SATHYA SAI VIDYA VIHAR Vs. RATI RAM

JUDGEMENT

(1.) THE petitioner has challenged the ex-parte award dated 9th december, 2002 passed by the learned Labour Court No. IV in ID No. 100/1997 in the case titled M/s Sh. Satya Sai Vidya Vihar Vs. Sh. Rati ram. Briefly stated the facts of the case are that appropriate government had made a reference on 12th June, 1997 to the learned labour Court in the following terms: "whether the services of Sh. Rati Ram have been terminated illegally and/or unjustifiably by the management and if so, to what relief is he entitled and what direction are necessary in this respect?"

(2.) ON the basis of this reference the notices are purported to have been issued to the respondent/workman as well as the petitioner. The respondent/workman appeared before the learned Labour Court and filed his statement of claim wherein he stated that he is working with the petitioner/management from August 1990 as a gardener and drawing a salary of Rs. 1750/- per month. It is further alleged that his services were illegally terminated on 24th August, 1996 without issuing any notice or compliance with the Labour Laws.

(3.) THE respondent is proceeded ex-parte on the ground that on 25th february, 1999 the management had refused to receive the notice. The contention of the learned counsel for the petitioner is that the management had never been served notice/summon actually, and therefore, they could not appear before the learned Labour Court for the purpose of contesting the matter on merit. It was contended that the management came to know about the ex-parte award dated 9th december, 2002 only on 11th June, 2003 whereupon they took appropriate steps of inspecting the record and file an application for setting aside the ex-parte award. However, the said application was also dismissed as the learned Labour Court is stated to have functus officio on account of publication of award and hence the petition.