IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 12950 of 2008(N) -------------------------- CP.40/2006 of LABOUR COURT, KOLLAM .................... PETITIONER(S): --------------- M.AMRUTHAM, LINE MAN (RETIRED), K.S.E.BOARD, (MELEVTHOTTATHU VEEDU, AVIRA P.O, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.V.V.SIDHARTHAN SRI.D.G.VIPIN SRI.P.J.ANTONY JOSEPH SRI.M.M.SHIHAB RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, ALONG WITH WPC NO. 28917 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 12950/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER IN C.P.NO.40/06 OF THE LABOUR COURT, KOLLAM. P2. COPY OF THE PETITION DTD.25.10.07 TO R1. P3. COPY OF THE SHOW CAUSE NOTICE DTD.29.1.08. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).Nos.12950 & 28917 of 2008 ================== Dated this the 22nd day of March, 2011 J U D G M E N T W.P.(C).No.28917/2008 is filed by the Kerala State Electricity Board challenging Ext.P15 order of the Labour Court, Kollam, by which, the Labour Court directed the Board to pay to the petitioner in W.P.(C).No. 12950/2008 incentive allegedly payable in accordance with Ext.P2 long term settlement entered into between the Unions and the Electricity Board. W.P.(C).No.12950/2008 is filed by the workman involved in C.P.No.40/2006, in which, Ext.P15 order in the other writ petition has been passed, seeking a direction to implement the order of the Labour Court, Kollam, in C.P.No.40/2006. I am not going into the merits of the rival contentions in view of the agreement reached between the parties. One of the grounds, on which Ext.P15 order in W.P.(C).No.28917/2008 has been passed by the Labour Court is that despite the workman seeking discovery of the documents, the Board did not produce the same, because of which, adverse inference has been drawn against the Kerala State Electricity Board. They now submit that those documents are produced as exhibits in W.P.(C).No. 28917/2008. They also point out other infirmities in the order of the Labour Court. The parties now agree that in view of the documents now produced, the matter can be remanded to the Labour Court, in w.p.c.12950/08 & cc. 2 order to enable the Labour Court to consider the matter afresh after considering the documents now produced by the Electricity Board. In view of the agreement reached, I set aside the Ext.P15 order in W.P. (C).No. 28917/2008 in C.P.No.40/2006 before the Labour Court, Kollam, and direct the Labour Court to re-adjudicate the C.P. after affording opportunity to both sides to adduce fresh evidence and pass fresh orders in accordance with law, after considering the evidence adduced by the parties, including the additional evidence to be produced by the parties. The same shall be done, as expeditiously as possible, at any rate, within six months from the date of receipt of a certified copy of this judgment. The writ petitions are disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge