TRUTORN MACHINE INDIA LTD Vs. LABOUR COMMISSIONER

JUDGEMENT

(1.) THE management of M/s Trutorn Machine (India) Ltd. (hereinafter to be referred as the petitioner) seeks to challenge an ex-parte award dated 15. 05. 2004 passed by the Industrial Adjudicator directing reinstatement of respondent No. 2 with full back wages.

(2.) IN response to notice of this writ petition, the respondent No. 2 has filed his counter affidavit but after filing of counter affidavit, nobody has appeared on behalf of respondent No. 2 since 20. 11. 2006. Hence I have heard Mr. Ajay Kumar, learned counsel appearing on behalf of the petitioner, ex-parte.

(3.) THE respondent No. 2 had set up a claim before the Labour Court that he was employed by the management of the petitioner about 14 years on the date his services were illegally terminated. The notice of the proceedings pending before the Labour Court was served through Process server on one Ms. Kalpana, alleged to be an employee of the petitioner. Notice was not sent to the petitioner by Registered Post. The case of the petitioner management in the present writ petition is that it never received any notice from the Labour Court and, therefore, it could not defend the claim of respondent No. 2 filed by him before the Labour Court.