KINGS DORIAN EXPORTS Vs. MOHD ANISH

JUDGEMENT

(1.) Present petition has been filed challenging the impugned order dtd. 30/5/2019, whereby, while allowing the application under Order IX Rule 13 CPC for setting aside Award dtd. 6/12/2018, it was inter alia held that before issuance of notice of the application to the non-applicant/claimant, Management was directed to deposit 100% of the Award amount till date in the name of the Court in the form of Demand Draft within next 10 days. In terms of the Award dtd. 6/12/2018 since the Management did not deposit this amount, learned Presiding Officer Labour Court " V dismissed the application under Order IX Rule 13 CPC.

(2.) Aggrieved of this, the petitioner filed the present petition with a prayer to set aside the ex-parte Award dtd. 6/12/2018, notice U/S 33 - C(1) OF I. D. ACT dtd. 15/4/2019 and impugned orders dtd. 30/5/2019 and 3/7/2019.

(3.) Plea of the petitioner is that in fact respondent workman had himself left the job after receiving full and final salary. It has been stated that in fact 14 such objections were filed and most of them were dismissed. It has further been stated that the present petition was wrongly filed in the name of K.D. Exports (Shahila Enterprises), whereas the correct name of the petitioner is King Dorian Export.