ST GEORGE SCHOOL Vs. GOVT OF NCT DELHI

JUDGEMENT

(1.) By way of the present petition, the petitioner has assailed an ex-parte award dated 21.8.2004, passed by the Industrial Tribunal in ID NO.125/2003. It is recorded in the award that the despite due service of notice of reference, none appeared on behalf of the petitioner/ management and therefore, it was proceeded against ex-parte. In the present writ petition, the petitioner has disputed the report of service on the ground that proper service has not been effected on the petitioner and that a perusal of the said service report dated 10.10.2003, does not show the name and particulars of the person who has accepted the summons on behalf of the petitioner/ management, nor does the seal of the school appear on the summons. Without going into the said controversy, counsel for the respondent fairly states that instead of awaiting the outcome of the present petition on merits and prolonging the litigation, the impugned award be set aside and the matter be remanded back to the Industrial Tribunal for being tried on merits, subject to the petitioner being put to terms and the proceedings being made time bound.

(2.) I have gone through the award and have heard the counsel for the parties. The contention of counsel for the petitioner that the report of the Process Server appears to have been obtained with a view to encourage presence of Industrial Union in the running of the school or that the same has been obtained by malafides cannot be sustained merely by perusing the summons placed on record. Due service in normal course has been effected by the Process Server in normal course and it cannot be disputed merely on the basis of the aforesaid bald averment.

(3.) However, keeping in view the interest of both the parties and balancing the equities, the impugned ex-parte award is set aside. The case is remanded back to the Industrial Adjudicator, subject to the petitioner paying a sum of Rs.10,000/- to the respondents, through counsel, within four weeks. The Industrial Adjudicator shall make an endeavour to dispose of the matter as expeditiously as possible, preferably within a period of eight months from the date of passing of this order.