IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 12293 of 2009(F) ------------------------------------- PETITIONER(S): ---------------------- SHANTARAM SHENOY, SHENOY ENTERPRISES, CELLILAR PHONE DEVISION, FORT ROAD, KANNUR. BY ADV. MR.P.M.PAREETH RESPONDENT(S): ------------------------ 1. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, (DISTRICT LABOUR OFFICER), KANNUR- 670 002. 2. RAJESH K., S/O. BALAN, KANJARANKANDY HOUSE, P.O. VALAPATTANAM, KANNUR. R1 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH R2 BY ADV. MR.P.U.SHAILAJAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V.GIRI,J. ------------------------- W.P ( C) No. 12293 of 2009 -------------------------- Dated this the 11th June,2009 J U D G M E N T Petitioner engaged the 2nd respondent for canvassing cellular connections, allegedly on payment of Commission. Second respondent moved an application before the 1st respondent, competent authority under the Payment of Gratuity Act. It seems that the petitioner did not get a notice from the authority personally. Therefore, he did not appear. An ex parte order Exhibit-P1 was passed on 26.4.2008. Petitioner filed an application for setting aside the ex parte order as per Exhibit-P2. The same was dismissed under Exhibit-P3. Exhibit-P3 has been challenged in the writ petition. 2. Though notice has been issued to the 2nd respondent there is no appearance on his behalf. I think it is appropriate to treat the averments in the writ petition as un-controverted. I also find that it will be appropriate that the petitioner be given a chance to contest the matter W.P ( C) No. 12293 of 2009 2 on merits. Application to set aside the ex parte order may be be reconsidered after notice to the 2nd respondent. 3. Accordingly Exhibit-P3 is quashed and the 1st respondent shall reconsider Exhibit-P2 application filed by the petitioner herein, after notice to the 2nd respondent and pass fresh orders within three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 12293 of 2009 3 W.P ( C) No. 12293 of 2009 4