LAXMIKANT YADAV Vs. MANAGER

JUDGEMENT

(1.) The petitioner has impugned the award dated 4th December, 2002 dismissing the claim of the petitioner/workman on the ground of abandonment of the proceedings by the workman with effect from 2nd December, 2002.

(2.) The petitioner/workman alleged that he was employed with the management since July 1986 as a general worker with the last drawn salary of Rs.1800/- per month. He pleaded that he was not rendered normal legal facilities and on demand being raised, his salary was withheld and his services were terminated on 30th July, 1996 without any charge sheet. The petitioner issued a demand notice dated 31st July, 1996 but the same was not replied. The petitioner raised conciliation proceedings and thereafter the reference in the following terms was made by the appropriate Government:

(3.) The respondent/management was served after the claim was filed by the workman, however, no one had appeared and therefore an ex-parte award was passed against the respondent. The respondent/management thereafter filed an application dated 27th May, 2000 seeking setting aside of the award dated 10th December, 1999. On behalf of the workman, his authorized representative appeared and filed a reply. The Labour Court after considering the application of the respondent/management for setting aside the ex parte award and the reply filed on behalf of the petitioner/workman set aside the award dated 10th December, 1999.