SHANTI RANI Vs. PRESIDING OFFICER

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of order dated 16th October, 1991 passed by the Industrial Tribunal I whereby the Tribunal recalled the so called award dated 10th January, 1991, passed by its predecessor.

(2.) Briefly the facts are that the two workmen Gajraj Singh and Chokhey Lal raised an industrial dispute in the year 1985. This dispute was referred for adjudication vide a notification No.F.24(624)/85/Labour/12578 dated 29th July, 1985. The Tribunal, of the relevant period, issued a notice to the parties. Both the workmen appeared and filed their statements of claims. None appeared on behalf of the management. Again notice was issued to the management with copy of statement of claim. However, the management did not appear on 25.7.1985. Notice were sent to management through registered post again and again. On 7th December, 1987, notice was received back with the remarks that management has refused to accept service of notice. The Tribunal proceeded ex parte against the management and ex parte evidence was recorded on 22..7.1988 and an ex parte award was passed on 26.7.1988. By this award, the workmen were directed to be reinstated with 50% back wages. The award was published and became enforceable. A recovery order No.418/88 for a sum of Rs.37,200/-w as sent to the Collector.

(3.) The management moved an application dated 10.8.89 for setting aside the award dated 26.7.1988. The Tribunal, at that time, issued notice of this application to the workmen returnable for 7.9.1989. On 7.9.1989, the workmen could not appear for want of service. However, the Tribunal stayed the recovery proceedings in pursuance of recovery certificate subject to management furnishing a bank guarantee of Rs.30,000/- within a week. A fresh notice was sent to the workman for 18.10.1989. The management did not deposit the amount nor furnished bank guarantee in terms of the order. So the stay was vacated and the following issues were framed: