IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 WP(C).No. 19205 of 2008(J) -------------------------- CP.28/2007 of LABOUR COURT, ERNAKULAM .................... PETITIONER: ------------ M/S.TRICOTT MILLS LTD., NATTIKA, TRICHUR - 680 566 REP. BY ITS MANAGING DIRECTOR, C.RAJAN MENON. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: ------------- 1. C.R.MURALI, S/O.RAMANKUTTY, CHAKKAMADATHIL HOUSE, THALIKKULAM, THRISSUR DISTRICT. 2. THE LABOUR COURT, ERNAKULAM. BY GP SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2008, ALONG WITH WPC NO. 19211 OF 2008 WPC NO. 18816 OF 2008 WPC NO. 18866 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19205 of 2008 APPENDIX EXHIBITS EXT.P1- THE PHOTOCOPY OF HTE RECEIPT DATED 13.6.05 ISSUED BY THE 1ST RESPONDENT EXT.P2- THE PHOTOCOPY OF CP NO.28/07 FILED BY THE FIRST RESPNDENT EXT.P3- THE PHOTOCOPY OF THE NOTICE DATED 27.3.08 EXT.P4- THE PHOTOCOPY OF THE AWARD DATED 18.1.08 IN CP NO. 28/07 PASSED BY THE SECOND RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C)s.19205/2008, 19211/2008 & 18866/2008 -------------------- Dated this the 17th day of September, 2008 JUDGMENT In all these writ petitions the challenge is against the ex parte order passed by the Labour Court on an application under Section 33(c)(2) of the Industrial Disputes Act awarding closure of compensation to the contesting respondent. According to the learned counsel for the petitioner, he had no knowledge of the proceedings and that the petitioner had entrusted the papers to a lawyer at Kodungalloor. In my view, the petitioner has a remedy before the Labour Court itself as against the ex parte order. It is upto them to explain the cause for delay in approaching the Labour Court and also the cause for non appearance before the Labour Court when the case was called. In the circumstances, I am not inclined to consider the correctness of the ex parte order passed by the Labour Court. Reserving the liberty of the petitioner to approach W.P.(C).19205/2008 2 the Labour Court as aforementioned, writ petitions are disposed of. V.GIRI, Judge mrcs