The Manager/Principal, Ansar ... vs O.A. Saleem
2023 Latest Caselaw 7291 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
        TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                       WP(C) NO. 17277 OF 2023
PETITIONER:

            THE MANAGER/PRINCIPAL, ANSAR JUNIOR COLLEGE,
            MEMUNDA, VADAKARA, KOZHIKODE, PIN - 673101

            BY ADVS.
            P.JERIL BABU
            SRINATH GIRISH
            V.NAMITHA
            PRASUDHA.S



RESPONDENTS:

    1       O.A. SALEEM,
            AGED 45 YEARS
            S/O.ANTHRU, ODAMOOLA VEEDU, MAKKIYAD PO,
            MANANTHAVADY, WAYANAD, PIN - 670731

    2       THE DEPUTY THAHASILDAR,
            MINI CIVIL STATION, VADAKARA, KOZHIKODE, PIN - 673101

    3       THE VILLAGE OFFICER,
            VILLYAPPALLY VILLAGE, VADAKARA, KOZHIKODE, PIN - 673542


OTHER PRESENT:

            GOVERNMENT PLEADER SMT PARVATHY K




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17277 OF 2023               2




               Dated this the 27th day of June, 2023

                            JUDGMENT

The writ petition is filed to quash Ext.P2 award and

Exts.P3 and P4 notices.

2. The petitioner's case is that, it is the respondent

in ID No.2/2022 on the file of the Labour Court,

Kozhikode, which was filed by the first respondent. The

petitioner was set ex-parte and Ext.P2 award has been

passed. Now, revenue recovery proceedings have been

initiated to recover the amount due under Ext.P2. The

petitioner has filed I.A. No.98/2023 (Ext.P5) and

I.A.No.97/2023 to condone the delay in filing Ext.P5. The

petitioner also filed I.A. No.138/2023, to stay further

proceedings pursuant to Ext.P2 award. Although the

above applications are pending consideration, the

respondents 2 and 3 are hastily proceeding with the

revenue recovery proceedings, which would cause

prejudice to the petitioner. Hence, the writ petition.

3. Heard; Sri.P. Jeril Babu, the learned counsel

appearing for the petitioner and learned Government

Pleader appearing for the respondents 2 and 3. Although

notice has been served on the first respondent, there is

no appearance for him.

4. Having considered the pleadings and materials

on record, and taking note of the fact that Exts.P5 and P6

are already pending consideration before the Labour

Court, I am of the view that the court below is to be

directed to consider and dispose of the above

applications, expeditiously, after affording the petitioner

and the first respondent an opportunity of being heard.

Resultantly, in exercise of the powers of this Court

under Article 226 of the Constitution of India, I order the

writ petition as follows:-

(i) The Labour Court, Kozhikode is directed to

consider and dispose of Exts.P5 and P6 applications, in

accordance with law and expeditiously as possible, at any

rate, within a period of three months from the date of

receipt of a certified copy of the judgment, after affording

the petitioner and the first respondent an opportunity of

being heard.

(ii) Until such time orders are passed on Exts.P5 and

P6, all further proceedings pursuant to Ext.P2 to P4 shall

stand deferred.

SD/-

C.S.DIAS, JUDGE

rmm30/6/2023

APPENDIX OF WP(C) 17277/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DOCUMENT FROM EPFO WEBSITE SHOWING THE DETAILS OF EMPLOYMENT OF THE 1ST RESPONDENT

Exhibit P2 A TRUE COPY OF THE EX PARTE AWARD DATED 16.02.2022 IN I.D.NO.2/2019 OF THE LABOUR COURT, KOZHIKODE

Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE DATED 09-01-2023

Exhibit P4 A TRUE COPY OF THE DEMAND NOTICE DATED 21-01-2023

Exhibit P5 A TRUE COPY OF THE I.A. 98/2023 FILED BY THE PETITIONER BEFORE THE LABOUR COURT, KOZHIKODE

Exhibit P6 A TRUE COPY OF THE I.A. 97/2023 FILED BY THE PETITIONER BEFORE THE LABOUR COURT, KOZHIKODE

Exhibit P7 A TRUE COPY OF I.A. 138/2023 IN I.D. NO.

2/2022 BEFORE THE LABOUR COURT, KOZHIKODE