MANAGEMENT OF DDA Vs. P O LABOUR COURT

JUDGEMENT

(1.) THE petitioner, Delhi Development Authority, has challenged the ex -parte Award dated 13th February, 1996 passed by the labour Court in ID No. 36/1994 whereby the termination of services of the respondent no.2 -workman by his employer was held to be illegal and consequently, a direction was issued to the employer, petitioner -management herein, to reinstate him in service with continuity as well as full back wages.

(2.) THE learned counsel for the petitioner has argued that no opportunity was given to the management by the labour Court to contest the claim of the respondent no. 2 -workman an ex -parte Award was passed against it without any justification. It has also been contended that in case the Award of the labour Court is allowed to stand that would benefit a person who has got the appointment with the petitioner by playing fraud. Elaborating this point counsel submitted that it is the case of the petitioner -management, which of course could not be placed before the labour Court since no opportunity was given to it for that purpose, that many persons had started working with Delhi Development Authority, including the respondent no. -2 herein, by preparing fake documents of their appointment/posting purporting to have been issued by the officials of DDA and when that large scale fraud was detected the Central Bureau of Investigation had conducted an investigation and many criminal cases are pending. It has been contended that this is a fit case where the matter should be remanded back to the labour Court after setting aside the ex -parte Award for a fresh trial after giving an opportunity to the petitioner -management to put forth its defence.

(3.) I have perused the labour Court's record which shows that the labour Court had ordered the petitioner -management to be proceeded against ex -parte on 3rd April, 1995 noticing that the management of DDA had refused to accept the summons and that refusal was considered to be sufficient service of notice of the case upon the management and accordingly the case was adjourned for recording of ex -parte evidence of the respondent no.2 -workman. After recording ex -parte evidence of the respondent no. 2 -workman the impugned Award came to be passed on 13th February, 1996 whereby, as noticed already, the petitioner -management was directed to reinstate the respondent no. 2 -workman with full back wages and continuity of service.