METAL CRAFTS Vs. RAJ KUMAR VERMA

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of Award dated 21.2.2004 whereby the reference was answered by the Labour Court No.VI in favour of the workman and he was directed to be reinstated with full back wages and continuity of service.

(2.) It is submitted that the petitioner was proceeded ex parte on 3.1.2004 as nobody could appear before the Labour Court on behalf of the petitioner because of non posting of date of hearing in the counsel's diary. This was unintentional mistake of the counsel. Management was under impression that counsel would appear before the Labour Court and file affidavit. As per record of the Labour Court, the matter was adjourned to 21.2.2004 Again none appeared before the Labour Court because the date was not with the petitioner's counsel and ex parte Award was passed on 21.2.2004

(3.) A perusal of the Award would show that management had filed written statement and contested the claim of the respondent that he was not terminated illegally and unjustifiably. After workman's evidence was complete when the case was fixed for management's evidence, no one appeared on behalf of the management on 3.1.2004 so the management was proceeded ex parte. Case was posted on 13.2.2004 again none appeared for the management. Tribunal heard the arguments and decided the reference on 21.2.2004