IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 OP.No. 32738 of 2002(V) ----------------------- PETITIONER(S): --------------- A.E.BASHEER, PROPRIETOR, M/S.ALFA IMPORTERS AND EXPORTERS, 43/2688 A 3, MINI TOWERS, S.R.M. ROAD, KOCHI-18. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU RESPONDENT(S): --------------- 1. REGIONAL JOINT LABOUR COMMISSIONER, KOZHIKKODE 2. THE DISTRICT LABOUR OFFICER, MALAPPURAM. 3. CALICUT AIRPORT PORTERS UNION (INTUC), CALICUT AIRPORT, KARIPUR, KONDOTTY REPRESENTED BY ITS SECRETARY. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY GOVERNMENT, DEPARTMENT OF LABOUR, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.P.M.MUHAMMED RAHAZ FOR R3 SRI.DEVAPRASANTH.P.J. FOR R3 GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 32738 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th November, 2008. J U D G M E N T The petitioner challenges Ext. P6 order dated 3-10-2002 passed by the Appellate Authority under the Kerala Head Load Workers Act (Regional Joint Labour Commissioner, Kozhikode) in a batch of appeals pending before him. 2. The very same order was challenged before me by certain other persons in O.P.No. 31198/2002, in which I passed the following judgment: “Accordingly, I vacate that part of the appellate order, Ext. P5, which decides the matter on merits and leave it to be decided by the original authority on remand as done by the appellate authority. The 2nd respondent-original authority shall consider the matter afresh untrammeled by any of the findings of the appellate authority on merits and decide the same after affording opportunity to the parties to adduce evidence, and hearing the Kerala State Industrial Enterprises also, in accordance with law based on the evidence and arguments to be advanced by the parties before it, without reference to the other findings in Ext. P5. In view of the fact that this matter has been pending for quite a long time, the original authority shall dispose of the matter within a time frame, at any rate, within a period of six months from the date of receipt of a copy of this judgment.” In view of the same, no separate orders are necessary in this original petition. Accordingly, this original petition is closed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge. S. Siri Jagan, J. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 32738 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th November, 2008. J U D G M E N T The petitioner challenges Ext. P6 order dated 3-10-2002 passed by the Appellate Authority under the Kerala Head Load Workers Act (Regional Joint Labour Commissioner, Kozhikode) in a batch of appeals pending before him. 2. The very same order was challenged before me by certain other persons in O.P.No. 31198/2002, in which I passed the following judgment: “Accordingly, I vacate that part of the appellate order, Ext. P5, which decides the matter on merits and leave it to be decided by the original authority on remand as done by the appellate authority. The 2nd respondent-original authority shall consider the matter afresh untrammeled by any of the findings of the appellate authority on merits and decide the same after affording opportunity to the parties to adduce evidence, and hearing the Kerala State Industrial Enterprises also, in accordance with law based on the evidence and arguments to be advanced by the parties before it, without reference to the other findings in Ext. P5. In view of the fact that this matter has been pending for quite a long time, the original authority shall dispose of the matter within a time frame, at any rate, within a period of six months from the date of receipt of a copy of this judgment.” In view of the same, no separate orders are necessary in this original petition. Accordingly, this original petition is closed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.