IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 19060 of 2008(R) ------------------------------------- CP.26/1996 of LABOUR COURT, ERNAKULAM .................... PETITIONER : ------------------ CHANDRAN MENON K. PATTARUMADATHIL HOUSE, CHITTOOR ROAD, KACHERIPADY, ERNAKULAM. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS : ---------------------- 1. N.GOPINATHA MENON, RADHA NIVAS, SOUTH CHITTOOR, KOCHI. 2. DR. LALITHA RAO, KRISHNA NURSING HOME, CHITTOOR ROAD, ERNAKULAM. 3. DR. PANKAJAM GOPALAKRISHNAN, SWARAJ, KALATHIPARAMBIL ROAD, KOCHI -16. 4. THE LABOUR COURT, ERNAKULAM. 5. THE DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM, KOCHI -11. BY ADV. SRI.PAULSON.C.VARGHESE GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 19060 OF 2008 ==================== Dated this the 11th day of July, 2008. J U D G M E N T Adv.Sri. Paulson C. Varghese appears for the 1st respondent. By this writ petition the opposite party in C.P.No.26/1996 before the Labour Court, Ernakulam, challenges revenue recovery proceedings for recovery of amounts directed to be paid by the petitioner to the 1st respondent, by Ext.P1 order in C.P.No.26/1996. The petitioner's contention is that Ext.P1 is an ex-parte order and the petitioner has filed an application for setting aside the ex-parte order, which is pending. Therefore the petitioner submits that the recovery proceedings, while the petition to set aside the ex-parte order is pending, is clearly unsustainable. 2. The counsel for the 1st respondent opposes the prayer. Although strictly technically there may not be any illegality in initiating the revenue recovery proceedings in the absence of any stay of implementation of Ext.P1 order, I am of opinion that it is not proper to recover the amount while the petition to set aside W.P.(C).No. 19060 OF 2008 2 the ex-parte order is pending. Accordingly, I dispose of this writ petition with the following directions: The Labour Court, Ernakulam shall consider and pass orders on Exts.P2 and P3 applications, as expeditiously as possible. Till disposal of those applications, recovery proceedings for recovery of the amount due under Ext.P1 including proceedings pursuant to Ext.P4 shall be kept in abeyance. S.SIRI JAGAN, JUDGE bkn/-