GENESIS PRINTERS Vs. RATI RAM JATAV PRESIDING OFFICERS

JUDGEMENT

(1.) By means of the present petition under Articles 226 and 227 of the Constitution of India the petitioner/employer/sole-proprietorship concern challenges the ex parte Award dated 24.2.1996 passed by the Labour Court directing the reinstatement of the workman with back wages, and also the order dated 18.12.1996 dismissing the application moved under Order 9 Rule 13 CPC read with Section 11 of the Industrial Disputes Act, 1947 for setting aside the ex parte Award. The issue with regard to the merits of the Award can only be examined if the order dated 18.12.1996 dismissing the application under Order 9 Rule 13 CPC is set aside. This is for the reason that the documents which have been filed in this Court on behalf of the petitioner were not before the Labour Court when the impugned Award came to be passed. This court will therefore first have to see the validity of the order dated 18.12.1996 dismissing the application under Order 9 Rule 13 CPC read with Section 11 of the Industrial Disputes Act.

(2.) That an ex parte Award can be set aside on account of giving valid reasons for non-appearance is no longer res integra inasmuch as it has been held by the Supreme Court in the case of Anil Sood v. Presiding Officer, Labour Court 2, 2001 10 SCC 534 that such an application is indeed maintainable and it cannot be said that the Labour Court has no jurisdiction to set aside the ex parte Award.

(3.) The reason pleaded by the petitioner for setting aside the ex parte Award was that its counsel without any reason stopped appearing in the case, although, for a few dates he appeared. It is contended that there was no reason for the management not to contest the present case because not only the notice dated 9.5.1988 specifically asked the workmen to come and collect the dues under Section 25-F but also because the dues under Section 25-F were only a sum of Rs. 1440+960 i.e., a total sum of Rs. 2,400/ -, being the amount calculated as per 15 days pay for each year of service and also a notice pay of 30 days.