B DILEEPKUMAR Vs. KERALA KAUMUDI P LIMITED

JUDGEMENT

(1.) THE petitioner is the workman in ID No.28/2005 before the Labour Court, Kollam. After appearance of both parties, the Labour Court posted the case for evidence. The same came up for evidence of the workman on 12.04.07 on which date neither the petitioner nor his advocate was present in Court. Therefore, the Labour Court took up the matter for passing award on the same day. The petitioner filed Ext.P4 application to review the order taking the ID for award on 17.04.2007. In that, Ext.P5 order has been passed, dismissing the petition on the ground that the award dated 13.04.2007 was pronounced on 07.05.2007, and the petitioner did not care to amend the petition to incorporate a prayer for setting aside the ex parte award. Ext.P6 is the award passed in the ID. The petitioner challenges Exts.P5 and P6. According to the petitioner, there are no laches on the part of the workman in prosecuting the industrial dispute. He submits that on 12.04.2007 the counsel could not appear because he had gone to Trivandrum the day before, and he could not get back to Kollam in time for representing the case on 12.04.2007. During the earlier date on 02.03.2007, the petitioner had suffered an accident and therefore, he could not appear on that day also. The petitioner therefore seeks the following reliefs: "i) to issue a writ of certiorari or any other appropriate

(2.) THE learned counsel for the management submits that, the petitioner was consistently absent and that is why the Labour Court had taken the decision and passed the award.

(3.) IN the above circumstances, Exts.P5 order and P6 award would stand quashed for that purpose. The ID would stand restored to the file of the Labour Court, Kollam. The parties shall appear before the Labour Court on 14.08.2012. The petitioner shall be ready to go on with the case on that date. The Labour Court shall allow parties to adduce evidence and pass fresh award as expeditiously as possible, at any rate, within three months from 14.08.2012.