WORKMEN OF TRAVANCORE RAYONS LTD Vs. MANAGER TRAVANCORE RAYONS LTD
LAWS(KER)-1967-1-25
HIGH COURT OF KERALA
Decided on January 18,1967

WORKMEN OF TRAVANCORE RAYONS LTD. Appellant
VERSUS
MANAGER, TRAVANCORE RAYONS LTD. Respondents

JUDGEMENT

- (1.) This writ petition is to quash the order of the Industrial Tribunal, Kozhikode declining to set aside the decision passed ex parte by the Tribunal, on 6 5 1965 in Industrial Dispute No. 20 of 1965. The Tribunal held that it had no jurisdiction to set aside its ex parte decision dismissing the reference for non prosecution, and that the remedy of the petitioner would appear to be to move the Government for a fresh reference. A copy of the order is Ext. P-1. The petitioner also prays for a writ of mandamus directing the Tribunal to dispose of the application to set aside the ex parte decision in accordance with law.
(2.) The order referring Industrial Dispute No. 20 of 1965 is dated 1-2-1965. The case was posted for the filing of the statement on behalf of the Union of Workers, successively to 18 3 1965, 31 3 1965, 23 4 1965 and 5 5 1965. It is enough to notice that no statement on behalf of the Union of Workers was filed, and that the Tribunal by its order dated 6-5-1965, dismissed the reference for non prosecution. The same was published in the Government Gazette dated 1-6-1965 and the petition to set aside the ex parte decision was filed on 28-6-1965. The impugned order was passed on 13-12-1965.
(3.) The application to set aside the ex parte decision was made under R.23 of the Kerala Industrial Disputes R.1957, which reads: "23. Setting aside ex parte decision: (1) The Board, Court, Labour Court, Tribunal or Arbitrator may for sufficient cause set aside after notice to the opposite party the ex parte decision either wholly or in part on an application made within fifteen days of the ex parte decision. The Board, Court, Labour Court, Tribunal or Arbitrator may extend the time on sufficient cause being shown. (2) Such an application must be supported by an affidavit.";


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