NARESH KUMAR Vs. PRESIDING OFFICER LABOUR COUR

JUDGEMENT

(1.) The present writ petition filed by the workman assails the order dated 05.05.2016 passed by the Labour Court- XVI, Karkardooma Courts in ID No. 83/13 rejecting his application seeking recall of the 'No Dispute Award' passed on 29.01.2015.

(2.) The petitioner, joined at the post of clerk-cum-cashier at the respondent no.2 Bank in its Chuna Mandi, Paharganj, New Delhi Branch, on 21.04.1990. Aggrieved by his dismissal from service by the Bank on 29.05.2000, the petitioner raised an industrial dispute before the Labour Court which came to be dismissed vide the No Dispute Award dated 29.01.2015. The learned Labour Court took into account that the petitioner had not appeared before it w.e.f. 24.07.2007 till 23.07.2011 and from 16.04.2014 till 21.01.2015, had failed to produce any evidence in support of his claim, before concluding that the petitioner claimant was not interested in pursuing his dispute against the management. It is the petitioner's claim that he only came to know of the No Dispute Award belatedly, i.e. on 20.07.2015, whereafter he moved an application seeking to set aside the No Dispute Award. However, the petitioner's recall application also came to be dismissed by the Labour Court on 05.05.2016, which order of dismissal has been impugned in the present petition.

(3.) During the course of arguments, the petitioner, who appears in person, submits that he is primarily aggrieved by the 'No Dispute Award' passed by the Labour Court on the presumption that the petitioner had wilfully not been appearing before the Court and was, therefore, not interested in pursuing his dispute against the Management. The petitioner concedes his absence before the Labour Court on some dates, but contends that the respondent as also the Labour Court were duly informed that he was, during this period, pursuing his remedies before this Court and the Hon'ble Supreme Court against some interim orders passed by the Labour Court. In furtherance of this submission, he avers that he had preferred WP(C) No. 8740/2011 before this Court in 2011, which petition came to be allowed vide order dated 10.07.2014, whereafter he was compelled to prefer another writ petition being WP(C) No. 6333/2014, which finally came to be disposed of on 21.11.2014. He submits that he had, thereafter, preferred LPA No.707/2014 which came to be dismissed by this Court on 13.01.2015, compelling him to approach the Supreme Court by way of SLP Nos.11875-77/2015. It is only when these SLPs came to be dismissed on 27.04.2015, that he took steps to lead evidence before the Labour Court, but was shocked to learn that a 'No Dispute Award' had already been passed against him on 29.01.2015. Immediately thereafter, he preferred an application seeking recall of the 'No Dispute Award', which was passed in his absence without giving him adequate opportunity to lead evidence or make submissions. However, he submits that the Labour Court has rejected his application for recall without appreciating the factual position. He, therefore, prays that the writ petition be allowed by setting aside the impugned order dated 05.05.2016 as also the Award dated 29.01.2015 and the matter be remanded to the Labour Court for expeditious disposal after granting opportunity to lead evidence to both sides.