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ASMA, AGED 58 YEARS, W/O. LATE ABBAS versus THE LABOUR COURT

High Court of Kerala

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ASMA, AGED 58 YEARS, W/O. LATE ABBAS v. THE LABOUR COURT - WP(C) No. 21519 of 2007(J) [2007] RD-KL 13992 (25 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 21519 of 2007(J)

1. ASMA, AGED 58 YEARS, W/O. LATE ABBAS,
... Petitioner

Vs

1. THE LABOUR COURT,
... Respondent

2. B.SUDHAKARA, S/O. LATE KRISHNOGI,

For Petitioner :SRI.R.RENJITH

For Respondent :SRI.T.G.RAJENDRAN

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :25/07/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO. 21519 OF 2007

DATED THIS THE 25th DAY OF JULY, 2007



JUDGMENT

The petitioner challenges Ext.P2 order of the Labour Court, Kannur in I.D.No.23/05 by which the petitioner's application to set aside the exparte award was rejected on the ground that the petitioner has not paid the cost of Rs.300/- directed to be paid to the District Legal Service Authority. I do not find anything wrong in Ext.P2order. Of course, the petitioner would contend that Ext.P2 order has been passed on the ground that the Labour Court does not have power to review its own order which according to him is not correct. Even without going into that question, I am of the view that since the petitioner has not even paid costs of a meagre amount of Rs.300/-, the dismissal of the petition cannot be stated to be faulty. However, I am inclined to take a lenient view in this matter, but that can only be on terms.

2. Accordingly, I set aside Ext.P2 on condition that the petitioner pays an amount of Rs.2,500/- (Rupees two thousand five hundred) to the workman. On such payment, the industrial dispute would stand restored to file and the Labour Court shall re-adjudicate the dispute after affording an opportunity to both sides to adduce evidence. The petitioner shall along W.P.(c)No.21519/07 2 with a certified copy of this judgment produce proof of payment of costs to the workman, on compliance of which alone the Labour Court need re-adjudicate the industrial dispute. If he does not pay the costs as directed above the writ petition would stand dismissed. The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

Acd W.P.(c)No.21519/07 2


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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