This judgment dismissed a writ petition filed by a dismissed workman seeking to quash a Labour Court award dated 08.01.2007. The Court held that the award upheld the justifiability of dismissal and found the five-year delay in challenging the award to be an afterthought without sufficient merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
FRIDAY, THE 23RD DAY OF NOVEMBER 2012/2ND AGRAHAYANA 1934
WP(C).No. 6366 of 2012 (U)
ID.32/2006 of LABOUR COURT, KOLLAM
PETITIONER:
V.S.THILAKA KUMAR, AGED 57 YEARS S/O.LATE SIVANANDAN, PROTECTION MAZDOOR KUMARAMKUDY ESTATE STATE FARMING CORPORATION OF KERALA LIMITED VETTITHITTA P.O.,ALIMUKKU, PIRAVANTHOOR PUNALUR,KOLLAM DIST, R/A.VAZHAVILA VEEDU KIZHAKKEVELLAMTHETTI, PUNNALA MURI, PANTHANPURAM KOLLAM DIST
BY ADVS.SRI.B.MOHANLAL SRI.SAIJU S. SRI.T.PRASAD
RESPONDENTS:
***** (THE NAME OF R2 IS CORRECTED AS 'THE STATE FARMING CORPORATION OF KERALA LIMITED' AS PER ORDER DATED 22/03/2012 IN IA NO.4297/2012)
BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL FOR R1 & R4
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 7-11-12, THE COURT ON 23.11.2012 DELIVERED THE FOLLOWING:
WP(C).No. 6366 of 2012 (U)
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENTS' EXHIBITS:
NIL
// TRUE COPY //
P.A TO JUDGE.
HARUN-UL-RASHID, J.
W.P.(C).No.6366 Of 2012 ---------------------Dated this the 23rd day of November, 2012.
J U D G M E N T
The writ petition is filed seeking to quash Ext.P3 order in I.D.No.32/2006 on the file of the Labour Court, Kollam and for a direction directing the Labour Court, Kollam to re-consider Ext.P3 order.
::2::
W.P.(C).No.6366 Of 2012
Court found that the dismissal of the workman by the management is justifiable. The workman is the petitioner before this Court in this writ petition. The Union, who represented the workman did not challenge Ext.P3 order.
::3::
W.P.(C).No.6366 Of 2012
I find no merit in the writ petition. The writ petition is therefore, dismissed.
HARUN-UL-RASHID, Judge.
bkn/-
3 issues framed by the court
Whether the writ petition to quash the Labour Court award and direct reconsideration is maintainable.
Whether the delay of five years in filing the writ petition is justified by the petitioner's custody.
Whether the non-appearance of the petitioner and the Union before the Labour Court attracts sufficient prejudice to quash the award.
V.S.Thikala Kumar
The Labour Court, Kollam
Kerala Farming Corporation Limited
State Farming Corporation of Kerala Limited
State Farming Corporation Labours Union Intuc
State of Kerala
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
