V P SHARMA Vs. POLC X

JUDGEMENT

(1.) The petitioner had raised industrial dispute challenging his termination, which was referred for adjudication to the Labour Court. On 26.3.1997 ex parte award was passed. As per the order sheet of the Labour Court the petitioner did not appear on that date. Petitioner moved an application for setting aside of the said award, which was dismissed vide order dated 27.1.1998 on the ground that the award had been published on 16.6.1997 and the application for setting aside the said award was filed on 23.3.1997 which was after 30 days of the publication of the award and, therefore. Labour Court had become functus officio. Petitioner has filed this petition challenging order dated 27.1.1998 and has also prayed for quashing of ex parte award dated 26.3.1997.

(2.) To complete the narration of facts, it may be mentioned that after the receipt of the reference order. Labour Court fixed the date of hearing 11.1.1996 when the petitioner filed his statement of claim and notice was issued to the management. From 11.1.1996 to 26.3.1997 the case came up for hearing on 4 dates and the order-sheet of these dates is reproduced below : "11.1.1996 Workman present 'in person. Statement of claim filed. Notice be issued to management for 11.7.1996. 11. 7.1996 Workman in person. None for the management. Filed notice to management for 19.11.1996. 19.11.1996 The L.P.O. is on leave today. Present workman in person, none for the management served. Issue notice to management for 26.3.1997. 26.3.1997 Present none. Proceedings are reserved for award. Award passed. File be consigned to record room."

(3.) The perusal of the order-sheet would show that the workman had filed the statement of claim. However, management had not been served so far. On 26.3.1997 since petitioner did not attend the case. Award was passed against him, which was published on 16.6.1997.