IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5004 of 2009(U)
1. VIJAYAN, CONVENOR C.I.T.U,MANALAYAM UNIT
... Petitioner
2. DINESH KUMAR, CONVENOR I.N.T.U.C
3. LAWRENCE, CONVENOR A.I.T.U.C
Vs
1. DISTRICT LABOUR OFFICER
... Respondent
2. REGIONAL JOINT LABOUR COMMISSIONER
3. BABU,
4. BINU
5. ANILKUMAR
6. REGHU
7. SIVARAJAN
8. PADMA GIRISH V.G.
9. K.KUNJUMON
10. A.SURESH KUMAR
11. RAJESH .T.
12. K.PADMAKUMAR
13. C.S.VIPINKUMAR
14. M.MANOJKUMAR
15. DHANAVEERAN
For Petitioner :SRI.VIJU ABRAHAM
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :16/02/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 5004 OF 2009 (U)
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Dated this the 16th day of February, 2009
J U D G M E N T
The challenge in this writ petition is against Ext.P6, by which, Ext.P4
application made by the petitioners for restoration of Ext.P2 appeal, which
was dismissed by Ext.P3 order for default was rejected.
2. Ext.P4, the petition for restoration explains the absence of the
petitioners on 5/1/2007 when the appeal was taken up for consideration.
However, Ext.P6 order shows that not only that on 5/1/2007 petitioners
were absent, but also on 15/9/06, 17/11/2006 and 15/12/2006, they were
absent. If that be so, I have no reason to invalidate Ext.P6.
3. However, if the petitioners have any explanation to offer
about the absence on the other days, it is up to them to make a fresh
application for restoration, in which case, the appellate authority shall deal
with the same with notice to others in accordance with law.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp