MANAGEMENT OF MAHATMA GANDHI HYDRO ELECTRIC WORKS, V.V.N.L., JOG, BY ITS EXECUTIVE ENGINEER (ELECTRICAL), NOW CALLED KPTCL SHIMOGA DISTRICT Vs. WORKMEN OF EXECUTIVE ENGINEER (ELECTRICAL), MAHATMA GANDHI HYDRO ELECTRIC WORKS, JOG, V.V.N.L., BY IT

JUDGEMENT

(1.) THE Management of Mahatma Gandhi Hydro Electric Works aggrieved by the award dated 04th May 2010 in Ref. No. 86/3006 of the First Additional Labour Court, Bangalore, having placed it exparte, has presented this petition.

(2.) THE only submission of the learned counsel for the petitioner is that after the proceeding was remanded to the First Additional Labour Court by order dated 16th July 2009 in W.P. No. 2729/2009 setting aside the earlier award passed exparte since the Respondent Trade Union was absent, the Labour Court did not issue fresh notice nor served a notice on the petitioner at its Registered Office, at Bangalore, and therefore the petitioner was unable to appear before the Labour Court and prosecute the proceeding.

(3.) LEARNED counsel submits that, if the exparte award is to be quashed and proceedings remitted, the same be subject to exemplary cost payable by the petitioner.