MANAGEMENT OF U C FASHIONS Vs. G DHANAPAL

JUDGEMENT

(1.) ORDER The petitioner Management challenged the order passed by the Labour Court in I.A.No,201 of 2001 in I.D.No,224 of 1995 refusing to set aside the ex-parte award passed on 13.02.1996. The case of the petitioner is that the respondent workman was employed under the petitioner and since the workman was not regular, he was terminated from his service. Challenging the said termination order, the respondent filed I.D under Section 1A(2) of the Industrial Disputes Act, 1947. The petitioner entered appearance and took time for filing counter affidavit. The matter was finally posted on 18.01.1996 for filing counter. The matter was adjourned to 29.01.1996 for ex-parte evidence and thereafter to 13.02.1996. On that day, evidence was recorded, the ex-parte award was passed against the petitioner herein.

(2.) IT is the contention of the petitioner that he had filed an application to set aside the ex-parte award on 28.02.1996 that is within 15 days from the date of passing of award as per Rule 48(2) of the Tamil Nadu Industrial Disputes Rule, 1958. IT is further submitted that on the same date the said petition was returned by the Labour Court.

(3.) WHEN things stood so, O.S.No.1620 of 2000 was filed by the petitioner seeking permanent injunction against the respondent herein, and Tahsildar from interferring with the peaceful enjoyment of the business of the petitioner and thereafter only on 28.01.2001 the petitioner represented the set aside petition which was filed and returned on 28.02.1996. Notice was ordered in the said petition. The respondent herein filed an counter affidavit giving all the details as mentioned above. By an order dated 18.06.2002, the set aside petition filed by the petitioner was dismissed by the Labour Court and the said order is impugned herein.