IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 13821 of 2008(U) ------------------------------------ PETITIONER: ----------------- COCHIN ALLOY PRODUCTS PVT.LTD, REP; BY ITS DIRECTOR, K.C.TAJAN, AGED 45 YEARS, SON OF K.L.CYRIL, M-51, CHANGAMPUZHA NAGAR, KALAMASSERY, KOCHI-683 104. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.THOMAS P.MAKIL SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE RESPONDENTS: --------------------- 1. THE PRESIDING OFFICER, LABOUR COURT, ERNAKULAM, KOCHI-682031. 2. M.RAJALAKSHMI AMMA, PUNNOOR HOUSE, THRIPPERUMTHURA P.O. 690 105,CHENNITHALA, MAVELIKKARA, ALAPPUZHA DISTRICT. BY GOVT. PLEADER SMT. D. SUDHA DEVI FOR R1 ADVS. SRI.K.S.MADHUSOODANAN FOR R.2 SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA SRI.T.V.JAYAKUMAR NAMBOODIRI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT. P1 : TRUE COPY OF CERTIFICATE OF REGISTRATION AS SICK UNIT NO. B67540/07 DATED 28.2.2008 ISSUED BY GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ERNAKULAM TO PETITIONER. EXT. P2 : TRUE COPY OF AWARD DATED 2.8.2004 PASSED BY INDUSTRIAL TRIBUNAL, ALAPPUZHA IN I.D.NO. 26 OF 2003. EXT. P3 : TRUE COPY OF JUDGMENT DATED 27.7.2005 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 4408/2005-Y EXT. P4 : TRUE COPY OF AWARD DATED 26.6.2006 PASSED BY INDUSTRIAL TRIBUNAL, ALAPPUZHA IN I,D,NO. 26 OF 2003. EXT. P5 : TRUE COPY OF PETITION DATED 13.2.2007 FILED BY PETITIONER BEFORE 1ST RESPONDENT AS C.P.NO. 18 OF 2007. EXT. P6 : TRUE COPY OF ORDER DATED 26.3.2007 PASSED BY 1ST RESPONDENT IN C.P.NO. 18 OF 2007. EXT. P7 : TRUE COPY OF SHOW CAUSE NOTICE NO. HCP 3753/2007 DATED 14.8.2007 ISSUED TO PETITIONER BY DISTRICT LABOUR OFFICER, ERNAKULAM. EXT. P8 : TRUE COPY OF AFFIDAVIT AND PETITION DATED 25.8.2007 FILED BY PETITIONER BEFORE 1ST RESPONDENT AS M.P.NO. 150 OF 2007 IN C.P.NO. 18 OF 2007. EXT. P9 : TRUE COPY OF AFFIDAVIT AND PETITION DATED 25.8.2007 FILED BY PETITIONER BEFORE 1ST RESPONDENT AS M.P.NO. 149 OF 2007 IN C.P.NO. 18 OF 2007. EXT. P10 : TRUE COPY OF WRITTEN OBJECTIONS DATED 19.9.2007 FILED BY 2ND RESPONDENT BEFORE 1ST RESPONDENT. EXT. P11 : TRUE COPY OF ORDER DATED 6.2.2008 PASSED BY 1ST RESPONDENT IN M.P.NO. 150 OF 2007 IN C.P.NO. 18 OF 2007. EXT. P12 : TRUE COPY OF SHOW CAUSE NOTICE NO. HCP 3753/07 DATED 9.4.2008 ISSUED TO PETITIONER BY DISTRICT LABOUR OFFICER, ERNAKULAM. RESPONDENT'S EXHIBITS: EXT. R2(a) : PHOTOCOPY OF THE LAWYER NOTICE DATED 11.12.06 EXT. R2(b) : PHOTOCOPY OF THE EXPARTE AFFIDAVIT IN C.P. 18/07 DATED 26.3.2007. /TRUE COPY/ P.A. TO JUDGE VKM S.SIRI JAGAN, J ================== W.P(C)No.13821 of 2008 ================== Dated this the 10th day of July, 2008. J U D G M E N T The petitioner is the opposite party in C.P. No.18/2007 before the Labour Court, Ernakulam. The Labour Court passed Ext.P6 order directing the petitioner herein to pay an amount of Rs.1,03,648/- to the 2nd respondent herein. That was an ex parte order. When the District Labour Officer initiated proceedings for recovery of the said amount the petitioner filed Ext.P8 application for setting aside the ex parte order along with a petition to condone the delay. The same was dismissed by the Labour Court by Ext.P11 order. The petitioner is challenging Ext.P6 and P11 orders in this writ petition. The petitioner submits that the petitioner could not participate in the proceedings on account of circumstances beyond his control and therefore he may be given an opportunity to contest the claim petition on merits. This is opposed by the Counsel for the 2nd W.P (C) .No.13821 of 2008 - 2 - respondent, who would support Exts.P6 and P11 orders. 2. After hearing both sides, I am of opinion that the petitioner can be given another opportunity to contest the matter on merit, since the petitioner is seriously challenging the computation of the amounts. But the same can only be subject to condition of payment of admitted amount. The petitioner himself admits that an amount of Rs.50,461/- is payable to the 2nd respondent in accordance with Exts.P2 and P4 award. That being so the petitioner may be given an opportunity to contest the matter on merits only if the petitioner pays that amount. However, the petitioner seeks two months time to pay the same. 3. After considering all aspects, I dispose of this writ petition with the following directions: The petitioner shall pay an amount of Rs.50,461/- in two installments on 11.8.2008 and 15.9.2008. On such payments Ext.P6 order would stand set aside. Thereafter the Labour Court shall reconsider the C.P after affording W.P (C) .No.13821 of 2008 - 3 - both sides an opportunity to adduce evidence and pass orders. The petitioner shall appear before the Labour Court on 16.9.2008. However, I make it clear that the benefits of the above directions would not be available to the petitioner if he does not pay the amount as directed above in which case Ext.P6 and P11 orders would stand confirmed. The amount of Rs.5000/- paid as per order dated 29.4.2008 shall not be recovered from the 2nd respondent which shall be the costs payable by the petitioner to the 2nd respondent in these proceedings. S.SIRI JAGAN, JUDGE rhs