IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 34015 of 2008(Y) -------------------------- ID.39/2004 of INDUSTRIAL TRIBUNAL, PALAKKAD .................... PETITIONER(S): ---------------- C.T. PETER, CHIRIYANKANDATHU HOUSE, P.O. VADOOKARA, THRISSUR, BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): --------------- 1. MERCY JOY, KUTTIKKATT HOUSE, VARADIYAM, AVANNUR P.O., THRISSUR. 2. THE DISTRICT LABOUR OFFICER, THRISSUR. 3. THE DISTRICT COLLECTOR, TSR. 4. N.K. DEVASSY, W/O. NEELANKAVIL KUNJU VAREED, NEELANKAVIL HOUSE, KOLANGATTUKARA, CHOOLISSERY P.O. THRISSUR. 5. P.C. WILSON,S/O.PALLIPPURAM CHERIA, P.O. KUTTUR, THRISSUR. 6. C.P. VARGHESE,S/O. CHALAKKAL POULOSE, PURANATTUKARA P.O., THRISSUR. 7. A.T. JACOB, S/O. ANGASSERY THOMAKUTTY, P.O. ANJUR, MUNDUR, THRISSUR. 8. M.J. ALEX, S/O. MANJALI JOSE, UNITY ROAD, KURICHIRA, THRISSUR. 9. P.V. MADHAVAN, PAZHANGARAPARAMBIL HOUSE, P.O. VELLANIKKARA, THRISSUR. WP(C).No. 34015 of 2008 -2- 10. K.K. VARGHESE, KALAPPURAKKAL HOUSE, P.O. MALAPALLIPPURAM, THRISSUR. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, ALONG WITH W.P.(C). 34128/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C)s.34015/2008 & 34128/2008 -------------------- Dated this the 19th day of November, 2008 JUDGMENT Common issues arise for consideration in these two writ petitions and therefore, they have been heard together and are being disposed of by a common judgment. 2. Petitioner was one of the Directors of the Mini Chitties and Loans Private Limited, Thrissur. The first respondent in the writ petition was allegedly denied employment without notice. She therefore, moved the District Labour Officer and ultimately the issue regarding the denial of employment was referred by the Government for adjudication to the Industrial Tribunal. A notice was issued to the petitioner by the Tribunal. According to the petitioner, he had entrusted the papers to his counsel to file a statement to the effect that he was not the Chairman of the Company. It seems that though there was appearance, subsequently counsel for the Management reported that no instructions were W.P.(C)s.34015 & 34128/2008 2 forwarded by the Management and it was declared ex parte. Tribunal proceeded to pass an award holding that the denial of employment is not justifiable and further holding that the petitioner therein is entitled to receive from the Management the amounts shown therein, with interest. The award dated 18.4.2005 is under challenge in these writ petitions. I am not inclined to consider the contentions of the petitioner on merits essentially by reason of the fact that Ext.P3 Award is dated 18.4.2005 and it was published on 21.5.2008. Petitioner had entered appearance before the Tribunal. If there was default on the part of his representative, it is upto him to take appropriate action. It will be unfair to consider the correctness of the Award after a lapse of more than three years. In the result, I decline jurisdiction on the ground that the writ petitions are highly belated. They are accordingly dismissed. V.GIRI, Judge mrcs