LAWS(KAR)-2013-10-78

M/S. TECH MAHINDRA LIMITED Vs. AJAY BHAGAT

Decided On October 31, 2013
M/S. Tech Mahindra Limited Appellant
V/S
Ajay Bhagat Respondents

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India; the petitioner has called in question, the order dated 12-10-2012, passed by the II Additional, Labour Court, Bangalore, in I.D. No. 28/12 vide Annexure-B and the order dated 5-8-2013 passed in M.A. No. 2/13 vide Annexure-E. By the impugned order at Annexure-B, the II Additional Labour Court, Bangalore; has allowed the claim under Section 10(4A) of the Industrial Disputes Act and set aside the termination of the respondent without back-wages and the petitioner has been directed to pay a sum of Rs. 8 lakhs by way of compensation.

(2.) The award was ex-parte. Therefore, the petitioner has filed application in M.A. No. 2/13 to set aside the ex-parte award and permit the petitioner to participate in the proceedings. The Labour Court by its order dated 5-8-2013 has dismissed M.A. No. 2/13. Therefore, this writ petition.

(3.) Briefly stated the facts are: