The Court dismissed this writ petition against a Labour Court award. It held that the petitioner failed to substantiate his claim of absence due to hospitalization, observing a discrepancy in medical records and noting a lack of effective steps to participate in proceedings.
The writ petition was dismissed.
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 AMIT RAWAL
THURSDAY, THE 2ND DAY OF JUNE 2022 / 12TH JYAISHTA, 1944
WP(C) NO. 4034 OF 2022
PETITIONER:
AJIKUMAR.M PROPRIETOR, VICTO MULTI INDUSTRIES, M.K. TOWERS, CHATHANPARA JUNCTION, THOTTAKADU P.O, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM-695 602 BY ADVS. P.N.MOHANAN C.P.SABARI AMRUTHA SURESH GILROY ROZARIO
RESPONDENTS:
1 SUGUNADAS .R, DIVYA BHAVAN, ALAMCODE, VANCHIYOOR P.O, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM-695 602 2 THE DISTRICT LABOUR OFFICER (G), THOZHIL BHAVAN, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM-695 033. 3 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, THIRUVANANTHAPURAM-695 043. BY ADV T.B.REMANI
SMT.K.M.RASHMI, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is a management running a food packing unit in Attingal for ICDS projects. The first respondent was engaged as a casual labourer for the purpose of loading packed foods @ Rs.300/- per day, alleged to be on 15.4.2008, though the business unit of the petitioner was established only on 23.6.2010. In the year 2018, the respondent workman availed a housing loan from Indian Overseas Bank and requested the petitioner to issue the salary certificate. By using the aforementioned certificate, loan was granted for starting construction. Since 2019 the first respondent abstained from his duty on the premise and excuse of construction of the building nor informed about inability to attend the work. Since 24.3.2020 lockout was declared due to Covid 19 pandemic, the factory material was also stopped. However, in the meantime, the first respondent preferred a petition before the conciliation officer on 20.3.2020. The petitioner appeared before the conciliation officer, but conciliation failed and the matter was referred to the Government and finally before the Labour Court.
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received, but was in the hospital owing to Covid 19 and was discharged on 6.6.2020 and thereafter the Labour Court passed an award on 30.11.2020 by granting a compensation of Rs.1,00,000/-. The aforementioned findings were arrived at on the basis that the workman had crossed age of 65 years with 40% disability. The absence was neither intentional nor willful. Admission of the petitioner in the hospital is evident from Ext.P4 record of Sree Gokulam Medical College Research Foundation.
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of 30.11.2021.
I do not find any substance in the arguments. Writ Petition is bereft of merit and it is accordingly dismissed.
Sd/AMIT RAWAL JUDGE
csl
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APPENDIX OF WP(C) 4034/2022
PETITIONER'S EXHIBITS
| Exhibit P1 | A TRUE COPY OF THE 20.03.2020 SUBMITT BEFORE THE SECOND ENGLISH TRANSLATIO |
PETITION DATED ED BY THE PETITIONER RESPONDENT ALONG WITH N. |
|---|---|---|
| Exhibit P2 | A TRUE COPY OF THE 20.05.2020 OF THE ISSUED TO THE PETI ENGLISH TRANSLATIO |
NOTICE DATED SECOND RESPONDENT TIONER ALONG WITH N. |
| Exhibit P3 | A TRUE COPY OF THE 28.05.2020 OF THE ENGLISH TRANSLATIO |
OBJECTION DATED PETITIONER ALONG WITH N. |
| Exhibit P4 | A TRUE COPY OF THE HOSPITAL ADMISSION 06.05.2021 AND 06. |
DETAILS OF THE AND DISCHARGE DATED 06.2021. |
| Exhibit P5 | A TRUE COPY OF THE 30.11.2021 IN INDU 25/2021 OF LABOUR |
AWARD DATED STRIAL DISPUTE NO. COURT, KOLLAM. |
| Exhibit P6 | A TRUE COPY OF THE 17.01.2022 SUBMITT RESPONDENT BEFORE SECOND AND THIRD R |
PETITION DATED ED BY THE FIRST THE PETITIONER AND ESPONDENTS. |
RESPONDENTS' EXHIBITS
EXT.R1(a) TRUE COPY OF THE SALARY CERTIFICATE DATED 7.12.2016 ISSUED BY THE PETITIONER.
3 issues framed by the court
Whether the petitioner demonstrated willful absence from Labour Court proceedings by citing hospital records regarding a discharge date discrepancy.
Whether the failure to effectively participate in arbitration proceedings constituted bona fide reasons for absence.
Whether the writ petition challenging the Labour Court award has any merit.
AJIKUMAR.M
SUGUNADAS .R
THE DISTRICT LABOUR OFFICER
THE DISTRICT COLLECTOR
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
