DEV UTTAM Vs. R N MEHROTRA

JUDGEMENT

(1.) THE petitioner, a partner in a partnership firm which was running a printing press in the name and style of M/s Gautami Printers has challenged the award of the Labour Court dated 28th Feb. , 1973 in I. D. Case No. 89 of 1972. The petitioner has also challenged the order of the Labour Court dated 18th May 1973 whereby the Labour Court refused to review the award dated 28th Feb. , 1973 on the ground that it had no power to set aside its own ex parte order.

(2.) LEARNED counsel for the petitioner contended that the reference was regarding a dispute between the workmen and the partnership firm. After the reference was made but before the hearing, the partnership firm was dissolved. The Labour Court, however, while deciding the reference held the partners individually responsible for payment of back wages and compensation. This, according to the petitioner, was done by the Labour Court ex parte without giving an opportunity to the petitioner to place his case before the Labour Court.

(3.) THOUGH no one appeared for the respondents at the time of the hearing of this petition today, a reply to the show-cause notice is on record. On perusal of the reply, it appears that though the respondents had disputed the case on merits, it is not disputed that the award was made ex parte hearing the petitioner.