IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WA.No. 48 of 2010 ------------------------------- AGAINST THE JUDGEMENT IN WPC.31125/2009 DATED 03/11/2009 .................... APPELLANT/PETITIONER ------------------------------------ SAHAKARANA KALLUCHETHU VYAVASAYA SANGHOM LTD.,VADAKKENCHERRY P.O.,ALATHUR, PALAKKAD,REPRESENTED BY SECRETARY. BY ADV. SRI.M.C.JOHN RESPONDENTS/RESPONDENTS 1 TO 3 ------------------------------------------------------ 1. K.V.KURIAKOSE, KANAKKANPADY VEEDU,ELAVANPADAM, KIZHAKKENCHERRY P.O.,PALAKKAD. 2. THE INDUSTRIAL TRIBUNAL, PALAKKAD. 3. THE LABOUR COURT, KOZHIKODE. R2 & R3 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.A. No.48 of 2010 ------------------------------------------ Dated this the 13th day of January, 2010 ORDER S.R.Bannurmath, C.J. The writ petitioner, aggrieved by the judgment of the learned Single Judge dismissing W.P.(C) No.31125 of 2009 only on the ground of delay and laches, has approached this Court in the present writ appeal. 2. The appellant society suffered the award Ext.P6 from the Industrial Tribunal, Palakkad passed in the year 2006. It is after nearly three years the present writ petition challenging the award has been filed. Taking into consideration the long inordinate delay, especially when the appellant did participate in the Dispute proceedings and was aware of the award, its inaction or sleeping over for three years, the learned Single Judge held that the delay was unpardonable. W.A. No.48 of 2010 2 3. It is submitted on behalf of the appellant that on the basis of the award, a claim petition is filed under Section 33C(2) of the Industrial Disputes Act and the same is pending consideration. In view of the pendency of the proceedings under Section 33C(2) of the Industrial Disputes Act, it is open for the appellant to agitate all the matters coming within the purview and as such that has nothing to do with the dismissal of the writ petition on the ground of delay and laches. Hence, we do not find any reason to disturb the judgment of the learned Single Judge. We find no merit in the writ appeal and the same is dismissed. S.R.Bannurmath, Chief Justice Thottathil B.Radhakrishnan, Judge vns