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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P., J
Alcon Laboratories (India) Pvt. Ltd. – Appellant
Versus
Bibin Kurian Markose – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to set aside an ex-parte award due to counsel error. (Para 1 , 2) |
| 2. respondent opposes relief, citing negligence in legal representation. (Para 3) |
| 3. granting an opportunity for merits-based adjudication subject to costs. (Para 4) |
JUDGMENT
This writ petition has been filed challenging Exhibit P5 Award in I.D. No.26 of 2024 on the file of the Labour Court, Ernakulam.
2. It is the case of the petitioner that the matter was decided without adequate representation from the petitioner. It is submitted that Exhibit P6 proceedings will show that the petitioner had not been set ex parte. It is submitted that, the non-appearance occurred not on account of any fault on the part of the petitioner, but on account of a mistake committed by the office of the counsel for the petitioner. It is submitted that, the petitioner has serious contentions to be raised before the Labour Court. It is submitted that though a detailed statement of objections had been prepared , the same could not be filed on account of default in appearing before the Labour Court. It is submitted that the petitioner may be given one chance to contest the matter on merits.
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