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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P., J
M.A. Paily – Appellant
Versus
Labour Court – Respondent
| Table of Content |
|---|
| 1. summary of facts and contentions regarding the ex parte award. (Para 1 , 2 , 3) |
| 2. court's discretion to impose conditional costs to restore a matter for fresh adjudication. (Para 4 , 5) |
JUDGMENT
This writ petition has been filed challenging Exhibit P6 Award dated 23.09.2025 in I.D. No.23 of 2024 on the file of the Labour Court, Kozhikode.
2. It is the case of the petitioner that due to circumstances beyond his control, he could not contest the matter before the Labour Court and he was declared ex parte. It is submitted that the Labour Court has directed the reinstatement of the 2nd respondent with backwages, continuity of service and all other attendant benefits. It is submitted that, the petitioner may be given one opportunity to contest the matter on merits before the Labour Court.
3. The learned counsel appearing for the 2nd respondent submits that the petitioner received summons from the Labour Court and engaged a counsel, who filed Vakkalathnama in the matter. It is submitted that despite engaging a counsel, no objections were filed by the petitioner and there was repeated default in appearance before the Labour Court as well. It is submitted that, it is in s
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