SATNAM VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted.

(2.) We heard Mr. Harbans Lal, learned counsel for the appellant and Mr. Atul C. Jain, learned counsel for the respondent.

(3.) An industrial dispute arising out of the termination of service of the appellant who was employed as a conductor by the Chandigarh Transport Undertaking was referred to the Labour Court for adjudication and it was numbered as Reference No. 55 of 1981. On receipt of the notice of the reference, the workman and the employer both filed, their respective statements, The reference came up for hearing on February 23, 1982 and when it was called out neither the appellant nor his representative one Shri M. L. Gupta was present. The Labour Court directed the matter to be heard ex parte. After making that order, the Labour Court proceeded to observe that as no evidence has been led by the appellant, there is nothing to show that the termination of service was illegal or invalid, and concluded that the appellant was therefore, not entitled to any relief. Soon thereafter an application was moved by the appellant for recalling the order disposing of the reference ex parte. It was stated in the application that the date given to the appellant to appear before the court was February 26, 1982 and not February 23, 1982 when the reference was disposed of ex parte. The employer contended that as the award has already been published in the Gazette there is no provision for recalling the award made ex parte nor restoring the case to file. In the meantime the presiding officer of the Labour Court was transferred and some other presiding officer was appointed and, before him the application came up for hearing. The Labour Court held that once the award was published in the Gazette, the Labour Court has no jurisdiction to recall the award or to set aside the ex parte award and to restore the case to file. The appellant moved the High Court under Art. 226 of the Constitution.