IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 24991 of 2007(A) -------------------------- CP.56/2005 of LABOUR COURT, KOLLAM .................... PETITIONER: ------------ H.S.MANI ALIAS SUBRAMANI(MANISWAMY), S/O S.S.HARIHARA IYYER, AGED 55 YEARS, LAKSHMI INDUSTRIALS & LAKSHMI OPTICALS, ATTINGAL, OPP. MUNICIPAL OFFICE, ATTINGAL, RESIDING AT BAGAVATHI NIVAS, NEAR GOURI THEATRE, ATTINGAL-695101. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SRI.M.AJAY (IRUMPANAM) SRI.G.HARIKRISHNAN (TRIPUNITHURA) RESPONDENTS: ------------- 1. S.G.ROZARIO, T.C.13/665, MARANDA JUNCTION, KUNNUKUZHI P.O., TRIVANDRUM. 2. THE LABOUR COUT, KOLLAM, REPRESENTED BY ITS SECRETARY. 3. DISTRICT LABOUR OFFICER, O/O DISTRICT LABOUR OFFICER, TRIVANDRUM. BY ADV. SRI.AJITH KRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 24991/07. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE SUIT NOTICE DTD.18.11.04. P2. COPY OF THE MEDICAL RECORDS REGARDING THE PETITIONER. P3. COPY OF THE TREATMENT CERTIFICATE. P4. COPY OF THE CLIM PETITION. P5. COPY OF THE SHOW CAUSE NOTICE DTD.28.6.07. P6. COPY OF THE ORDER DTD.27.1.06 IN CLAIM PETITION. P7. COPY OF THE DEPOSITION OF R1. P8. COPY OF THE LETTER OF APPOINTMENT DTD.4.4.94. P9. COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.JACOB PHILIP DTD.27.11.07. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.24991 of 2007 ================== Dated this the 26th day of June, 2008 J U D G M E N T The petitioner is the management in C.P.No.56/2005 before the Labour Court, Kollam. That C.P. was decided ex parte and the petitioner was directed to pay to the 1st respondent herein an amount of Rs.77,500/- as arrears of salary due to the 1st respondent. The petitioner submits that the petitioner could not participate in the proceedings before the Labour Court only because of acute disabled condition on account of serious disease as evidenced by the medical certificates now produced before this Court. The petitioner, therefore, seeks quashing of Ext.P6 order and to direct the Labour Court to reconsider the claim petition after affording an opportunity of being heard to the petitioner. This is opposed by the 1st respondent who submits that the medical certificates produced are in respect of subsequent period and not with respect to the period during which the claim petition was actually disposed of. 2. Having heard both sides, taking a lenient view, I w.p.c.24991/07 2 dispose of this writ petition as follows: The Labour Court is directed to reconsider the matter after affording opportunity to adduce evidence to both sides, as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of this judgment on condition that the petitioner pays ten per cent of the amount ordered as per Ext.P6 which would be adjusted against the amounts which the Labour Court may direct to the petitioner to pay to the 1st respondent. However, if ultimately the claim petition is dismissed, the said amount shall not be recovered from the 1st respondent and shall be treated as costs in this writ petition. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.24991/07 3