EVA FACILITIES Vs. SABBAL SINGH NEGI

JUDGEMENT

(1.) The petitioner has challenged the ex-parte award of the Labour Court whereby the Labour Court awarded reinstatement with back wages to respondent No.1.

(2.) Learned counsel for the petitioner urged at the time of the hearing that the petitioner has its office at KB-2, Qutab Plaza, DLF Phase - I, Gurgaon, Haryana 122002 whereas respondent No.1 gave an incorrect address of Leela Palace Hotel, Diplomatic Enclave, Chanakya Puri, New Delhi in the statement of claim. It is submitted that the petitioner was never served with the summons before the Labour Court. It is further submitted that the petitioner inspected the record of the Labour Court according to which the summons were served on Mr. Varun Bagga, Assistant Manager - HR of Hotel Leela Palace, Diplomatic Enclave, Chanakya Puri, New Delhi who is under the employment of Hotel Leela Palace. It is submitted that the petitioner has no office in the Hotel Leela Palace, Diplomatic Enclave, Chanakya Puri, New Delhi. It is further submitted that respondent No.1 was well aware of the petitioner's address which is mentioned in the appointment letter dated 28th March, 2012 placed on record by respondent No.1 before the Labour Court.

(3.) Learned counsel for respondent No.1 urged at the time of the hearing that respondent No.1 gave correct address of the petitioner at Hotel Leela Palace, Diplomatic Enclave, Chanakya Puri, New Delhi and the petitioner was duly served with the summons.