IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WA.No. 100 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.896/2008 Dated 08/01/2008 .................... APPELLANT(S): PETITIONER: -------------------------------------------- A.K.SREEKUMAR, JAYAVIHAR, KOCHUPILAMMODDU, KOLLAM-1, PROPRIETOR, REGENCY CASHEW COMPANY, EAST KALLADA, KOLLAM. BY ADV. SRI.V.V.RAJA SRI.R.RENJITH RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. THE LABOUR COURT, KOLLAM, REPRESENTED BY ITS SHERASTHDAR. 2. SUDHAKARAN PILLAI, S/O.PRABHAKARAN PILLAI, CHAITHRAM, ARINELLOOR P.O., THEVALAKKARA, KOLLAM. 3. K.J.DHANAN, S/O.GOVINDA PILLAI, GOVIND, MANGAD P.O., KOLLAM - 15. 4. R.SURESH KUMAR, S/O.RAVINDRAN, RAVINDRA SADANAM, PERUMPUZHA P.O., KERALAPURAM, KOLLAM. 5. MOHANAKUTTAN, S/O.GOPALAKRISHNA PILLAI, SREERANGAM, KALARI, CHAVARA P.O., KOLLAM. 6. NAJUMUDDIN MUSALIAR, SHAJI MANZIL, KARICODE P.O., KOLLAM. 7. M/S.WALTER CASHEW COMPANY, REPRESENTED BY MRS.HEMA SREEKUMAR, JAYAVIHAR, BEACH ROAD, KOLLAM. 8. THE TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, KOLLAM. GOVERNMENT PLEADER SMT. K.MEERA FOR R1 ADV. SRI.K.SUBASH CHANDRA BOSE FOR R2-5 SRI.K.J.JOMSON FOR R2-5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08/01/2009 ALONG WITH WPC.NO.31097 OF 2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY, Ag.C.J. & P.R.RAMACHANDRA MENON, J. -------------------------------------- W.A.No.100 of 2008 and W.P.(C)No.31097 of 2008 ------------------------------------- Dated 8th January, 2009 JUDGMENT Koshy, Ag.C.J . Appellant/petitioner is the proprietor of M/s.Regency Cashew Company engaged in the processing and export of cashew nut. Respondents 2 to 5 in these cases filed claim petition before the Labour Court, Quilon contending that they were not paid wages, bonus etc. for the period they had worked under the petitioner. When notice was received, petitioner entered appearance and thereafter did not file any objection to the petition. Petitioner was declared ex parte and thereafter order was passed computing amounts due to the workers. When revenue recovery notice was received, petitioner approached this court by filing W.P.(C)No.896 of 2008 challenging the order of the Labour Court. That was dismissed by the learned single Judge and W.A.No.100 of 2008 is filed against that judgment. W.P.(C)No.31097 of 2008 is filed to quash the order passed in the petition to set aside the ex parte order passed in the claim petition. W.A.100/08 & W.P.(C)31097/2008 2 Both writ appeal and writ petition are being heard today. Both sides appeared before us. 2. By order dated 15.1.2008 the writ appeal was admitted and interim stay was granted on condition of deposit of 50% of the award amount before the Labour Court within one month from the date of the order. It is submitted that the amount was already deposited as can be seen from Ext.P12 in W.P.(C)No.31097 of 2008. According to the petitioner, he is a lessee conducting M/s.Regency Cashew Company and since subsequent lessees agreed to contest the case, he did not contest the case, but, the alleged subsequent lessees are not parties to the writ petition. Therefore, learned Judge did not accept his plea. We are of the view that the matter should be heard on merit by the Labour Court as several contentions were raised by the petitioner. We also note that 50% of the decreed amount was already deposited. The above amount can be disbursed to the workers forthwith by the Labour Court and on that condition the impugned orders are set aside. The Labour Court is directed to hear the matter on merit. The case be posted on 24.2.2009. Both sides to take notice. Petitioner shall not ask for any adjournment in future W.A.100/08 & W.P.(C)31097/2008 3 postings. A copy of this judgment should be sent to the Labour Court, Quilon as expeditiously as possible by the Registry. Both writ appeal and writ petition are disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON JUDGE tks