IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 4474 of 2007(G) -------------------------------------- PETITIONER: ------------------- N. VIJAYAN, AGED 39 YEARS, EZHIPURACKAL, CHERUVARANAM, VARANAM P.O., CHERTHALA. BY ADVS. MR.A.X.VARGHESE, MR.A.V.JOJO. RESPONDENTS: ------------------------ 1. MUHAMMED ASHRAF, MANAGING DIRECTOR, JASSPACK SERVICES (I) LTD., OLD COURT, CALVATHI, KOCHI-1. 2. PRESIDING OFFICER, LABOUR COURT, ENRAKULAM. R1 BY ADVS.MR.A.V.XAVIER, SMT.THUSHARA JAMES, R2 BY GOVT. PLEADER SMT. SMITHA SUKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2009,ALONG WITH W.P.(C). NO. 14697 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4474/2007-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 31/10/06 IN M.P.24/2004 IN I.D. NO. 33/1999. EXT.P.1.A: COPY OF THE ORDER DTD. 31/10/06 IN M.P. 25/2004 IN I.D. NO. 33/1999. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) Nos. 4474/2007 & 14697/2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th June, 2009. J U D G M E N T W.P(C) No. 4474/2007 is filed by the workman in I.D.No. 33/1999 challenging the order in a petition filed by the workman for setting aside the ex parte award passed by the Labour Court in that I.D. The reason for rejecting the application was that the application was filed beyond one month from the date of coming into force of the award and therefore the Labour Court does not have jurisdiction to deal with that petition. According to the petitioner, in Radhakrishna Mani Tripathi v. L.H. Patel and another, [(2009) 2 SCC 81], the Supreme Court has held in similar circumstances that the Labour Court can still entertain the application to set aside ex parte order filed beyond 30 days from the date of coming into force of the award. 2. Counsel for the management would point out that this is patently against the judgment of the Supreme Court in Grindlays Bank Ltd., v. Central Government Industrial Tribunal and others, AIR 1981 SC 606 and Sangham Tape Company v. Hans Raj, 2004 (3) LLJ 1141. 3. W.P(C) No. 14697/2009 is filed by the same workman challenging the ex parte award itself. In view of the fact that the issues involved in the two writ petitions are intrinsically interconnected, I have heard the two writ petitions together. If W.P(C) No. 14697/2009 is disposed of in favour of the workman, it would not be necessary to consider the other writ petition at all. Therefore, I have heard that writ petition first. 4. The contention of the petitioner-workman is that it was on account of reasons beyond the control of the workman that he could not be present on the date when further proceedings were taken by the Labour Court in the case, on which date the Labour Court set the workman ex parte. Of course, the learned counsel for the W.P.C. No. 4474/07 etc. -: 2 :- management would stoutly oppose the same and submit that the workman was totally negligent in prosecuting the I.D. 5. Taking into account the facts and circumstances of the case, I am of opinion that the workman should be given another opportunity to contest the matter on merits. Accordingly, Ext. P1 award in W.P(C) No.14697/2009 is set aside. The Labour Court is directed to re-adjudicate I.D.No. 33/1999 after affording an opportunity to both sides to adduce evidence and for hearing. The Labour Court shall pass fresh award as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. The parties shall co- operate with the Tribunal and shall be ready with the evidence and arguments on the dates when the I.D is posted for the purpose, without seeking any further adjournments. Since, I myself have set aside the ex parte award, it is not necessary to consider the contentions of the parties in W.P(C) No. 4474/2007 and accordingly the same is closed, leaving open the legal contentions. The writ petitions are disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/