IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 2692 of 2004(U) ------------------------- ID.80/1994 of LABOUR COURT, KOLLAM .................... PETITIONER(S): --------------- THE SECRETARY, VANIJYA VYAVASAYA MANZDOOR SANGH, B.M.S. OFFICE, MAIN ROAD, KOLLAM. BY ADV. SRI.P.RAMAKRISHNAN SMT.PREETHI KESAVAN RESPONDENT(S): --------------- 1. THE LABOUR COURT, KOLLAM. 2. RAJENDRA PRASAD, PROPRIETOR, PROVISION, STORES, VARINJYA THOTTAM, THATTAMALA, KOLLAM. ADV. SRI.K.SUBASH CHANDRA BOSE FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AWARD DATED 5.5.2003 IN I.D.ANO. 80 OF 1994 PASSED BY THE FIRST RESPONDENT. 2ND RESPONDENT'S EXHIBITS: EXT.R2(a) TRUE COPY OF THE LETTER AND FORM N-3 DOCUMENT GIVEN BY THE INFORMATION OFFICER DATED 2.1.2008 EXT.R2(b) TRUE COPY OF THE LETTER AND FORM 6 DOCUMENT GIVEN BY THE INFORMATION OFFICER DATED --1-2008 TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 2692 OF 2004 -------------------------------------------- Dated this the 18th day of June, 2009 JUDGMENT Heard counsel for the petitioner and counsel appearing for the second respondent. On going through the award and after hearing counsel on both sides, I do not find any ground to interfere with the award because claimant failed to establish his employment under the second respondent through evidence. In fact, management's evidence remains unchallenged as there was not even a cross-examination by the claimant. W.P.C. is therefore dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 2