Union Of India vs Sri.P.Jayaprakash
2021 Latest Caselaw 10567 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                         OP(LC).No.4 OF 2021

AGAINST THE ORDER/JUDGMENT IN CP 2/2014 OF LABOUR COURT, ERNAKULAM


PETITIONERS:

      1        UNION OF INDIA
               REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY,
               PARK TOWN, CHENNAI-600003.

      2        GENERAL MANAGER,
               SOUTHERN RAILWAY, PARK TOWN, CHENNAI-600003.

      3        DEPUTY CHIEF ELECTRICAL ENGINEER (CONSTRUCTION),
               SOUTHERN RAILWAY, ERNAKULAM, KOCHI-682016.

      4        DIVISIONAL ELECTRICAL ENGINEER (CONSTRUCTION),
               SOUTHERN RAILWAY, ERNAKULAM, KOCHI-682016.

               BY ADV. SRI.C.DINESH

RESPONDENT:

               SRI.P.JAYAPRAKASH
               TEMBARA VILAKAM, MELE ERANIELKONAM, NAYYOOR P.O.,
               KANYAKUMARI-629802.


     THIS OP (LABOUR COURT) HAVING COME UP FOR ADMISSION           ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(LC) No.4/2021                2

                            JUDGMENT

Dated this the 29th day of March 2021

Heard the learned counsel for the petitioners.

2. Perused the impugned order at Ext.P14. It is seen that

from time and again the learned Labour Court had granted an

opportunity to the present petitioners to contest the claim.

However, the petitioners were not interested to contest the claim

made by the respondent under Section 33C(2) of the Industrial

Disputes Act, 1947. No illegality can be seen in the impugned

order passed by the Presiding Officer of the Labour Court

inasmuch as sufficient opportunity of hearing was granted to the

petitioners from time and again by the said court.

This original petition is devoid of merit and as such, it is

dismissed.

Sd/-

A.M.BADAR

JUDGE smp

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CLAIM PETITION FILED BY THE RESPONDENT AS CP NO.2/2014 DATED 11.8.2014 BEFORE THE HON'BLE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, ERNAKULAM.

EXHIBIT P2 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 30.1.2015 FILED BY THE PETITIONER HEREIN BEFORE THE HON'BLE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, ERNAKULAM.

EXHIBIT P3 TRUE COPY OF THE REJOINDER DATED 8.3.2014 FILED BY THE RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 27.5.2019 PASSED BY THE HON'BLE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, ERNAKULAM.

EXHIBIT P5 TRUE COPY OF STATEMENT OF WAGES DUE TO THE RESPONDENT FROM 17.2.2005 TO 30.9.2014.

EXHIBIT P6 TRUE COPY OF I.A.NO.424/2019 DATED 26.9.2019 TO CONDONE THE DELAY OF 111 DAYS FILED BY THE PETITIONER.

EXHIBIT P7 TRUE COPY OF COUNTER AFFIDAVIT DATED 2.1.2020 IN I.A.NO.424/2019.

EXHIBIT P8 TRUE COPY OF I.A.NO.425/2019 DATED 26.9.2019 FILED BY THE PETITIONER TO ACCEPT COUNTER STATEMENT AND ACCOUNT VETTED STATEMENT.

EXHIBIT P9 TRUE COPY OF COUNTER AFFIDAVIT DATED 2.1.2020 IN I.A.NO.425/2019.

EXHIBIT P10 TRUE COPY OF I.A.NO.426/2019 DATED 26.9.2019 FILED BY THE PETITIONER TO SET ASIDE EX-PARTE ORDER.

EXHIBIT P11 TRUE COPY OF COUNTER AFFIDAVIT DATED 2.1.2020 IN I.A.NO.426/2019.

EXHIBIT P12 TRUE COPY OF THE COUNTER STATEMENT DATED 13.6.2017 FILED BY THE PETITIONER.

ANNEXURE R1 TRUE COPY OF THE ORDER DATED 10TH NOVEMBER 2006 IN IA NO.14789 OF 2006 IN WP(C) NO.21348 OF 2006 PASSED BY THE HON'BLE HIGH COURT OF KERALA.

ANNEXURE R2 TRUE COPY OF THE HON'BLE HIGH COURT'S ORDER DATED 10TH MARCH 2015 IN WP(C) NO.3458 OF 2005.

EXHIBIT P13 TRUE COPY OF ACCOUNT VETTED STATEMENT FOR THE PERIOD NOVEMBER 1989 TO SEPTEMBER 2014.

EXHIBIT P14 TRUE COPY OF THE ORDER DATED 3.1.2020 PASSED BY THE HON'BLE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,ERNAKULAM IN I.A.NO.424/2019, 425/2019, 426/2019 IN CP NO.2/2014. RESPONDENT'S EXHIBITS: NIL.

True Copy

P.S to Judge

smp