High Court of KeralaWA/214/2009dismissed

P.Prakashkumaran v. Assistant Labour Officer & Others

2015-05-22Honourable Mr.Justice P.R.Ramachandra Menon,Honourable Mr. Justice Babu Mathew P.Joseph3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 WA.No. 214 of 2009 ----------------------- AGAINST THE ORDER IN R.P. NO.1015/2008 IN WP(C) 36430/2005 of HIGH COURT OF KERALA DATED 14-01-2009 -------- APPELLANT/REVIEW PETITIONER/PETITIONER --------------------------------------------------- P.PRAKASH KUMARAN, MATHAS, NARAYANA NAGAR, VADAKARA, KOZHIKODE DISTRICT. BY ADVS. SRI.C.VATHSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS/RESPONDENTS/RESPONDENTS:

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1. ASSISTANT LABOUR OFFICER.GR.I, ASSESSING OFFICE AS PER BUILDING & OTHER CONSTRUTION WORKERS WELFARE CESS ACT, CIVIL STATION, KOZHIKODE.

2. THE SECRETARY,BUILDING & OTHER CONSTRUCTION WORKERS WELFARE BOARD THIRUVANANTHAPURAM.

3. THE SECRETARY,VADAKARA MUNICIPALITY VADAKARA, KOZHIKODE DISTRICT.

R3 BY ADV. SRI.R.SATISH KUMAR BY GOVERNMENT PLEADER SRI.P.P.PADMALAYAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P. R. RAMACHANDRA MENON & BABU MATHEW P. JOSEPH, JJ.

------------------------------------------------ W. A. No.214 of 2009 ------------------------------------------------ Dated this the 22nd day of May, 2015

JUDGMENT

P. R. Ramachandra Menon, J.

This appeal preferred against the order dated 14/01/2009 in R.P. No.1015 of 2008 in W.P.(C) No.36430 of 2005 was dismissed for nonprosecution as per order dated 1st June, 2011. Subsequently, on filing MJC No.37 of 2012, the matter was considered and on allowing the same as per order dated 19/01/2012, the appeal stands restored, after condoning the delay of 194 days in filing the MJC. When the matter came up for hearing yesterday, it was sought to be adjourned at the instance of the appellant, to be listed today. There is nobody to represent the appellant when the case is taken up for hearing today. It appears that the party has lost interest in the cause of action. Accordingly, the appeal is dismissed for non-prosecution. Sd/- P. R. RAMACHANDRA MENON JUDGE Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE

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