PREETAM SINGH AND SONS Vs. CHOTEY LAL

JUDGEMENT

(1.) This case is fixed for regular hearing, but no one has appeared on behalf of the parties although it is 12.30 PM. Respondent No. 1 workman was served of this petition after admission by means of publication and still he has not appeared. I have therefore perused the records and I am proceeding to disposing of the petition.

(2.) Challenge has been laid by this petition under Article 226 of the Constitution of India for setting aside the ex parte Award dated 1.8.1994 and the order dated 13.9.1996 dismissing the application under Order 9 Rule 13 CPC on behalf of the petitioner on the ground that the Labour Court had no jurisdiction to entertain such an application after 30 days of the publication of the Award.

(3.) The facts of the case are that the respondent No. 1 was under the employment of the petitioner sole proprietor concern and he resigned on 26.9.1991. The application for resignation is dated 19.9.1991 and is filed as Annexure P-1. Resignation letter and voucher of full and final settlement signed by the workman respondent No. 1 are annexed as Annexures P-2 and P-3.