NAVEEN KUMAR Vs. SIR GANGA RAM CITY HOSPITAL

JUDGEMENT

(1.) The present writ petition filed by the workman assails the ex-parte award dated 10.04.2018 passed by the learned Labour Court-XVII, Dwarka Courts, New Delhi in LIR No.740/18. Under the impugned award the learned Labour Court had, after coming to the conclusion that the petitioner's services had been terminated eight months before the scheduled date, directed the respondent no.1 to pay a lump sum compensation of Rs.35,000/- to the petitioner.

(2.) Learned counsel for the petitioner submits that the petitioner is aggrieved by the award as the Labour Court despite holding his termination to be illegal, has without any basis declined to grant him reinstatement. He therefore prays that the matter be remanded back to the Labour Court for fresh adjudication. At this stage, learned counsel for the respondent no.1 points out that since the impugned award was passed ex-parte, the said respondent has already moved an application seeking recall of the order dated 05.04.2018 whereby it was proceeded against ex-parte as also of the consequential impugned ex-parte award dated 10.04.2018. He submits that the said application is pending consideration before the learned Labour Court and is now listed on 24.10.2019, in which proceedings, the petitioner's authorised representative has already made a statement that he will not oppose the respondent's application for restoration as the petitioner is also seeking setting aside of the impugned award by way of the present petition.

(3.) In the light of the aforesaid, when both the parties are aggrieved by the impugned award, it would be appropriate and in the interest of justice to remand the matter back to the Labour Court for deciding the dispute afresh after giving due opportunity to both the parties to complete their respective pleadings and lead evidence.