CHIEF ENGINEER CPWD Vs. JAY NARAYAN & ORS

JUDGEMENT

(1.) W.P.(C) 6254/2013

(2.) To the claim filed by the respondents/workmen, petitioner filed the written statement on 14.05.1999 and continued to appear before the Tribunal, however, all of a sudden stopped appearing with effect from 28.05.2002. Therefore, vide order dated 16.02.2003, the petitioner was proceeded ex parte. Thereafter on 04.07.2008, after the gap of more than 5 years, the petitioner moved an application challenging the ex parte award dated 12.06.2008 passed by the learned Tribunal, which was decided vide order dated 29.04.2013, wherein held as under:-

(3.) Mr.Saqib, learned counsel appearing on behalf of the petitioner submits that while passing the order dated 29.04.2013, the learned Tribunal over looked the fact that the appropriate Government had referred the dispute for adjudication to the CGIT-II vide order dated 01.09.1998. The said case was originally being heard before the Labour Court-Cum-Industrial Tribunal, Trikut Bhawan, Bhikaji Cama Place, New Delhi. Thereafter, the case was transferred by the Ministry of Labour and Employment to CGIT-II vide its order dated 11.02.2008 for further adjudication. Subsequently, vide notification dated 03.04.2013, the matter came to be heard by the Presiding Officer, CGIT-I, Karkardooma Court, Delhi. Thus, the instant case was not dealt with before one Forum and it is a reasonable ground that the department may have lost track of the case proceedings due to improper reporting of case status.