IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 16444 of 2008(G) -------------------------- ID.3/2003 of LABOUR COURT, KOLLAM .................... PETITIONER: -------------------- K.RASHEED, MANAGING DIRECTOR, SILVER FOAM PVT. LTD., MAVOOR ROAD, PATHIYARA P.O., CALICUT. BY ADV. SRI.D.SAJEEV RESPONDENTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. * 2. (THE SHERISTADAR, LABOUR COURT, KOLLAM) – CORRECTED: * THE NAME & ADDRESS OF THE SECOND RESPONDENT CORRECTED – LABOUR COURT, KOLLAM – AS PER ORDER DTD. 4/06/2008 IN I.A.NO.6832/2008) 3. THE GENERAL SECRETARY, SILVER FOAM WORKERS ASSOCIATION, RUSSELPURAM P.O., THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI. P.N. SANTHOSH ADV. SRI.BLAZE K.JOSE FOR R3 SRI.T.L.SREERAM FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16444/2008 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AWARD DTD. 31/10/2003 IN I.D.NO.3/2003 PASSED BY THE LABOUR COURT, KOLLAM. EXT.P2: COPY OF THE JUDGMENT DTD. 11/07/2007 IN WP(C) NO.25132/2006 OF THIS HONOURABLE COURT. EXT.P3: COPY OF THE ORDER DTD. 17/12/2007 IN R.P.NO.1180/2007 IN WP(C) NO.25132/2006 OF THIS HONOURABLE COURT. EXT.P4: COPY OF THE AFFIDAVIT IN LIEU OF CHIEF EXAMINATION FILED IN I.D.NO.3/2003. EXT.P5: COPY OF THE JAPTHA OF DOCUMENTS DTD.22/05/2008 FILED IN I.D.NO.3/2003. EXT.P6: COPY OF THE AFFIDAVIT PRAYING TO ACCEPT THE ADDITIONAL DOCUMENTS DTD. 22/05/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J ============== W.P.(C).No. 16444 OF 2008 ==================== Dated this the 2nd day of July, 2008. J U D G M E N T The petitioner is the management in I.D.No.3/03 before the Labour Court, Kollam. Earlier, an ex-parte award was passed, which was set aside by Ext.P2 judgment and the Labour Court was directed to re-adjudicate the matter. In the process of re- adjudication, the petitioner produced 10 documents and sought to prove the same through his witnesses. The petitioner alleges that the Labour court permitted to mark only three documents and refused to allow the petitioner to mark the other seven documents, on the ground that those documents were not produced in time. The petitioner therefore seeks the following reliefs: i) To direct the Labour Court, Kollam to re-open the case for evidence and accept the documents mentioned in Ext.P5 japtha and marked the same in evidence for the proper disposal of I.DNo.3/2003 pending before the said court. ii) To direct the Labour Court, Kollam to allow the petitioner to adduce evidence in view of Ext.P6 affidavit and further allow him to tender evidence on the basis of the documents mentioned in Ext.P5 which were already produced before the said court, in order to afford the petitioner a reasonable opportunity to substantiate his case in its merits. W.P.(C).No. 16444 OF 2008 2 2. The 3rd respondent appears through counsel and opposes the prayer. 3. After hearing both sides, I feel that the petitioner should be allowed to mark the other documents also, through his witnesses. The petitioner cannot be denied such opportunity on the ground that there was a delay in production of the documents. Accordingly, I dispose of this writ petition with a direction to the 2nd respondent, Labour court, to permit the petitioner to mark all documents produced by him through his witnesses, appropriately. S.SIRI JAGAN, JUDGE bkn/-