GENERAL SECRETARY DEVICULAM ESTATE EMPLOYEES UNION Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The award of the Industrial Tribunal, Alleppey in Industrial Dispute No. 53 of 1975 is challenged by the General Secretary, Devikulam Estate Employees Union, Munnar in this Original Petition. The dispute was between the Senior Manager, M/s James Finlay and Company, Munnar and a workman of the above concern represented by General Secretary, Devikulam Estate Employees Union, Munnar and that concerned dismissal of Sri Mariappan, Supervisor, No. 592. The award was published in the Kerala Gazette dated 1st June 1976. Ext. P-6 is a copy of the said award.

(2.) Pursuant to the reference made to the Industrial Tribunal summons was issued to the parties to appear on 3rd January 1976 at the Ernakulam Camp. According to the petitioner, he had travelled about 100 miles through the High Ranges to reach the place of sitting at Ernakulam and he reached the place on 3rd January 1976 at about 12 a.m. By that time the case had been adjourned to 7th February 1976. The petitioner was said to be suffering from acute fever on that day and having been advised by Doctors not to undertake a journey, he could not leave his place for the hearing fixed on 7th February 1976. The case was adjourned to 6th March 1976. But on that date the petitioner is said to have applied for time by a telegram, since, according to him, his daughter died on 4th March 1976. The fact remains that the award was passed without his statement or evidence and treating him as ex parte. It is not necessary to go into the causes for the absence of the petitioner, for it is not for this court to weigh the appropriateness of the cause for adjournments indicated by the petitioner.'

(3.) Petitioner's case is that despite his absence the disposal of the industrial dispute between the parties in the manner seen in Ext. P-6 award is unwarranted and is contrary to the provisions of law. For that reason challenge is made to the award. That is the question with which I am concerned in this case.