Kerala High Court
The Chairman Kerala State Chalachitra ... vs Jayanarayan V on 17 October, 2025
2025:KER:77836
O.P (LC) No.8/2024 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
OP(LC) NO. 8 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN ID NO.65 OF 2021 OF
LABOUR COURT, KOLLAM
PETITIONER/S:
1 THE CHAIRMAN KERALA STATE CHALACHITRA ACADEMY
CENTRE FOR INTERNATIONAL RESEARCH AND ARCHIVES (CIFRA)
KINFRA FILM AND VIDEO PARK KAZHAKUTTOM
THIRUVANANTHAPURAM, PIN - 695585
2 KERALA STATE CHALACHITRA ACADEMY
CENTRE FOR INTERNATIONAL RESEARCH AND ARCHIVES (CIFRA)
KINFRA FILM AND VIDEO PARK KAZHAKUTTOM
THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY, PIN - 695585
BY ADVS.
SRI.A.SUDHI VASUDEVAN (SR.)
SHRI.JOSE JONES JOSEPH, SC.
SMT.SHILPA SATHISH
RESPONDENT/S:
JAYANARAYAN V
T.C 37/561 SAI KRIPA LEKSHMI NAGAR THIRUMALA.P.O.
THIRUVANANTHAPURAM, PIN - 695006
BY ADVS.
SHRI.K.B.ARUNKUMAR
SMT.LATHIKA KUMARI.D
SHRI.RANJIT BABU
SMT.POOJA K.S.
THIS OP (LABOUR COURT) HAVING COME UP FOR ADMISSION ON
03.07.2024, THE COURT ON 17.10.2025 DELIVERED THE FOLLOWING:
2025:KER:77836
O.P (LC) No.8/2024 -2-
JUDGMENT
This original petition has been filed challenging Ext.P5 award and Ext.P8 order of the Labour Court, Kollam. Exhibit P5 is an ex parte award in I.D. No.65/2021 and Ext.P8 is an order refusing to set aside the ex parte award. A reading of Ext.P8 will indicate that though the matter was posted for evidence from 05-01-2023 and though the 1st respondent (workman) filed a proof affidavit, the petitioner (management), did not care to cross-examine the workman, although there were nearly 6 postings from 05-01-2023 to 04- 01-2024. On 04-01-2024, the counsel representing the management reported no instructions and accordingly, on 18-01-2024, an ex parte award was passed. The Labour Court found that there was no bona fides in the petition for setting aside the ex parte award, as the lawyer representing the 1st petitioner had reported no instructions on 04-01-2024. The Labour Court also found that there was no sufficient reason stated in the petition for setting aside ex parte award.
2. The learned counsel for the petitioners submits that actually two lawyers were engaged by the management, and owing to a miscommunication, one of the lawyers representing management reported no instructions on 04-01-2023. It is submitted that there is no willful negligence or latches in conducting the matter before the Labour Court, and the petitioners may be given one further chance to contest the matter on merits.
2025:KER:77836 O.P (LC) No.8/2024 -3-
3. The learned counsel for the 1st respondent submits that proceedings before the Labour Court indicate that the petitioners had not conducted the case diligently. Though the industrial dispute was raised and the matter was pending before the Labour Court from the year 2021, the management did not care to cross-examine the workman, and on 04-01-2024 the counsel representing the management reported no instructions. It is submitted that there is absolutely no illegality in the impugned orders and therefore this court need not set aside those orders in exercise of jurisdiction under Article 227 of the Constitution of India.
4. Having heard the learned counsel for the petitioners and the learned counsel of the 1st respondent workman, I am of the view that the learned counsel appearing for the workman is right in contending that there appears to be negligence on the part of the petitioners in conducting the case before the Labour Court. Despite 6 postings between 05-01-2023 to 04-01- 2024, the management did not care to cross-examine the 1 st respondent/workman, and on 04-01-2024, the counsel representing management reported no instructions. However, to give a further opportunity to the petitioners to contest the case on merits, I am inclined to grant relief, subject to payment of costs to the 1 st respondent. Accordingly, this original petition is allowed. Ext.P5 ex parte award and Ext.P8 order refusing to set aside the ex parte award will stand set aside, subject to the condition that the 2025:KER:77836 O.P (LC) No.8/2024 -4- petitioners pays a sum of Rs.7,500/- as costs to the 1 st respondent within a period of two weeks from today. If the petitioners fail to pay the amount within the specified time, Ext.P.5 award and Ext.P.8 order will continue to operate. The petitioners and the 1 st respondent shall appear before the Labour Court, Kollam, at 11 a.m. on 03-11-2025, and if the petitioners produce proof of having paid the costs within the time specified above, I.D. No.65/2021 will stand restored to file and will thereafter be adjudicated in accordance with the law. The petitioners shall take steps to ensure proper representation before the Labour Court, Kollam, and shall also ensure that they do not seek unnecessary adjournments in the matter.
Original petition will stand disposed of as above.
Sd/-
GOPINATH P. JUDGE AMG 2025:KER:77836 O.P (LC) No.8/2024 -5- APPENDIX OF OP(LC) 8/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION DATED 03.01.2018 SUBMITTED BY THE WORKER RESPONDENT BEFORE THE EMPLOYEES PROVIDENT FUND COMMISSIONER Exhibit P2 A TRUE COPY OF THE CASE STATEMENT FILED ON 22.11.2021 BY THE RESPONDENT IN ID 65/2021 BEFORE THE LABOUR COURT KOLLAM Exhibit P3 A TRUE COPY OF THE STATEMENT DATED 21.10.2021 ALONG WITH ANNEXURES I TO XII FILED BY THE 1ST PETITIONER IN ID 65/2021 BEFORE THE LABOUR COURT KOLLAM Exhibit P4 A TRUE COPY OF THE PROOF AFFIDAVIT DATED 22.05.2023 ALONG WITH ANNEXURES I TO VIII FILED BY THE RESPONDENT IN ID 65/2021 BEFORE THE LABOUR COURT KOLLAM Exhibit P5 A TRUE COPY OF THE AWARD DATED 18.01.2024 PASSED IN ID 65/2021 BY THE LABOUR COURT KOLLAM Exhibit P6 A TRUE COPY OF THE PETITION DATED 24.02.2024 BEARING IA NO. 19/2024 IN ID 65/2021 FILED BY THE 2ND PETITIONER BEFORE THE LABOUR COURT KOLLAM TO SET ASIDE EXPARTE AWARD Exhibit P7 A TRUE COPY OF THE PROOF AFFIDAVIT FILED IN IA NO. 19/2024 IN ID 65/2021 FILED BY THE WORKER BEFORE THE LABOUR COURT KOLLAM Exhibit P8 A TRUE COPY OF THE ORDER DATED 18.04.2024 PASSED BY THE LABOUR COURT KOLLAM IN IA 19/2024 IN ID 65/2021