PLAZA PLASTICS Vs. GOVT. OF NCT

JUDGEMENT

(1.) THE petitioner by virtue of the present writ petition has challenged the ex -parte award dated 3rd January, 2002 passed in ID No. 115/1996 titled The Management of Plaza Plastic v. its workman C/o Nav Jagriti Krantikari Mazdoor Union passed by the Labour Court -IX, Karkardooma Courts, Delhi which held the termination dated 10th August, 1994 of the respondent/workman to be illegal and unjustified as well as violating Section 25(F) of the Industrial Disputes Act, 1947. Accordingly, the workman was directed to be reinstated with payment of 50 % of last drawn wages w.e.f. 10th August, 1994.

(2.) THE award has been challenged primarily on the ground that the petitioner was never served and consequently they went unrepresented before the learned Labour Court. The respondent/workman has filed the counter affidavit and contested the claim of the petitioner/management about the service of the petitioner. It was averred in the counter affidavit that the petitioner/management was indulging in dilatory tactics and accordingly refused the registered cover containing the notice at address M/s Plaza Plastic, A -313/37 Inderlok Delhi -110035 which was returned back by the postal authorities with the remarks that no such firm exists.

(3.) I have heard the learned Counsel for the parties and perused the record. Rule 18 of the Industrial Tribunal (Procedure) Rules, 1949 laid down as under: