VIRENDER KUMAR Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Since short question is involved in the matter, the matter is taken up with consent of the parties and finally disposed of at this stage.

(2.) Petitioners who are four in number had raised industrial dispute which was referred for adjudication by Secretary (Labour) Government of NCT of Delhi on 5.11.93. Although both the parties, namely petitioners and respondent no.3 appeared before the Industrial Tribunal where the matter was being adjudicated. On 4th September, 1995 as nobody appeared on behalf of the petitioners, Industrial Tribunal proceeded ex-parte and passed ex-parte award. Thereafter, petitioners filed application for setting aside ex-parte award which was dismissed by impugned order dated 6th February, 1996 holding that there was no sufficient cause for non-appearance by any of the four petitioners or their representative on the date when the award was passed.

(3.) Case of the petitioners in the application for setting aside ex-parte award was that when the matter was listed on 10th July, 1995 and on that date was adjourned for 4th September, 1995, petitioner No. 1 who was present alongwith clerk of counsel for the petitioners wrongly heard and noted the date as 4th October, 1995 for filing rejoinder. Accordingly, when petitioner came on 4th October, 1995 and did not find the matter listed in the cause list, on enquiring about the matter and after inspecting the record, he came to know that the matter was adjourned to 4th September, 1995 and not on 4th October, 1995. It was submitted that since wrong date was noted in the case, petitioners could not appear on 4th September, 1995. While dismissing the application, Industrial Tribunal made the following observations:-