(1.) THIS appeal is directed against the order dated 30th January, 2008 whereby the writ petition filed by the appellant was dismissed holding that no reasonable ground is made out for setting aside the ex parte award dated 21st September, 2002.
(2.) THE termination of the workman, who is one of the respondents herein, was challenged by seeking a reference. The appropriate Government at the instance of the workman made a reference to the Labour Court on the following terms:
(3.) THE authorized representative of the appellant entered appearance before the labour Court and filed a written statement to the claim filed by the workman. Issues were also framed on 27th January, 1999 in the presence of the representatives of the parties and the matter was adjourned for 18th August, 1999 and thereafter it was adjourned to 19th May, 2000. Thereafter the matter was adjourned from time to time. When the matter was listed on 26th February, 2001, none appeared on behalf of the appellant due to which the matter was adjourned to 13th June, 2001 and thereafter to 1st October, 2001. The matter was again adjourned to 3rd October, 2001. On all the aforesaid dates, none appeared on behalf of the management " appellant. Due to the aforesaid position, the Labour Court had no other option but to order for proceeding ex parte as against the management " appellant and ultimately ex parte award came to be passed on 21st September, 2002. It is thus established from the records that from 18th of August, 1999 onwards none appeared on behalf of the management