KAMAL SAHDEV Vs. ASHOK KUMAR

JUDGEMENT

(1.) By this writ petition,the petitioner has challenged the validity of award dated 23.8.1985 in ID No.92/84 whereby the Labour Court directed the petitioner to reinstate the respondent with full back wages.

(2.) It is submitted by the petitioner that the respondent obtained an ex parte award against the petitioner by concealment of facts and by filing a false and frivolous statement of claim. The respondent obtained the award against Bharat Dealers, 60 Okhla Industrial Estate, New Delhi whereas the respondent had in fact worked with the petitioner's firm National Refrigeration Industries for the period 1981-82 and after voluntarily leaving the petitioner's firm, he sought employment with Punj Sons. He was employed by Punj Sons and he went abroad on an assignment given to him by Punj Sons. He concealed all these facts and obtained award that he be reinstated with full back wages.

(3.) In the counter filed by the respondent, the respondent took the stand that the writ petition was time barred as the award has become enforceable. The petitioner had not challenged the finding of the order dated 14.11.95 whereby the application of the petitioner for setting aside the ex parte award was dismissed on merits. The petitioner was the owner of Bharat Dealers and the respondent had worked with the petitioner i.e. Bharat Dealers on monthly salary of Rs.700/- per month. Mr. Kamal Sehdev was the proprietor of M/s Bharat Dealers, M/s National Refrigeration Industries and Trikuta Cooling(P) Ltd. All the three firms were having their registered office at 3, Netaji Subash Marg and Factory at 60, Okhla Industrial Estate. He denied that he had left the services on his own accord. He submitted that the petitioner had intentionally avoided the appearance before the Labour Court despite receipts of the summons and the Labour Court rightly proceeded ex parte against the petitioner and passed the award. He did not respond to Para-13 of the writ petition and did not deny about the specific averments made in para-13 of the writ petition that he had worked with the petitioner only in the year 1981-82 and thereafter he took employment with Punj Sons. His counter is silent about his taking employment with Punj and Sons or going abroad.