STATE OF CHHATTISGARH Vs. GAURISHANKAR TIWARI

JUDGEMENT

(1.) This petition under Article 226/227 of the Constitution of India has been preferred to assail the award passed by the labour Court on 15-2-13 as also for setting aside the order dated 4-6-15 wherein petitioner's application for setting aside the ex-parte award has been rejected.

(2.) The respondent-workman was engaged in the establishment under the DFO, Marwahi as Forest Guard from 1977 to 2003. He was removed in the year 2004 which led to raising of industrial dispute which was eventually referred for adjudication to the labour Court, Bilaspur. After submission of written statement the petitioner remained absent during the course of hearing before the labour Court, on which it was proceeded ex-parte and thereafter the award directing reinstatement without backwages was passed on 15-2-13. An application under Order 9 Rule 13 CPC for setting aside the ex-parte order was also rejected on 4-6-15.

(3.) Shri Shashank Thakur, learned GA would submit that the labour Court has recorded perverse finding regarding the workman having rendered 240 days work in the calender year preceding the date of termination, therefore, there being no violation of Section 25-F of the Industrial Disputes Act, 1947, the impugned award deserves to be set aside.