IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WA.No. 2281 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.24467/2007 Dated 14/07/2009 .................... APPELLANT/PETITIONER: --------------------------- A. NISAMUDEEN, PROPRIETOR, QUILON CASHEWS, KILIKOLLOOR P.O., KOLLAM - 691 004. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENTS/RESPONDENTS: ---------------------------------- 1. V. VASANTHASENAN, KAKKIDIVILA VEEDU, (VIDHYA BHAVAN), NEDUMGOLAM P.O., S. PARAVUR, KOLLAM DISTRICT. 2. THE LABOUR COURT, KOLLAM. R1 BY ADV. SMT. RENU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2281 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2009 JUDGMENT Basheer, J. We have heard learned Senior Counsel, Sri.K.P.Dandapani, appearing for the appellant and Mrs.Renu, learned counsel appearing for respondent No.1. 2. The only grievance of the appellant relates to imposition of cost of Rs.25,000/- on him by the learned Single Judge while remitting the case back to the Labour Court. 3. We have been taken through the judgment and other materials available on record. 4. Having regard to the peculiar facts and circumstances of the case we are of the view that, imposition of cost is not at all just or proper. It is on record that the appellant has already paid Rs.60,000/- to the workman as directed by a Division Bench in W.A. No.117 of WA No.2281 of 2009 -:2:- 2008. The learned Single Judge has in fact found that there was no “contumacious default” on the part of the appellant. Therefore the direction issued by the learned Single Judge to the appellant to pay cost of Rs.25,000/- to respondent No.1 is set aside. The judgment of the learned Single Judge is modified to the above extent. The Writ Appeal is closed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb