MOTHER SUPERIOR Vs. STATE OF KERALA

JUDGEMENT

(1.) The employer, Mother Superior of an English Medium School, challenges the refusal on the part of the Labour Court to deal with Ext. P3 application for setting aside Ext. P2 award as also Ext. P4 application wherein the prayer was to condone the delay caused in filing of Ext. P3.

(2.) The second respondent was working as an 'Aya' in the petitioner's school. Alleging denial of work with effect from 18.10.1994, she approached the Labour Authorities which resulted in reference of the dispute to the Labour Court as per order dated 13.5.1996. The then Mother Superior filed written objections before the Labour Court; but she passed away on 22.2.2002, with the result that when the matter came up for consideration before the Labour Court on 21.5.2002, there was no one to represent the management. It was in these circumstances, Ext. P2 award was passed ex parte on 21.5.2002.

(3.) Exts.P3 and P4 were filed only on 30.10.2002. It is stated that all those connected with the institution were bereaved or their normal work was paralysed due to the sudden and unexpected demise of the Mother Superior and that is the reason why they could not take steps for setting aside the award promptly. The prayer now is that in the circumstances, this Court may interfere in the matter and direct the consideration of Exts.P3 and P4 and also direct the Labour Court to set aside the ex parte order.