IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 18491 of 2008(B) -------------------------- ID.29/2005 of LABOUR COURT, KOLLAM .................... PETITIONER: ------------ MEDICAL SUPERINTENDENT, N.S.S.MEDICAL MISSION HOSPITAL, PANDALAM, PATHANAMTHITTA DISTRICT. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN RESPONDENTS: ------------- 1. THE LABOUR COURT, KOLLAM. 2. SHRI.CHELLAPPAN PILLAI, MUKULAM PURATH M.M BUILDINGS, NEAR MEDICAL MISSION, PANDALAM, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ESM.KABEER FOR R2 GOVT. PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 18491/2008 ----------------------------------------------------------------- EXT.P1 TRUE COPY OF CLAIM STATEMENT. EXT.P2 COUNTER STATEMENT DT. 3-6-2006. EXT.P3 AWARD DT. 19-12-2007 OF R1 IN I.D.NO. 29/2005. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 18491 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31st July, 2008. J U D G M E N T The petitioner is the management in I.D.No. 29/2005 before the Labour Court, Kollam. He is challenging Ext. P3 award passed by the Labour Court in that I.D. As is evident from Ext. P3, the same is an ex parte award. The petitioner has given reasons as to why the petitioner could not appear before the Labour Court and contest the matter in merits. Taking into account the reasons stated, I am of opinion that the petitioner should be given an opportunity to contest the matter on merits, although counsel for the 2nd respondent opposes the same. In the above circumstances, I quash Ext. P3 award and direct the Labour Court, Kollam to re-adjudicate the dispute, after affording an opportunity of being heard to both parties, to adduce evidence and to advance arguments. The award shall be passed within six months from the date of receipt of a copy of this judgment. I make it clear that both parties shall co-operate in disposing the I.D within the time prescribed. The writ petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/