IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 9524 of 2008(H) ------------------------- PETITIONER: ------------ OLAM EXPORTS(INDIA LTD BISHOP KERROM NAGAR, KOLLAM 691 001. REPRESENTED BY ITS SR.EXECUTIVE (PERSONEL & LEGAL) BY ADV. SRI.E.K.NANDAKUMAR RESPONDENTS: ------------- 1. SECRETARY, KERALA CASHEW WORKERS MAZDOOR SANGH (B.M.S.) MAZDOOR BHAVAN,THAMARAKKULAM,KOLLAM-1 2. THE INDUSTRIAL TRIBUNAL, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 9524/2008 ----------------------------------------------------------------- EXT.P1 TRUE COPY OF CLAIM STATEMENT DT. 8-8-2003. EXT.P2 APPLICATION FOR GRATUITY DT. 15-1-2008. EXT.P3 AWARD IN I.D.NO. 28/2003 DT. 7-11-2003. EXT.P4 APPLICATION DT. 26-8-2003. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 9524 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th June, 2008. J U D G M E N T Petitioner is the management in I.D.No. 28/2003 before the Industrial Tribunal, Kollam. They are challenging Ext. P3 ex parte award passed by the Tribunal in that I.D. The contention of the petitioner is that originally the Tribunal had taken the matter for award setting the workman ex parte. Thereafter, the ex parte order against the workman had been set aside without notice to the petitioner. The petitioner was totally unaware of the further proceedings in the I.D and the petitioner became aware of the same only when the petitioner received an application filed by the legal heirs of the workman involved for gratuity along with a copy of Ext. P3 award. The petitioner therefore seeks quashing of Ext. P3 award and a direction to the Tribunal to consider the matter on merits. 2. Although notice was served on the respondents, nobody appears to contest the matter, probably because the 1st respondent- Union is not very interested as the workman is no more. Taking into account the facts and circumstances of the case, I quash Ext. P3 award and direct the Tribunal to re-adjudicate the dispute, after affording an opportunity to the petitioner as well as the legal heirs of the deceased workman to contest the matter on merits. The petitioner shall provide the names and addresses of the legal heirs of the deceased workman to the Tribunal within two weeks from the date of receipt of a copy of this judgment and the Tribunal shall suo motu implead them and issue notice to them. If the petitioner does not provide the names and addresses of the legal heirs of the deceased workman, the petitioner would not be entitled to the benefits of this judgment and Ext. P3 award would stand confirmed. The petitioner shall produce the names and addresses before the W.P.C. No. 9524/2008. -: 2 :- Tribunal along with a certified copy of this judgment. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/