PRINCIPAL CHIEF CONSERVATOR OF FORESTS Vs. K. VIJAYAN

JUDGEMENT

(1.) Heard Mr. S. Prabhu, Learned Additional Government Pleader (Forest) for the Petitioners and Mr. M.R. Jothimanian, Learned Counsel for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.

(2.) This Court during the earlier hearing on 30.07.2020 has passed the following self-explanatory order:-

(3.) Learned Additional Government Pleader appearing for the Petitioners placing strong reliance on that authoritative pronouncement of the Hon'ble Supreme Court of India, which now holds the field, contends that the ex parte award requires to be set aside and the matter sent back for fresh consideration. On the other hand, Learned Counsel for the Respondent vehemently opposes the claim for setting aside the award by highlighting that the concerned officials of the Forest Department of the Government of Tamil Nadu had not been diligent enough in following up legal proceedings effectively throughout and this Court has refused to show any indulgence in their favour in respect of cases relating to persons similarly placed to the Respondent in the order dated 10.07.2017 in W.P. No. 20854 of 2012, the order dated 29.03.2019 in W.P. No. 7914 of 2011 and the order dated 05.09.2019 in W.P. No. 15722 of 2019, and that the Respondent has to be treated on par with those persons and could not be deprived of the benefits of the award of the Labour Court for no fault on his part.