NARASIMHAMURTHY K. AND ORS. Vs. QUALITY INDUSTRIES

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 27.11.2013 in Application No. 19/2010 on the file of the Presiding Officer, III Addl. Labour Court, Bangalore.

(2.) THE petitioners herein are the applicants before the Labour Court. They are the children of Narasimhamurthy K. Narasimhamurthy K was working in the establishment of the respondent as an Operator. He expired on 2.11.2009. The original applicant -Smt. Manjula, wife of Narasimhamurthy K. filed an application before the Labour Court seeking payment of statutory benefits payable to Narasimhamurthy K. in a total sum of Rs. 1,91,076/ - along with interest.

(3.) THE respondent filed an application -I.A. No. III before the Labour Court for recalling of the said order. The application was allowed on 25.2.2013 and the ex -parte order was set aside and the respondent was permitted to proceed with the case. In the meantime, the original applicant died and her legal representatives were brought on record. On 31.5.2013, the learned Counsel for the applicants submitted that the evidence of the original applicant has been let in. Hence, no further evidence is necessary on behalf of the applicants. Accordingly, the matter was posted for evidence of the respondent. On 12.7.2013, the respondent let in its evidence. The Labour Court has rejected the application of the petitioners No. 19/2010 on the ground that the original applicant, who had filed her evidence by way of affidavit was not available for cross -examination.