J U D G M E N T

1.This writ petition is filed by the management, challenging an ex parte award in an industrial dispute.

2.The dispute was raised by an individual worker under Rule 2-A(2) of the Industrial Disputes (Amendment) Act, 2010, challenging termination from service. The management admits that they have received summons from the Labour Court. However, it was submitted that summons was received by the then HR Manager, who, without intimating the same to the management, left the job. However, the management has a case that no notice as contemplated under Rule 26A of the Kerala Industrial Disputes Rules was served on them before passing the award in open court. According to the management, there are serious irregularities on the part of the Labour Court in not following the WP(C) No.36591/2016 norms.

3.Having considered the facts and circumstances, this Court is of the view that the impugned order is liable to be set aside to pave a way for reconsideration of the matter after hearing the petitioner as there is procedural irregularities in terms of Rule 26A. Further, the petitioner's case is that the HR Manager did not inform the acceptance of notice.

4.However, the 1st respondent/