DATAMATION CONSULTANT PVT. LTD. Vs. SHRI RANJIT KUMAR

JUDGEMENT

(1.) THE challenge in this writ petition by the petitioner is to the ex -parte award dated 17th November, 2004 passed by the learned Labour Court No. II in ID No. 311/2002 in the case titled Datamation Consultants Pvt. Ltd v. Sh. Ranjit Kumar.

(2.) BY virtue of the aforesaid award the learned Labour Court has come to a finding that the dismissal of the respondent/workman w.e.f 12th January, 2001 was illegal and unjustified, and accordingly, it directed the reinstatement of the respondent/workman with 50% of the back wages and all other legal benefits.

(3.) ON 4th April, 2003 on account of their non appearance they were proceeded ex -parte and the aforesaid award has been passed. The learned Counsel for the petitioner, in order to substantiate his point that they were not served, and were therefore prevented to contest the matter on merits, relied upon the judgment in the case titled Shalimar Rope Works Ltd. v. Abdul Hussain H. M. Hasan Bhai Rassiwala and Ors. : AIR 1980 SC 1163.