Petitioner represented by hospital management seeking quashing of Labour Court ex parte award. Court directed petitioner to file application to set aside award and condone delay.
Directed petitioner to approach Labour Court to file appropriate application for setting aside ex parte award and condonation of delay with opportunity for contest.
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 RAJA VIJAYARAGHAVAN V
TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941
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PETITIONERS:
THE MANAGING DIRECTOR
S. P. MULTI SPECIALTY HOSPITAL, PARASSALA, PARASSALA P. O., THIRUVANANTHAPURAM., REP. THROUGH DR. MANU K. T., ADMINISTRATOR, S. P. MULTI SPECIALTY HOSPITAL, PARASSALA P. O., THIRUVANANTHAPURAM - 695 502.
BY ADVS. SMT.MINI GANGADHARAN SHRI.N.SHIVA PRASADAN
RESPONDENTS:
1 THE STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, SECRETARIAT, COMPLEX, THIRUVANANTHAPURAM - 695 001.
OTHER PRESENT:
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SRI RON BASTIAN GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
A reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 was made to the Labour Court, Kollam by the appropriate Government to adjudicate as to whether the denial of employment to Smt.Sheeba P., cleaner of S.P.Multi Speciality Hospital, Parassala by its management is justifiable and the relief that she was entitled to. The petitioner herein was the management.
a) Call for the records leading to Ext.P7 and issue a writ of mandamus or other appropriate order quashing Ext.P7, remanding I.D. No.75 of 2014 on the file of the Labour Court, Kollam,
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for de-nova trial providing an opportunity for the petitioner/management to contest the case legally.
4. In M/s Haryana Suraj Malting Ltd v. Phool Chand1 ,
the Hon'ble Supreme Court has occasion to observe that in case, a party is able to show sufficient cause within reasonable time for nonappearance in the Labour Court, when it was set ex parte, the Labour Court is bound to consider such application and the application cannot be rejected on the ground that it was filed after the award become enforceable. It was further held that Industrial Disputes Act, 1947 is a welfare legislation intended to maintain industrial peace and in that
1 [(2018) 16 SCC 567]
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view of the matter certain powers have to be conceded to the Labour Court whether it is ancillary, incidental or inherent.
This Writ Petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
kkj
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF CLAIM STATEMENT FILED BY THE 4TH RESPONDENT/WORKMAN. EXHIBIT P2 TRUE COPY OF AFFIDAVIT FILED BY THE 4TH RESPONDENT IN LIEU OF EVIDENCE DATED 26.10.2017. EXHIBIT P3 TRUE COPY OF IDENTITY CARD ISSUED TO ADVOCATE D.S.AJITH FORM THE KERALA HIGH COURT ADVOCATE'S ASSOCIATION. EXHIBIT P4 TRUE COPY OF DISCHARGE SUMMARY DATED 28.2.2018 ISSUED FORM THE DEPARTMENT OF CARDIOLOGY, LISSIE MEDICAL INSTITUTIONS. EXHIBIT P5 TRUE COPY OF MEDICAL CERTIFICATE DATED 3.10.2018 ISSUED FORM KIMS HOSPITAL, TRIVANDRUM. EXHIBIT P6 TRUE COPY OF B DIARY PROCEEDINGS FROM 26.2.2015 TO 17.1.2019 IN I.D. NO.75/2014 OF THE LABOUR COURT, KOLLAM. EXHIBIT P7 CERTIFIED COPY OF AWARD DATED 20.12.2018 IN I.D. NO.75/2014 ON THE FILE OF THE LABOUR COURT, KOLLAM.
EXHIBIT P8 TRUE COPY OF COMMUNICATION DATED 18.12.2017 FORWARDED TO R2 BY THE DEPUTY LABOUR OFFICER, TVPM STATING THAT THE WORKER IS ENTITLED TO GET SUBSISTENCE ALLOWANCE FORM 12.3.2013, THE DATED OF SUSPENSION TO 4.12.2015, THE DATE OF CLAIM PETITION, AMOUNTING TO RS. 1,98,753/-.
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EXHIBIT P9 TRUE COPY OF FIR NO.1099/2018 OF PARASSALA POLICE STATION REGISTERED FOR OFFENCE UNDER SECTION 408, 420, 468 AND 471 OF THE INDIAN PENAL CODE AGAINST R4.
EXHIBIT P10 TRUE COPY OF SHOW CAUSE NOTICE DATED 29.5.2019 ISSUED BY R3 FOR NONCOMPLIANCE OF THE AWARD IN I.D.75/2014.
EXHIBIT P11 TRUE COPY OF REPLY DATED 5.7.2019 SENT TO R3.
EXHIBIT P12 TRUE COPY OF POSTAL RECEIPT DATED 5.7.2019.
EXHIBIT P13 TRUE COPY OF ACKNOWLEDGMENT CARD SIGNED BY R3 DATED THIS THE 29TH DAY OF JANUARY, 2020.
2 issues framed by the court
Whether the management is entitled to quashing of an ex parte Labour Court award and reliefs to proceed de-nova.
Whether sufficient cause was shown for non-appearance before the Labour Court affecting the enforceability of the award.
Colour shows how this judgement treated each authority
M/s Haryana Suraj Malting Ltd v. Phool ChandReferred¶30
M/s Haryana Suraj Malting Ltd v. Phool Chand
1 provisions across 1 enactments
The Managing Director, S. P. Multi Specialty Hospital, Parassala
The State of Kerala
Deputy Labour Commissioner
District Labour Officer
Sheeba P.
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
