LAWS(KER)-1967-6-31

BENJAMIN M J Vs. INDUSTRIAL TRIBUNAL

Decided On June 28, 1967
BENJAMIN M J Appellant
V/S
INDUSTRIAL TRIBUNAL Respondents

JUDGEMENT

(1.) THIS is a petition filed under Articles 226 and 227 of the Constitution, by a person formerly employed in Harrisons and Crosfield, Ltd. , Cochin-3, who is respondent 2 in this case, to quash an award of the Industrial tribunal, Calicut, In Industrial Dispute No. 61 of 1965. Tula award Is dated 17 January 1996, and has been published In Part I of the Kerala Gazette No. 7 dated 15 February 1966. The industrial tribunal is respondent 1, and the copy of the award la marked as Ex. P. 2 in this case. This award was passed on an application filed by the petitioner before respondent 1 on 17 August 1965 under Section 33a of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), complaining of termination of his service in contravention of Section 33 of the Act, and praying for an award for his reinstatement. The application was opposed by respondent 2 on several grounds; and hence it was posted for evidence to 18 October 1065. On the application of the petitioner's counsel, respondent 1 adjourned the case to 15 November 1865, then to 16 December 1966 and from that date to 14 January 1966. These applications were opposed by respondent 2; and on 16 December 1965, respondent 1 adjourned the case "as a last chance. " January 14, 1966, was a sectional holiday on account of" Pongal. " The High Court declared It as a full holiday for the High Court. However, the tribunal held Its Court. Sri T. C. N. Menon, a senior advocate of that Court, was appearing for the petitioner before the Industrial tribunal. On 14 January 1966 when the case was called, neither the petitioner nor Sri T. C, N. Menon was present. But his junior, advocate Sri F. Sankarankutti, represented to the tribunal that the petitioner happened to be absent on that day under a bona fide error that It was a holiday and that Sri T. C. N. Menon was responsible for this error. Sri F. Sankarankutti explained the whole circumstances, and orally moved for an adjournment of the case. The adjournment of the case for the examination of the petitioner was refused; and respondent 1 adjourned It for making the award. On the same day, Sri T. C. N. Menon appeared before respondent 1, and submitted a petition explaining the circumstances under which he was mailed to believe that the tribunal was not Bitting on that day, and his client happened to be absent, and prayed for reviewing the order, which declined to afford an opportunity to the petitioner for being examined In the case. Exhibit F. 1 is a copy of this petition. The petition was rejected; and three days later, respondent 1 passed the Impugned award. This original petition has been filed to quash Ex. F. 2, and to direct respondent 1 to dispose of the petitioner's application on the merits.

(2.) SRI T. C. N. Menon appeared for the petitioner before me; and he raised two points In support of the reliefs sought for In this case:

(3.) SRI T. C. N. Menon submitted that Section 33a requires that an application made thereunder shall be adjudicated upon by the tribunal,