN-682 031.
3. DISTRICT LABOUR OFFICER,DISTRICT LABOUR
4. DEPUTY TAHSILDAR (RR),PALAI,
5. VILLAGE OFICER,LALAM VILLAGE PALAI,
6. DISTRICT COLLECTOR,KOTTAYAM - 686 002.
For Petitioner :SRI.A.M.SHAFFIQUE
For Respondent :SRI.H.B.SHENOY
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :14/12/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.33369 OF 2007
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Dated this the 14th day of December, 2007
JUDGMENT
Against Ext.P3 order of the Labour Court in C.P.No.17/06,
which was an ex-parte order, the petitioner who was the opposite
party in the C.P. filed Ext.P5 application for setting aside the ex-
parte order along with a petition to condone delay in filing the
application for setting aside ex-parte order. The petitioner’s
grievance in this writ petition is that while the petition to set
aside ex-parte order is still pending, Revenue Authorities have
initiated revenue recovery proceedings for recovery of the
amounts covered by Ext.P3 by issuing Exts.P7 and P8. The
petitioner seeks expeditious disposal of Ext.P5 application and the
petition to condone delay and to stay further proceedings
pursuant to Ext.P7 and P8 till disposal of Ext.P5 and the petition
to condone delay.
2. I have heard the learned counsel for the petitioner, the
learned Government pleader as also the learned counsel
appearing for the 1st respondent.
W.P.(c)No.33369/07 2
3. Having heard all the parties, I am of opinion that
the Labour Court should consider and pass appropriate orders
on Ext.P5 application for setting aside ex-parte order and the
application for condonation of delay in filing the same. The
same shall be done as expeditiously as possible. Till orders are
passed on Ext.P5 and the application for condonation of delay,
further proceedings pursuant to Exts.P7 and P8 shall be kept in
abeyance. The Labour Court shall dispose of the application to
set aside ex-parte order and the petition to condone the delay
within two months from the date of receipt of a copy of this
judgment.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.33369/07 3