B.K.GUPTA Vs. S.GURMUKH SINGH

JUDGEMENT

(1.) The present petition filed by the Management assails the ex parte award dated 11.07.2002 passed by the learned Labour Court, Karkardooma Courts, Delhi in I.D.No.657/1995. Under the impugned award, the Labour Court has, by relying on the documents filed by the respondent, directed the petitioner to reinstate him with full backwages.

(2.) Upon notice being issued in the present petition, the respondent entered appearance through Mr. K.K. Jha, Advocate who also filed the counter affidavit on his behalf. The record, however, shows that after 04.04.2011 Mr. Jha had stopped appearing which led to the matter being repeatedly adjourned and on 19.11.2015, when none of the parties were present, the present petition was dismissed in default and for non-prosecution. Upon an application for restoration filed by the petitioner, notice was again issued to Mr. Jha, Advocate, who informed this Court on 17.11.2016 that the respondent had taken the brief back from him prior to the dismissal of the writ petition. In these circumstances, this Court directed issuance of fresh notice to the respondent, who could not be served by ordinary process and was ultimately served by way of publication in the Hindustan Times (English) and Amar Ujala (Hindi) in August, 2017. Notwithstanding service by publication and repeated adjournments, the respondent has remained unrepresented, which is the case today as well despite grant of passover.

(3.) In these circumstances, the writ petition is taken up for final disposal.