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2025 Supreme(Online)(Ker) 43425

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
ABDUL KHADER.E.M – Appellant
Versus
THE EMPLOYEES COMPENSATION COMMISSIONER – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.RAMAKRISHNAN, SRI.K.A.HAZAN, SMT.PREETHI RAMAKRISHNAN, SRI.PRATAP ABRAHAM VARGHESE, SHRI.MANOJKUMAR G., SHRI.ASHOK MENON
For the Respondents: ADV.SRI.K.P HARISH, ADV.SRI.V.M KRISHNAKUMAR

Sushrut Arvind Dharmadhikari, J.

Heard Adv.Sri.P.Ramakrishnan, learned counsel for the appellant, Adv.Sri.K.P Harish, learned Senior Government Pleader for respondents 2 and 3 and Adv.Sri.V.M KrishnaKumar, learned counsel for the 4th respondent.

2. This appeal has been filed with a delay of 50 days.

Having perused the reasons stated in the afÏdavit filed in support of the application to condone delay, we are satisfied that sufÏcient cause has been made out to condone the delay. Hence, C.M Appln. No. 2 of

2025 to condone the delay is allowed.

3. The present writ appeal is directed against the judgment of the Single Bench dated 20.6.2024 in W.P(C) No. 859 of 2014 wherein the appellant-petitioner had challenged the action of the 2nd respondent – the Assistant labour ofÏcer under the Minimum Wages Act for determining the wages of 87 employees for the period September 2005 to February 2006. The aforementioned application was filed by the 2nd respondent in 2008, Ext.P5. In those proceedings, the appellant-petitioner was proceeded ex-parte. The recovery proceedings, Ext.P11, was initiated in the year 2013 and the appellant moved an application for setting aside the ex-parte order on 6.11.2012

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