IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 23830 of 2006(J) -------------------------- CP.23/2006 of LABOUR COURT, KANNUR .................... PETITIONER(S): --------------- K.RAMAKRISHNAN, S/O.KELU, AGED 63 YEARS, KEEZHATHUR HOUSE, KOTTARATHUMPARA, AZHIKODE, KANNUR-9. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- 1. MANAGING DIRECTOR, RAJESWARI WEAVING MILLS, P.O.AZHIKODE, KANNUR. 2. THE PRESIDING OFFICER, LABOUR COURT, KANNUR. ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU BY G.P.SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23830 of 2006(J) -------------------------- PETITIONER'S EXTS: EXT.P1:- COPY OF WAGES SLIP OF THE PETITIONER FOR THE PERIOD 19.11.2001 TO 24.11.2001. EXT.P2:- COPY OF THE PETITION FILED BY THE UNION ON BEHALF OF THE PETITIONER DTD. 9.1.2002 BEFORE THE DISTRICT LABOUR OFFICER, KANNUR EXT.P3:- COPY OF THE CLAIM PETITION U/S.33(C)(2) OF THE I.D.ACT FILED BY THE PETITIONER BEFORE R2. EXT.P4:- COPY OF ORDER DTD.15.6.2006 IN CP NO.23/2006 OF THE 2ND RESPONDENT RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.23830 OF 2006 --------------------------------------- Dated this the 23rd day of November, 2010 JUDGMENT The petitioner challenges Ext.P4 order of the Labour Court, Kannur under Section 33(2) of the Industrial Disputes Act, whereby the claim of the petitioner for arrears of wages and bonus has been dismissed. The contention of the petitioner is that the management was ex parte in that claim petition and therefore, the Labour Court went wrong in dismissing the claim petition. From Ext.P4 order of the Labour Court, I find that the dismissal was on the ground that the petitioner has not produced any evidence to substantiate his contention. It is stated in paragraph 5 of Ext.P4 as follows: “ xxx xxx xxx xxx xxx xxx xxx xxx 5. Point No.1 & 2:- The claim petition is filed for an amount of Rs.19,552/- as wage arrears and Rs.4,692/- as bonus at the rate of 24%. Even from the averments in the claim petition, it is clear that there is a dispute regarding the superannuation date of the applicant and it is alleged in the claim petition that the respondent denied employment to the applicant with effect from 12/2001 under the pretext that the applicant attained the age of superannuation. Further averments in the claim petition shows that there is a Writ Petition W.P.(C)No.23830/06 2 filed by the applicant before the Hon'ble High Court of Kerala praying for direction to refer the dispute for adjudication. Since the superannuation date as well as the denial of employment etc. are in dispute which is the subject matter of the Writ Petition, the number of which is not given in the claim petition, this Court is not able to hold that the present claim petition as brought is maintainable. There is absolutely nothing on record to show that the bonus was given by the management mill at the rate of 24% in the year 2001. The mere fact that the notice sent to the respondent mill was returned unclaimed and that they remained ex parte does not prove the claim petitioner's case. In the absence of any evidence to show that the total wages drawn by the petitioner is at Rs.90/- per day for 8 months, i.e. from 1.4.2001 to November 2001 and that the respondent mill had given bonus at the rate of 24%, the claim petition cannot be allowed on the mere fact that the respondent is exparte. Since the claim petitioner failed to establish his entitlement to the amount claimed, the same can only be dismissed.” Even if the management is ex parte, the petitioner has a duty to prima facie prove his case. Admittedly, the petitioner has not chosen to produce any evidence whatsoever in support of his claim. Therefore, I do not find any infirmity in Ext.P4 order and accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.23830/06 3 W.P.(C)No.23830/06 4