IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 W.A.No.2123 of 2008 ------------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.20520/2008-P, DATED 08/07/2008 .................... APPELLANT/PETITIONER:- ---------------------------------------- GEETHA PILLAI. E.K, W/O.BIJILIKUMAR. K.C, KEMILA COTTAGE, EROOR, ANCHAL, WORKING AS EXECUTIVE SECRETARY/PROJECT OFFICER, NIRMITHI KENDRA, PRODUCATION CENTRE, KOLLAM. BY ADV. SRI.C.R.SIVAKUMAR. RESPONDENTS/RESPONDENTS:- --------------------------------------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM. 2. THE DISTRICT LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR, CIVIL STATION, KOLLAM. 3. THE DEPUTY THAHSILDAR (RR), OFFICE OF THE DEPUTY TAHSILDAR (RR), KOLLAM. 4. P.REGHUNANTHANAN, PRESIDENT, NIRMITHI KENDRA WORKERS UNION - AITUC, PALLITHOTTAM, KOLLAM. 5. SHANMUGHAN.T, S/O.THOMAS, THODIYIL VEEDU, KILIKOLLOOR, KALLUMTHAZHAM P.O. W.A.NO.2123 OF 2008. -- 2 -- 6. D.RAMANAN, S/O.DIVAKARAN, THATTARAPPALLY, VADAKKATHIL, JAYANTHI COLONY, MURUNTHAL, PERINAD P.O. 7. SIVAMANI. C, S/O.CHELLAPPAN, SIVODAYAM COLONY, KADAVOOR, PERINAD PO. 8. ANIL.S, S/O.SIVADASAN, PAZHAVILA THEKKETHIL, CHITTAYAM, INCHAVILA P.O. 9. SABU. N, VAZHAVILA THEKKATHIL, CHITTAYAM, INCHAVILA P.O. 10. SIVARAJAN N, KOLLASSERY VEEDU, POREEKKAL, PAVITHRESWARAM P.O. 11. K.SETHUNANTHAN, SETHU MANDIRAM, MARUTHADI P.O, SAKTHIKULANGARA. 12. SIVADASAN.V, KUTTIYIL VEEDU, KADAVOOR, PERINAD P.O. 13. BABU K, PALLIKKAMVILA VEEDU, VELLIMON WEST P.O, KUNDARA. R1 TO R3 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer,J. -------------------------------------------- W.A.No.2123 of 2008 ------------------------------------------- Dated, this the 30th October, 2008 JUDGMENT H.L.Dattu,C.J. This Writ Appeal is directed against the orders passed by the learned Single Judge in W.P.(C).No.20520 of 2008, dated 8th July, 2008. By the impugned order, the learned Single Judge has rejected the writ petition, solely on the ground of delay and laches on the part of the petitioner in approaching the Court. (2) In the writ petition filed, the petitioner had called in question Exhibit P2 order, dated 24.08.2004, passed by the Labour Court in Claim Petition No.60 of 2003. Pursuant to the award so passed, the Revenue authorities have initiated revenue recovery proceedings. (3) In the writ petition filed, it is stated, that, the petitioner came to know about the award passed by the Labour Court only on 13.4.2005 and since she did not have the certified copy of the award passed, she was not in a position to implement the award. (4) The learned Single Judge, keeping in view the date on which the petitioner was aware of the award passed by the Labour Court, is of the opinion, that, if, for any reason, the petitioner is aggrieved by the orders passed by the Labour Court, she should have approached this Court W.A.No.2123 of 2008 - 2 - within a reasonable time. Since that has not been done, according to the learned Single Judge, the petitioner is not entitled to the discretionary relief of this Court. (5) Time and again the Courts have observed, that, an indolent or a person who has slept over on his rights is not entitled to the discretionary relief of this Court, in a petition filed under Article 226 of the Constitution. Keeping this settled principles of law in view, the learned Single Judge has thought it fit not to grant the reliefs sought for in the writ petition. We do not find any infirmity in the orders passed by the learned Single Judge, which would call for our interference in appeal. Therefore, the Writ Appeal requires to be rejected and it is rejected. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-