IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 17105 of 2003(J) -------------------------- PETITIONER: ------------- SUDARSANAN, S/O. SHANKU, AGED 48, THIRUVATHIRA, PULIYATHUMUKKU, AYATHIL P.O., KOLLAM DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.SANTHARAM.P SRI.JACOB SEBASTIAN SRI.PRAVEEN K. JOY RESPONDENTS: ------------------ 1. V.K. BHASKARAN, A.C. PALACE, KILIKOLLOOR P.O., KOLLAM, KOLLAM DISTRICT. 2. THE INDUSTRIAL TRIBUNAL, KOLLAM. ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI. NOUSHAD THOTTATHIL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17105/2003 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE AWARD DATED 05.04.1999 PASSED BY THE INDUSTRIAL TRIBUNAL, KOLLAM. EXT.P2 : TRUE COPY OF THE ORDER OF THE LABOUR COURT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C).No. 17105 of 2003 - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2011. JUDGMENT Heard the learned counsel for the petitioner. 2. The petitioner has filed this writ petition with the following prayer: Call for the records leading to Exts.P1 and P2 and quash the same, issuing a writ in the nature of certiorari. 3. It appears that the petitioner's counsel has failed to contest the case properly and remained ex parte. Without expressing any opinion on the merits of the case, I set aside Ext.P1 and P2 orders passed by Industrial Tribunal, Kollam and Labour Court, Kollam respectively and remit the matter to the Industrial Tribunal to adjudicate the case in accordance with law. To mitigate the prejudice caused to the respondent, the petitioner shall pay a sum of `2000/- (Rupees two thousand only) as costs within one month from today. The parties are directed to appear before the Industrial Tribunal, Kollam on 14.11.2011 without any further notice. The amount deposited by the petitioner in pursuance of the directions of this Court shall be disbursed in favour of the first respondent subject to giving an undertaking that he will refund the same in the event of which the award is passed against him. This writ petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv O.P. No. -:2:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 17105 of 2003 ------------------------------------------------------------- Dated this the 13th day of October, 2011. JUDGMENT