IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2677 of 2008(R) ------------------------------------- ID.31/2000 of LABOUR COURT, KANNUR .................... PETITIONER(S): -------------------- FR.JOSE KOCHARACKAL, ASSISTANT MANAGER, D.PAUL SCHOOL, KALPETTA. BY ADV. SRI.PHILIP M.VARUGHESE SRI.N.SUKUMARAN RESPONDENT(S): ------------------------ SRI.P.A.ANTONY, PARUMPIL HOUSE, KANIYARAM, MANANTHAVADY P.O. ADDL.R2. DEPUTY TAHASILDAR (R.R) VAITHIRI P.O, WYANAD DT. (ADDL.R2 IS IMPLEADED VIDE ORDER DATED 22.2.2008 IN IA 2544/08) ADV. SRI.M.SASINDRAN FPR R1 GOVT.PLEADER SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.2677/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF AWARD DT 8.3.2006 IN ID 31/2000 ON THE FILE OF THE LABOUR COURT, KANNUR. EXT.P2: TRUE COPY OF FINIDNG OF THE ENQUIRY REPORT OF THE ENQUIRY OFFICER. EXT.P3: TRUE COPY OF CLAIM STATEMENT FILED BY THE RESPONDENT/WORKMAN BEFORE THE LABOUR COURT, KANNUR. EXT.P4: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE MANAGEMENT DATED 21.4.2004 BEFORE THE LABOUR COURT, KANNUR. EXT.P5: TRUE COPY OF THE WRITTEN STATEMENT IN ID 31/2006 BEFOR THE LABOUR COURT, KANNUR. EXT.P5: TRUE COPY OF THE NOTICE ISSUED BY THE DEPUTY TAHSILDAR (RR) VAITHIRI DT 4.1.2008. EXT.P5(a): TRUE COPY OF the NOTICE ISSUED BY THE DEPUTY TAHSILDAR (DR) VAITHIRI DT 4.1.2008. EXTS. OF R1 EXT.R1(a): A TRUE COPY OF THE JUDGMENT DT 25.7.2002 IN CC NO.197 OF 1999OF CHIEF JUDICIAL MAGISTRATE COURT, KALPATTA, WAYANAD. EXT.R1(b): A TRUE COPY OF THE REGISTERED LAWYER NOTICE DT 26.6.2006 AND ITS ACKNOWLEDGMENT CARD. EXT.R1(c): A TRUE COPY OF THE ORDER DT 7.3.2007 OF THE LAOUR COURT, KANNUR. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 2677 OF 2008 (R) ==================== Dated this the 23rd day of January, 2009 J U D G M E N T The challenge in this writ petition is against Ext.P1, an award rendered by the Labour Court, Kannur in ID No.31/2000. 2. The dispute referred for adjudication was whether denial of employment to Sri.P.A.Antony, Driver, was justifiable or not. Answering this reference, the Labour Court by Ext.P1 award held that the denial of employment was unjustifiable and directed his reinstatement with full back wages and continuity of service. 3. Paragraph 3 of the award shows that although on behalf of the petitioner, counsel had entered appearance, no written statement was filed despite various adjournments that were granted. Finally on 12/1/2006, there was no representation on behalf of the management and the management was set ex parte and accepting the case pleaded and evidence produced by the workmen, the award was rendered. 4. Although several contentions have been raised in the writ petition impugning the validity of Ext.P1 award, I do not think that a pronouncement on those contentions is necessary. This is for the reason that the Advocate who was appearing for the Management Sri.Anupaman WPC 2677/08 :2 : himself has filed an affidavit in this Court confessing that it was on account of his mistake that no written statement was filed. He has also stated that it was on account of his lapse that the case happened to be decided in the way it is seen in Ext.P1. 5. Fault of the lawyer, which has been confessed in this case, cannot cause prejudice to the petitioner employer unless there is material to suggest that the petitioner is also guilty of laches. On the materials produced, I am not in a position to find the petitioner guilty of any lapses. In such a situation, I feel ends of justice require that the petitioner should have an opportunity to contest the matter on merits. 6. Therefore, in order to extend the petitioner such an opportunity, I set aside Ext.P1 award rendered by the Labour Court, Kannur in ID No.31/2000 and direct that the dispute be re adjudicated with notice and opportunity to the petitioner. However, the same can only be on terms. 7. It is seen that pursuant to the order dated 18/3/2008, the petitioner has already paid Rs.25,000/- to the Counsel for the 1st respondent workmen. Having regard to the payment so made, it is ordered WPC 2677/08 :3 : that the same be appropriated towards cost. 8. The parties will be free to file pleading and adduce evidence in support of their respective contentions. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp